Applying for U.S. Passport of U.S. Newborn

[Can_Am 0]

Background:

Last month, my wife and I had our first baby. We are both Canadian Citizens but had our baby while visiting in the United States.

Our newborn is a U.S. Citizen by "right of soil" because our baby was born in the United States (jus soli), and our baby is also a Canadian Citizen by "right of descent" because my wife and I are Canadian Citizens (jus sanguinis).

We have our baby's U.S. Birth Certificate, and we are now starting the process of obtaining a U.S. Passport for our baby.

Issue:

Because our newborn is a minor under the age of 16, there are special requirements to follow when applying for our baby's U.S. Passport, including applying for the U.S. passport in person.

One such requirement is that both parents must provide identification for themselves. Based on what we've seen on the U.S. State Department's website, the "primary" evidence of identification that they accept must be U.S. Identification. However, my spouse and I do not have any U.S. Identification because we are not American Citizens nor U.S. Permanent Residents. We are Canadian Citizens living in Canada.

According to the U.S. State Department's website, if "primary" evidence of identification cannot be provided, "secondary" evidence will be accepted as long as there is an Identifying Witness who can swear to the parents' identity. This Identifying Witness must be a U.S. Citizen or U.S. Permanent Resident, and must have known the parents for at least two years. Unfortunately, we do not know anyone who is a U.S. Citizen nor U.S. Permanent Resident.

Question:

Will the Passport Application Acceptance Facility accept our Canadian Passports or Provincial Driver's License as "primary" evidence of identification? Any information would be appreciated.

U.S. State Department - "Apply for a Passport - Minors Under Age 16 (STEP 5)"

http://travel.state.gov/passport/get/minors/minors_834.html#step5minor

[Canadiandggal 49]

Background:

Last month, my wife and I had our first baby. We are both Canadian Citizens but had our baby while visiting in the United States.

Our newborn is a U.S. Citizen by "right of soil" because our baby was born in the United States (jus soli), and our baby is also a Canadian Citizen by "right of descent" because my wife and I are Canadian Citizens (jus sanguinis).

We have our baby's U.S. Birth Certificate, and we are now starting the process of obtaining a U.S. Passport for our baby.

Issue:

Because our newborn is a minor under the age of 16, there are special requirements to follow when applying for our baby's U.S. Passport, including applying for the U.S. passport in person.

One such requirement is that both parents must provide identification for themselves. Based on what we've seen on the U.S. State Department's website, the "primary" evidence of identification that they accept must be U.S. Identification. However, my spouse and I do not have any U.S. Identification because we are not American Citizens nor U.S. Permanent Residents. We are Canadian Citizens living in Canada.

According to the U.S. State Department's website, if "primary" evidence of identification cannot be provided, "secondary" evidence will be accepted as long as there is an Identifying Witness who can swear to the parents' identity. This Identifying Witness must be a U.S. Citizen or U.S. Permanent Resident, and must have known the parents for at least two years. Unfortunately, we do not know anyone who is a U.S. Citizen nor U.S. Permanent Resident.

Question:

Will the Passport Application Acceptance Facility accept our Canadian Passports or Provincial Driver's License as "primary" evidence of identification? Any information would be appreciated.

U.S. State Department - "Apply for a Passport - Minors Under Age 16 (STEP 5)"

http://travel.state.gov/passport/get/minors/minors_834.html#step5minor

My best advice is head on down to the local us post office and talk to a clerk or give them a ring on the phone. From what I was told a canadian passport and drivers license should be enough. I just did my sons a few weeks back however I am a perm resident and my dh is a us citizen.

[Udella&Wiz 325]

Interesting scenario - so you have a US birth certificate for the child then? Keep us posted on what you find out.

Edited March 13, 2012 by Udella&Wiz

[Brother Hesekiel 2,236]

The child is a U.S. citizen based on jus soli, that is correct. The birth certificate will certify this and also name you as the newborn citizen's parents. Your Canadian passports are government-issued photo ID's, so I cannot imagine that you would be even able to provide anything else. Keep in mind that we have anchor babies from illegal immigrants, and those kids have full documentation as well, even if their parents only have a wet shirt and nothing else.

[Can_Am 0]

Yes, we have our baby's official U.S. Birth Certificate. This was our first step in the process.

About a week after our baby's birth, we applied for the U.S. Birth Certificate in person at the office of the town clerk where our baby was born. We just received it in the mail from the Vital Records Office of the state. Our next step is to apply for our baby's U.S. Passport. Once we receive the U.S. Passport, our third step will be to apply for a Canadian Citizenship Certificate so that our baby will have proof of being a Canadian Citizen. As a fourth step, we may then apply for a Canadian Passport for our baby.

The first issue we are facing during this U.S. Passport application process is providing acceptable "primary" evidence of identification for us, the parents.

The second issue we are facing is where we should we apply for our baby's U.S. Passport: (1) U.S. Post Office in the United States; (2) U.S. Passport Agency in the United States; or (3) U.S Consulate in Canada.

Looks like we just missed "Passport Day in the USA" which was held on March 10, 2012: http://www.state.gov/secretary/rm/2012/03/185154.htm

[Udella&Wiz 325]

Yes, we have our baby's official U.S. Birth Certificate. This was our first step in the process.

About a week after our baby's birth, we applied for the U.S. Birth Certificate in person at the office of the town clerk where our baby was born. We just received it in the mail from the Vital Records Office of the state. Our next step is to apply for our baby's U.S. Passport. Once we receive the U.S. Passport, our third step will be to apply for a Canadian Citizenship Certificate so that our baby will have proof of being a Canadian Citizen. As a fourth step, we may then apply for a Canadian Passport for our baby.

The first issue we are facing during this U.S. Passport application process is providing acceptable "primary" evidence of identification for us, the parents.

The second issue we are facing is where we should we apply for our baby's U.S. Passport: (1) U.S. Post Office in the United States; (2) U.S. Passport Agency in the United States; or (3) U.S Consulate in Canada.

Looks like we just missed "Passport Day in the USA" which was held on March 10, 2012: http://www.state.gov/secretary/rm/2012/03/185154.htm

Depending on where you are in Canada, would it be easy to go over the border to say Buffalo? I would definitely call them and ask what they recommend or call the closest US Consulate

[Can_Am 0]

Everything else being equal, is there any significant difference in where you apply for a U.S. Passport:

(1) U.S. Post Office in the United States;

(2) U.S. Passport Agency in the United States; or

(3) U.S. Consulate in Canada?

[Brother Hesekiel 2,236]

Everything else being equal, is there any significant difference in where you apply for a U.S. Passport:

(1) U.S. Post Office in the United States;

(2) U.S. Passport Agency in the United States; or

(3) U.S. Consulate in Canada?

Formal answer:

For legal reasons, you can't really take a U.S. citizen with a Canadian passport out of the U.S. This is actually more difficult than you'd prima facie imagine.

The passport office inside a post office is the normal way to do this. If you need a passport within 2 weeks, you can make an appointment at a passport agency and will get a U.S. passport anywhere between 170 minutes and 1 day.

[Can_Am 0]

For entry into the United States via a land border, can't we present the official U.S. Birth Certificate for our newborn (who is a U.S. citizen under the age of 16)?

Since we live in Toronto, we would drive to the U.S. Passport Agency in Buffalo to apply for our newborn's U.S. Passport, and then enter back into Canada again by a land port of entry using the official U.S. Birth Certificate for our newborn.

Is this approach ok?

United States - Document Requirements for Land and Sea Travel:

http://www.cbp.gov/xp/cgov/travel/vacation/ready_set_go/whti_bg/land_sea/

Canada - Required Identification:

http://www.cbsa.gc.ca/security-securite/admiss-eng.html

U.S. Passport Agency - New in Buffalo:

http://blogs.state.gov/index.php/site/entry/passport_agency_buffalo