Services For US Citizens At The US Embassy In London And Update On The Closure Of The USCIS International Field Office In London

Introduction

US citizens living abroad have a variety of needs that are not typical for those living within the United States. Luckily for Americans living in Britain, the American Embassy in London offers many services to meet these needs. Currently, one of the greatest benefits of being in the UK is that if US citizens wish to move back to the US with non-US citizen family members, they are able to file the requisite I-130 Petition for Alien Relative with the US Citizenship and Immigration Services (USCIS) Field Office in London. This cuts processing time down by roughly five to twelve months, however, the London Field Office is set to close in early 2020. Once the Field Office has ceased operation, all family petitions must be filed in the United States and will be subject to lengthy processing times unless there is reason to request an expedited review. USCIS will only expedite petitions in very exceptional circumstances, including urgent humanitarian reasons, severe financial loss, compelling US government interests, or clear USCIS error. However, once the Field Office closes, it may be possible to bypass USCIS altogether and request that the Department of State accept jurisdiction over the I-130 Petition, which it will only do in specific exceptional circumstances. We assume this policy will continue but we do not yet have firm guidance whether this will be the case. Even once the London Field Office is no longer operational, the Embassy itself will still offer a host of beneficial services for Americans in Britain, such as: citizenship services for children, passport renewal, social security numbers, name changes, and renunciation of citizenship.

Sponsoring Family Members For Permanent Residency

While the London Field Office is still in operation, Americans living abroad are able to directly file I-130 Petitions for qualifying family members. In general, a petition may be filed on behalf of a spouse, parent, child, or sibling; however, the London Field Office only accepts petitions for spouses, parents, or unmarried children under the age of 21. All other petitions must be filed with a Service Center in the US. Due to the planned

field office closure, it is advisable that American citizens who plan to move back to the US with their non-US citizen spouse, child, or parent should file a petition as soon as possible.

Once an I-130 petition is approved, the beneficiary family member may apply for an immigrant visa and attend an interview at the Embassy. Upon approval, this visa allows family members into the US where they will then receive a green card for permanent residency. Being a Lawful Permanent Resident (LPR) bestows numerous benefits not available to non-immigrant visa holders – namely permission to reside permanently in the US and immediate work authorisation.

United States Citizenship For Children Born Abroad

When a child is born to a US citizen living abroad, it is possible that the child will be eligible for automatic US citizenship if the child’s US citizen parent lived in the United States (or one of its outlying possessions) for at least five years, two of which were after the age of 14. If the child’s father is a US citizen, while the mother is not, and the parents are unmarried at the time of the child’s birth, in order for the father to transmit his citizenship he must acknowledge paternity and agree to provide financial support for the child until he or she turns 18. Additionally, for couples who conceive using assisted reproductive technology, it is important to note that for the US citizen parent to pass citizenship automatically, he or she must be the genetic or gestational parent of the child. If the child is not automatically eligible for US citizenship, he or she may be able to apply for citizenship right away after being admitted to the US as an LPR instead of having to wait the requisite five years that most LPRs must wait before applying for naturalisation.

If the child does qualify for transmission of citizenship through a parent, he or she will need a Consular Report of Birth Abroad (CRBA) which serves as evidence of US citizenship. At the same time, applications should also be made for the child’s US passport and social security number. In most circumstances, both parents (regardless of whether they are both US citizens) must appear in person with the child in order for the CRBA and passport to be issued.

Passports, Social Security Numbers, And Name Changes

The US Embassy in London offers passport renewal and replacement services which typically take about two weeks to process. However, if someone has urgent travel, they may be able to apply for an emergency passport which can be processed quicker but will be limited in validity and pages. In addition, US citizens living in the UK who need to change their legal name following a marriage, divorce, or other event can do so through the Federal Benefits Unit stationed within the London Embassy. There, they can also apply for a social security number if they do not already have one.

Renouncing United States Citizenship

American citizens who wish to renounce their US citizenship may do so with the Citizenship Unit at the US Embassy in London. In order to renounce, the person must have another citizenship to fall back on so as not to become ‘stateless’. Additionally, they must appear for an interview before a Consular Officer to establish that they are renouncing their citizenship of their own volition and fully comprehend the ramifications of their decision. The Embassy will not review a person’s US tax filings, yet it is strongly advisable to obtain tax advice before renouncing US citizenship.

Maintaining Lawful Permanent Resident Status While Abroad

There are many requirements in place for LPRs in order to maintain their status. One of the most important is that an LPR who has been outside of the US for longer than one year is typically considered to have abandoned their status and will not be admitted into the US with their green card alone. If the person has been outside of the US for longer than one year, but is able to show they remained abroad for reasons beyond their control, he or she may be granted a Returning Resident Visa which permits entry to the US without the need to apply for a brand-new immigrant visa.

If an LPR knows that they plan to be outside of the US for longer than one year, he or she should apply for a re-entry permit, which is generally issued for two years at a time. With a valid re-entry permit in hand, an LPR has the freedom to enter the US after being away for more than a year without the presumption that their residency was abandoned. If two years is not long enough, the individual will have to return to the US and apply for a new re-entry permit as there is no mechanism for extending an existing permit.

For those who have been living outside of the US for more than a year without a re-entry permit, and are ineligible for a returning resident visa, the only option for returning to the US is to reapply for an immigrant visa. This means going through the I-130 Petition process again and appearing for an interview at a Consulate. Alternatively, if someone no longer wishes to keep their LPR status they may voluntarily abandon it by filing a form with USCIS. As of July, this particular form is no longer accepted at international field offices, and instead must be filed with the Eastern Forms Center in the US.

Rikkilee Moser is an Associate Attorney at US Visa Solutions, a full-service law firm which offers tailored US immigration advice on a range of individual and corporate matters. Although she works on a variety of cases from intra-company transfers and investor visas to criminal waivers of inadmissibility, Rikkilee’s specialty is in family-based immigration, including: immigrant visas for immediate family members, fiance´(e) visas, and adjustment of status. Rikkilee earned her law degree from Northern Illinois University College of Law; and afterwards moved to London where she completed an LLM (master of laws) at UCL.

Please note this article is for reference only. It does not constitute legal advice and should not be relied upon as such.

Contact Info: 6/7 Hatton Garden, Third Floor, London, EC1N 8AD Telephone: 020 7092 6830

Email: rikkilee@usvisasolutions.co.uk

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