Got a slightly unusual situation with a distant member of the family.

She is 40 years old and was born in Virginia (has just got US birth
certificate after a year of trying) of British Mother (now dead) and we
believe still-living but not easily contactable US father.
Came to UK
when 15 years old on a US passport - now lost.
Has 3 children here but
never had a British passport - indeed is having total problems getting
one, but has been given UK "right of abode". Cannot leave UK as has no
passport.
She would like to get a US passport but has been told by
someone that as she has not lived in US for many years that she will be
turned down.
I have no relevant experience of this - can anyone help
with some ideas about what she should do. not do?
Is it likely the INS
will have details of her 25 year expired US passport on file somewhere?
Would this help get her a new one?


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Posted via http://britishexpats.com

"JeanDupont" <member16726@british_expats.com> wrote in message
news:1283505.1078350216@britishexpats.com...
|
| Got a slightly unusual situation with a distant member of the family.
|
| She is 40 years old and was born in Virginia (has just got US birth
| certificate after a year of trying) of British Mother (now dead) and we
| believe still-living but not easily contactable US father.
| Came to UK
| when 15 years old on a US passport - now lost.
| Has 3 children here but
| never had a British passport - indeed is having total problems getting
| one, but has been given UK "right of abode". Cannot leave UK as has no
| passport.
| She would like to get a US passport but has been told by
| someone that as she has not lived in US for many years that she will be
| turned down.
| I have no relevant experience of this - can anyone help
| with some ideas about what she should do. not do?
| Is it likely the INS
| will have details of her 25 year expired US passport on file somewhere?
| Would this help get her a new one?
| --
| Posted via http://britishexpats.com

She should take her birth certificate to an American Embassy and apply for a
US passport. Because she was born on US soil, except for very specific
exceptions, she is probably a US citizen by the "Jus Soli" principle.
The INS does not issue passports, it's the State Department.


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Go to the US Passport web site and looked up the requirements.

The
answer to your incredibly easy question is right there in black and
white.

-= nav =-


--
Posted via http://britishexpats.com

Others have already posted that she should approach the US authorities
to get a US passport. She is an American citizen (she won't have lost
US citizenship by living overseas) - one thing to note is that she may
need to regularise her position with the IRS and start filing for US taxes.

Regarding British citizenship. It sounds like she has never legally
been British. However, if she was born after 7 Feb 1961 and her mother
was born in the UK, then she should probably be able to register as a
British citizen under the new law introduced in 2003:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=3855

This gives British citizenship by descent, which means any future
children born to her *outside* the UK and its territories won't be
British automatically (unless they get British citizenship from the
father) - but if she's aged 40 or so that may not be a problem

Alternatively, she could apply for naturalisation as a British citizen.
I doubt she has 'Right of Abode'(ROA) as she's not a citizen of a
Commonwealth country, without this it's not possible to have ROA, but
she may have Indefinite Leave to Remain (UK permanent residence).
Naturalisation normally takes longer than registration (although not
much longer now) and the IND may be willing to prioritise her
application. Her MP might be able to help:
http://www.ind.homeoffice.gov.uk/default.asp?PageId=3684

Naturalising or registering as a British citizen won't affect her US
citizenship - see http://www.richw.org/dualcit/

It's quite legal to have both US and British passports, although you
should always show a US passport to American immigration officials.

Ask about British citizenship on misc.immigration.misc

Jeremy

JeanDupont wrote:
Got a slightly unusual situation with a distant member of the family. She is 40 years old and was born in Virginia (has just got US birth certificate after a year of trying) of British Mother (now dead) and we believe still-living but not easily contactable US father. Came to UK when 15 years old on a US passport - now lost. Has 3 children here but never had a British passport - indeed is having total problems getting one, but has been given UK "right of abode". Cannot leave UK as has no passport. She would like to get a US passport but has been told by someone that as she has not lived in US for many years that she will be turned down. I have no relevant experience of this - can anyone help with some ideas about what she should do. not do? Is it likely the INS will have details of her 25 year expired US passport on file somewhere? Would this help get her a new one?

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This is not intended to be legal advice in any jurisdiction