Legal Question in Immigration Law in United Kingdom

Child of U.S. citizen denied citizenship

I have a friend who is the child of a U.S. citizen. Her father is British. She was born in England but now lives, works, and attends school here in the U.S., and has done so for 8-10 years now. She has been unable to obtain either dual or American citizenship thus far. Why is this? Her parents were told at the time of her birth that she must be given the citizenship of the father b/c her mother was under 21. Is it not true that any child, regardless of location of birth, is American if at least one parent is? Your help is appreciated.


Asked on 8/01/02, 11:52 am

2 Answers from Attorneys
Gabriel Jack Muston & Jack P.C.

Re: Child of U.S. citizen denied citizenship

Shortly after the birth of the child, USC parents normally go to the American consul and get citizenship for their baby. Since in this case it reads as though the parents did not, she will need to obtain LPR status if she wants to remain in the U.S. on a permanent basis.

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Answered on 8/01/02, 12:57 pm
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Child of U.S. citizen denied citizenship

You haven't provided enough specific info to determine whether the child is or isn't a US citizen. Whether she is or isn't a US citizen is determined by her year of birth. What her parents told her isn't true as to USC. If she was born before 1986, her mother would have had to have spent 10 years in the US preceeding her birth, 5 of which had to be after age 14. If she was under 18 currently, and her mother didn't have enough years to transmit the citizenship, she might have been able to derive citizenship from her grandparent. If she is over 18, it is too late.

If she has a greencard and is over 18 and has had it for more than 5 years, she can naturalize, and obtain citizenship that way.

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Answered on 8/01/02, 1:25 pm


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