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Topic: Returning to us??  (Read 1816 times)

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Returning to us??
« on: January 18, 2013, 11:17:59 PM »
Basically I have lived in the UK since I was around 11 months and have leave to remain here, but I am still an American citezen and have an American passport etc. I really want to move back to the US and I am not sure how to go about it. Also I have a son who is British so I'm guessing that could make it harder. Really have no idea what I'm doing so any help would be appreciated!! Thanks :)


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Re: Returning to us??
« Reply #1 on: January 18, 2013, 11:21:46 PM »
First of all, make sure you have UK citizenship first, because if you leave for more than two years, you'd find it much harder and more expensive to come back. If you have a US passport, all you have to do is move back. You don't need to go through immigration procedures or anything. If you want to take your son, you'd need permission from the father.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Returning to us??
« Reply #2 on: January 18, 2013, 11:33:48 PM »
You're American?  Have you registered your child's birth at the US Embassy? If you are American then so is your child and as well as having the father's permission, your child will need a US passport to enter the US.  Other than that, you can just go.

See next post.
« Last Edit: January 19, 2013, 11:25:14 AM by Anonymiss »


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Re: Returning to us??
« Reply #3 on: January 19, 2013, 09:20:39 AM »
I may be mistaken, but I thought to pass on US citizenship to a child, you had to live in the US for 5 years, two of those years after the age of 14? So in this case, I don't believe the poster's child qualifies for American citizenship.


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Re: Returning to us??
« Reply #4 on: January 19, 2013, 11:15:35 AM »
I may be mistaken, but I thought to pass on US citizenship to a child, you had to live in the US for 5 years, two of those years after the age of 14? So in this case, I don't believe the poster's child qualifies for American citizenship.

You are right.  My mistake.  The child will need a visa.


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Re: Returning to us??
« Reply #5 on: January 19, 2013, 01:58:26 PM »
She can pass her US citizenship on automatically if she was in fact born in the US, which seems to be the case as she states that she came to live in the UK from the age of 11 months. If she were born outside the US, then she would need to have spent time in the US to pass on her American citizenship.


This is what I'm finding on the US Dept of State website:

"A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) of the INA provided the U.S. citizen parent was physically present in the United States or one of its outlying possessions for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen, is required...)"

I don't see anything stating that just being born in the US makes you eligible to pass on citizenship.


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Re: Returning to us??
« Reply #6 on: January 19, 2013, 03:51:18 PM »
Many, many apologies. I am wrong. Someone who was very knowledgeable in these matters told me the information that I posted. (which I will delete because I don't want misinformation out there)

This is unfortunate as both my children spent a number of years in the states (my daughter from birth - 4.5 years old and then again from the ages of 6.5 years old -14.5 years old. And my son lived there from 6 months old - 8.5 years old. And to the US government that means nothing as far as their future children being considered American.

I did see a provision that if a parent with US citizenship who doesn't pass the residency requirement of 5 years in the US with at least 2 of those years after the age of 14, that they can look into passing down US citizenship based US grandparents who reside in the US for at least five years. Which is good to know as that gives both my children's future childrens the right to claim American citizenship.

Again, many apologies for posting misinformation!
Let them eat cupcakes!

Officially Britishly since August 2013


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