Edinburgh, Scotland -Report of Birth to U.S. Citizen in Scotland & Derivative U.S. Citizenship Issue

Kevin Lawrence Dixler

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Immigration Attorney

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The Consulate General, Edinburgh provides services to residents of Scotland. This is an adaptation of the information provided at the website. If the parent of a U. S. Citizen resides in England or Wales, then they must apply at the U. S. Embassy in London. If parents are U.S. Citizens who reside in Scotland, then they must apply for a report of birth abroad and U.S. Passport in person at the Consular General’s Office in Edinburgh.

An appointment is necessary (only one appointment is required to report the birth and apply for the child's first passport). If you arrive at the Consulate without an appointment you ‘will be turned away.’ Please mail the completed application forms and copies of all supporting documents to the Consulate at least 7 days before the appointment. Use the link on the Website linked below, to book an appointment and seek additional information.

Registering the Birth

Children born abroad to U.S. citizen parents ‘may’ have a claim to U.S. citizenship. If your child is under 18 years of age and has a claim to U.S. citizenship, it is necessary for the U.S. citizen parent to prepare and sign an application for a "Consular Report of Birth Abroad" before a consular officer. The child must appear with the parent at the registration. If the child was born out of wedlock to an American citizen father, then the child's mother must also appear at the appointment. At the time you register your child’s birth, you should also apply for the child's U.S. passport and Social Security card.

The following information will assist, but not determine, whether your child is a U.S. citizen. The State Department offers help with the steps applicants or their parents are required to take to register a birth and/or obtain a U.S. Passport. A copy of this information is also found at the U.S. Consular General of Edinburgh’s Website.

Eligibility for citizenship

American citizens born outside the U. S. reached the age of 18 without obtaining a Consular Report of Birth Abroad but believe they have a claim to U.S. citizenship should contact the Consulate for further information. An experienced attorney can provide legal advice about transmission of citizenship, but the Consular General’s website also provides a link that provides some examples of the transmission requirements of citizenship. If you still have questions, then consult with an experienced U.S. Immigration and Nationality Attorney.

How to Register a Child as a U.S. Citizen

A parent must appear in person at the Consulate at the time and date given in the appointment notice. If only one parent is a U.S. citizen, the U.S. citizen parent must appear with the child. If the U.S. citizen parent is unavailable, it is recommended that contact be made with the Consulate.

The Consular General suggests that parents bring the following with them when they come to the Consulate for this purpose:

· British Birth Certificate. The child’s long-form British birth certificate showing both parents’ names issued by the local authorities;

· Marriage Certificate. The original certificate issued by the local, state or national government authorities. If you were married in the United States you must present a certified copy of the county or state certificate issued by the civil authorities, where the marriage took place. If your certificate is not in English, because it took place elsewhere, then a certified translation should be provided and properly certified by a competent translator of the two languages.

· Evidence of Parents’ Citizenship and Identity. Parents’ current passports must be submitted at the time of application

· Divorces/Death Certificates. You must provide verifiable proof of the termination of all prior marriages for both parents. If divorced in the United Kingdom, please provide certified court copies of both the Decree Nisi and Decree Absolute.

· _ Form DS-2029 (http://photos.state.gov/libraries/unitedkingdom/164203/cons-acs/ds2029.pdf)_: Please leave the signature box on page one blank. Be sure to fill in all other blocks. If a block does not apply, write “none". For tips on filling out the DS-2029, consider the link on the Consular General’s Website.

· SS-5-FS (http://www.socialsecurity.gov/online/ss-5fs.pdf): This is an application for a social security card. For children less than five years old an application for a social security card is wisest to complete and file whilst applying for a Consular Report of Birth Abroad. Please note that the parents' names on page two must be completed to match the names on file with the Social Security Administration.

· _ Form DS-11 (http://photos.state.gov/libraries/unitedkingdom/164203/cons-acs/ds0011.pdf)_: This is the passport application. Please leave the signature boxes blank. Please ignore pages one and two of the instruction pages, as they do not apply when applying for your passport in the United Kingdom. Follow the instructions on this page. The Form DS-11 must be printed on separate sheets of paper; do NOT print this form on front and back of the same sheet. For tips on completing the DS-11, follow the convenient link on the webpage linked, below. Include two photographs of the child that conform to the State Department's requirements. Again, a convenient link is provided on the linked website for information on photos and a list of Scotch Photographers familiar with the U.S. Standard.

· A pre-paid, special delivery envelope from a Royal Mail Office An example can be found by clicking on the page found at the link, below. You should address the envelope to the location where you intend to receive the child's passport. If you will change addresses between the time you mail the information and the time you appear in person, then wait to address this envelope until the time that you appear in person.

· You may be required to present proof of physical presence in the U.S. for the required time period. Please submit old passports, if available, as evidence. If unavailable other documentation such as school transcripts may be accepted. Incomplete applications will be abandoned after two months and the applicant will need to reapply.

You may pay the Consular General either by credit/debit card or with an International Money Order. Credit/debit cards accepted are Visa, MasterCard, Discover, American Express, and Diner’s Club. MAESTRO IS NOT ACCEPTED. Please be aware that International Money Orders or banker's drafts may take a few days to obtain. The fee for a Consular Report of Birth Abroad is $100.00. For information on passport fees, click on the link, below.

Note that the U.S. Consulate lacks public restrooms. The nearest public restrooms are located at the corner of London Road and Easter Road. Be forewarned. The above is general information and by no means is meant to create an attorney client relationship. For legal advice on derivative U. S. Citizenship, contact an experienced U.S. Immigration and Nationality Attorney.

The above is general information and by no means is meant to create an attorney client relationship. For legal advice on derivative U. S. Citizenship, contact an experienced U.S. Immigration and Nationality Attorney.

Additional Resources

U.S. Consular General - Edinburgh, Scotland - Consular Birth Abroad Information

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