More details to this question:
In 1969 my family moved to Wales UK. I lived there until 1979. While there I got married and had a son. In 1979 I returned to the US with my then 4 year old son. After seeking citizenship for my son I was told by immigration that my son automatically had citizenship because I was an American citizen. Fast forward to 2014 my son applies for a passport only to be told he is not a US citizen. Having a wedding to go to in the Uk he applied and got his British Passport. He flew to London on the 11th of Jan. and is supposed to be returning on the 18th. He was told in London he needed to get a visa to return to the US. He went to the American Embassy and explained the situation and was told he could not get a visa. He is now stuck in the UK, running out of money and soon a place to stay. What can I do from this side to get him home?
1 ANSWER
Immigration matters for employers, executives and professionals Attorney serving Beachwood, OH
at
The Law Offices of Brian J. Halliday, Inc.
Update Your Profile
I am assuming you are a U.S. citizen and your son’s mother is not. If this is not accurate, let me know.If that is accurate, in order for your son to be a U.S. citizen at birth, you would have had to be physically present in the U.S. for ten years before your son was born (presumably in 1975), and five of which would have had to be after the age of 14. If this is true of your case, then your son should be a U.S. citizen and should be able to apply for a passport with the requisite evidence.If you did not meet that 10year/5year requirement in the law, your son may not be a U.S. citizen at birth. What is not clear is how your son was admitted to the U.S. when he was 4 - e.g., as a U.S. citizen or as a permanent resident (green card holder). It was probably one or the other. You and he need to explore that completely, and possibly file Freedom of Information Act requests for a complete picture, which will take time.Due to the timing issues here, I suggest that you retain counsel promptly in order to see what can be done in the short term.
Answered on Jan 16th, 2015 at 12:31 PM