Memphis, TN asked in Immigration Law for Texas

Q: How do i as a American Citizen get my children passports if they were born in the U.K?

I have indefinite leave to remain in the U.K but received it after i had my children which are now 17 & 18. I am in need of advice on how to obtain passports for them. Are they entitled to American passports because I'm an American Citizen? When they were born i didn't have indefinite leave to remain in the U.K at the time. I am currently living in the U.S and trying to seek advice on how to obtain passports in order for them to move here with me.

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3 Lawyer Answers

A: Whether your children are entitled to request U.S. passports depends on various factors.

Unfortunately, you provided limited information in your posting.

Are you a U.S. citizen since birth or are you naturalized?

If naturalized, when did you become a U.S. citizen?

Are your children U.S. residents?

The above information is required to provide you with meaningful guidance.

A: I suggest you start by reviewing the information provided on this website: https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

And contact an immigration attorney if you need assistance. Best wishes!

Patricia C. Wall-Santiago
PREMIUM
Answered

A: Dear US citizen,

For your children to derive US citizenship depends on if you meet the physical presence requirement and whether or not you were legally married to your children's mother. Your children's right to derive citizenship depends on several factors, including if you derive citizenship yourself.

Although not related to immigration, you also verified if you need written consent from their mother to obtain their US passport if they derive citizenship from you.

As you can see, this is a complex matter that you should address with a private and confidential initial consultation with an experienced immigration attorney.

Good luck.

Patricia C. Wall

Practice Limited to U.S. Immigration & Nationality Law

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