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Question:

Does a baby of an american mother and a british father (who is a permanent USA resident) have dual nationality

Father not citizen, yet.


Best Answer - Chosen by Asker: The matter is complicated and there isn't a single answer. It depends on where the baby was born, whether she returns to the other country within a certain number of years, and whether the parents apply for passports for the child with both countries (as a small child, the baby can be listed in each parent's passport from the 2 different countries as long as each country allows a person to carry another country's passport...not all do), and whether the American parent has been physically present in the US for 5 years total before the baby is born.

In the case of the British father, if he does not return to Britain with the baby, you can not assume the child will be considered a British citizen without filing paperwork with the British embassy. Further, if he becomes a naturalized American, he is supposed to renounce his allegiance to all foreign powers. At that point he gives up his British passport and the baby is no longer allowed to travel as a British subject.

So it is possible for the baby to have British/American dual citizenship, but it is not automatic and there are a number of documents that need to be filed to ensure everything is in proper order.