# US citizenship for child of US/UK parents living in UK



## SirGalahad (Jul 22, 2010)

Following a visit to the US embassy last week, I thought I'd post what I learnt, as it could be useful to a family in the same position as ours.

My wife is a US citizen (and she lived in the USA from birth until 25). I am a UK citizen (and have always lived in the UK). Our son was born in the UK a year ago. We registered his birth with the UK Register Office and got him a British passport, but we have not registered him with any US authorities.

A couple of months ago, my wife and son travelled to the USA to visit the grandparents (without me). Upon arrival, the immigration officer told my wife that my son could NOT enter the USA on his UK passport. He said that my son should have been registered as a US citizen and therefore had to travel on a American passport. Eventually the guy's boss told him to back off, and they let my wife and son through.

We looked up the US embassy's website, and it did seem to imply that because my son was ENTITLED to US citizenship, he was OBLIGED to register as a US citizen, and therefore to travel to the USA he WOULD need a US passport.

So we made an appointment at the embassy to register him and got all the paperwork together to prove that he was entitled to it. However when we got there, we said to the guy "is this necessary?" and he said "no". He said that we were entitled (but not obliged) to register our son as a US citizen any time up until he's 18. When we asked about our ordeal with the immigration officer at Dulles airport, he said that 
1) the immigration officer was wrong - my son is NOT obliged to register as American and
2) anyway he couldn't PROVE that my son was entitled to US citizenship (it took us quite a while to accumulate the evidence to prove that he is, and we certainly won't be carrying all that with us next time we visit the USA).

So we didn't go ahead with it. We have saved ourselves $200 in fees, many hours later in life (renewing passports etc) and maybe saved our son from the burden of filing US tax returns. If he decides that he wants to take up his US citizenship later in life then he is free to do so.

It does seem to be a bit of a grey area and open to interpretation. The guy at the embassy was reticent to give us any written confirmation of what he'd told us, and he did seem to be contradicting the embassy's own website. But it does feel like a victory for common sense - it would be ridiculous to force citizenship on someone that doesn't want it. We have spoken to other US/UK parents who live in the UK, and they haven't registered their children with the US authorities. I wonder if any forum members have had similar experiences...???


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## Bevdeforges (Nov 16, 2007)

Wow, it certainly does fly in the face of all the work of the US expat groups over the last few decades. But I agree with you that it does strike a blow in the cause of common sense. (There are some very good reasons why someone born and raised overseas may not want to claim their US citizenship.)

Will be interested to see if others have corroborating experiences.
Cheers,
Bev


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## izzysmum04 (Nov 26, 2007)

*I haven't as we have registered both our daughters so they now have dual citizenship of both countries. I have had friends who never had their children registered, and have had horrible experiences with immigration when travelling to the US. Most have now just went ahead and registered their children to avoid all the hassle. 

Unfortunate as it is, the American embassy in London webpage does say this:

"My child has a foreign passport. Can s/he use it to travel to the U.S.?

By law, even if your child holds foreign nationality, if s/he has a claim to U.S. citizenship, s/he is required to enter and depart the United States on a valid U.S. passport. S/he should not enter the United States on a foreign passport with a visa, or visa free under the Visa Waiver Program.

If you do not meet the requirements to transmit citizenship to your child, you still must document the child with a "Letter of No Claim" before traveling to the U.S. or applying for a visa. "

No, you are not obliged to register your child as US citizen, but the child, by law, is required to enter/depart the US on their US passport. Unfortunately, to get the passport you have to register them as a US citizen. Crazy, as it may be. *


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## Fredddie (Feb 15, 2011)

Hi,

I have to visit the US Embasy in London with 2 kids under 5yrs. 
They say on the website that for security reasons you cannot bring in bags. So with a 2 hr journey to get there and a possible long wait, how can I carry in snacks, toys, not to mention a change of clothes for 'toilet' accidents!

I just wondered as you had to attend with your little one, if you could give me some advice?

Thanx stax!
Freddie.


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## SirGalahad (Jul 22, 2010)

We were equally daunted at the prospect of going there. Security is tight, but the guards are nice and friendly. They will let you leave small electronics (phones, toys, etc) in the guard's office at the front, but they don't have much room there. Inside the main building where you wait there is a whole corner of the room full of toys etc. It was surprisingly and pleasantly efficient. We took our buggy with us and had that stuffed with spare clothes etc. Good luck!


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## sineadx (Mar 7, 2012)

Hello I'm new to this forum and wanted to ask some questions regarding this topic.  

I am engaged to an American and have just given birth to our son here in the UK. He has just flown back to Florida and I am wanting to register our son's birth at the US Embassy in London and get a US passport for him but was wondering is it possible to do this as he is back in the US now and won't be back for a long time? On the US Embassy website they preferably want both parents to attend the appointment but this won't be possible in my case, so can I register my son on my own with him? Also the documents they need from the American citizen (my fiance) could he send to me for me to take to the appointment? Any advice I would really appreciate as I want to start this process as soon as possible. Thanks.


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## Joppa (Sep 7, 2009)

sineadx said:


> Hello I'm new to this forum and wanted to ask some questions regarding this topic.
> 
> I am engaged to an American and have just given birth to our son here in the UK. He has just flown back to Florida and I am wanting to register our son's birth at the US Embassy in London and get a US passport for him but was wondering is it possible to do this as he is back in the US now and won't be back for a long time? On the US Embassy website they preferably want both parents to attend the appointment but this won't be possible in my case, so can I register my son on my own with him? Also the documents they need from the American citizen (my fiance) could he send to me for me to take to the appointment? Any advice I would really appreciate as I want to start this process as soon as possible.


I'm not familiar with this question, but the fact you are unmarried may complicate things. The embassy may require the consent of both parents, or at least the American parent, for your son to be registered as US citizen, and it may have to be given in person rather than on paper.


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## sineadx (Mar 7, 2012)

By what I read on the US Embassy website to register his birth, all I need is documents from my fiance proving he is an American citizen and how long he has lived there (his passport, birth certificate etc) but when applying for his passport it says if only one parent can attend the appointment it states: If only one parent is able to accompany the child to the appontment, we will require Form DS-3053 (Statement of Consent) completed by the absent parent. It must be notarized before a U.S. Notary Public, British Notary Public, or British Solicitor. The notary or solicitor must place his/her official seal upon the document. U.S. Embassies and Consulates can also notarize Form DS-3053 (Statement of Consent). 
So the absent parent which in my case is my fiance can do this in America and send it to the Embassy in London?
I'm sorry with all the questions but I have just had my son and want to start this process as early as I can and this is worrying me. 
Thanks.


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## nyclon (Apr 3, 2011)

sineadx said:


> By what I read on the US Embassy website to register his birth, all I need is documents from my fiance proving he is an American citizen and how long he has lived there (his passport, birth certificate etc) but when applying for his passport it says if only one parent can attend the appointment it states: If only one parent is able to accompany the child to the appontment, we will require Form DS-3053 (Statement of Consent) completed by the absent parent. It must be notarized before a U.S. Notary Public, British Notary Public, or British Solicitor. The notary or solicitor must place his/her official seal upon the document. U.S. Embassies and Consulates can also notarize Form DS-3053 (Statement of Consent).
> So the absent parent which in my case is my fiance can do this in America and send it to the Embassy in London?
> I'm sorry with all the questions but I have just had my son and want to start this process as early as I can and this is worrying me.
> Thanks.


According the the London U.S. Embassy website, if the U.S. citizen parent is not in the country, you need to contact them for further instructions. See the link:

Children Born in the UK to U.S. Parents | Embassy of the United States London, UK


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## sineadx (Mar 7, 2012)

That's the frustrating thing, I read that and have rang them twice but I am being given different answers. The last lady I spoke to is going to send me out a pack so hopefully it might be clearer in there.


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