CRBA? Ottawa embassy..can they rush? HELP

[TammyandJosh 1]

We have an appt for my son Thurs in Ottawa. My daughter and I approved on a K1 visa on wed. We were intending to move in 2 weeks. Total curveball and they just caught now his dad is a US citizen..

Can they rush any papers allowing me to cross the border with him? Do they approve CRBA on spot? And I cna apply for a passport once we are there bc we are driving?

I seriously need to be out fo here ASAP..but obviously cant leave my 10 year old..

[hikergirl 277]

Couldn't find processing times for the CRBA but found this on travel with children:

http://www.getyouhome.gov/html/lang_can/can_sa.html

Children: Beginning June 1, 2009, U.S. and Canadian citizen children under age 16 arriving by land or sea from contiguous territory may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.

My opinion: your son doesn't require his passport to travel by car to the US but I am thinking that they'll want to see the CRBA to show the reason for him not having a K2.

Best of luck on Thursday and hopefully it'll be nice and quick for you!

[TammyandJosh 1]

Thanks.. I hope so Ive never been so distraught. Can anymore stress be added to a & month preggo person? Theyve gotta be able to give me something anything hopefully to allow him to cross...even if its just a record of applying for it.

[aaron2020 11,651]

Couldn't find processing times for the CRBA but found this on travel with children:

http://www.getyouhome.gov/html/lang_can/can_sa.html

Children: Beginning June 1, 2009, U.S. and Canadian citizen children under age 16 arriving by land or sea from contiguous territory may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad, a Naturalization Certificate, or a Canadian Citizenship Card.

My opinion: your son doesn't require his passport to travel by car to the US but I am thinking that they'll want to see the CRBA to show the reason for him not having a K2. Hedging your advice there. Your son don't need his passport to travel by car to the US, but the CBP may ask for one of the required documents like a CRBA. So, the child might need a CRBA is essentially your advice.

Best of luck on Thursday and hopefully it'll be nice and quick for you!

What you have quoted usually apply to a child with only one citizenship who visits the other country.

The child is a US citizen and a Canadian citizen.

US citizens are required to provide proof of citizenship to enter the US. Since the US does not have any laws allowing or prohibiting dual citizenship, the US only consider the child to be a US citizen.

The US citizen child cannot use Canadian documents to immigrate to the US. The child cannot use a Canadian birth certificate or a Canadian Citizenship Card to immigrate the US. The Canadian documents cannot show that the the child is entitled to enter the US and remain permanently in light of the fact that he will be traveling with mom who will be immigrating to the US on her K-1.

Without a CRBA, Naturalization Certificate, US passport, or US birth certificate, the child will have a problem entering the US when mom enters on her K-1. The child needs his US documents to prove US citizenship to show that he is entitled to enter the US.

A K-2 cannot be issued to a US citizen.

-------------

This is what is going to happen at the POE under your scenario;

Mom - got my K-1

Son - got my Canadian papers to go live permanently in the US with mom

CBP (US Custom & Border Patrol) - mom can enter but Canadian son seeking to immigrate with mom will be denied. This ain't a 6 months visit by a Canadian. Child has immigrant intent.

Mom - child is also a US citizen

CBP - prove with documents that the child is a US citizen

Mom - I got Canadian documents

CBP - We need US issued documents to show he is a US citizen otherwise he cannot enter with immigrant intent

Edited April 28, 2012 by aaron2020

[Anh map 2,098]

We have an appt for my son Thurs in Ottawa. My daughter and I approved on a K1 visa on wed. We were intending to move in 2 weeks. Total curveball and they just caught now his dad is a US citizen..

Can they rush any papers allowing me to cross the border with him? Do they approve CRBA on spot? And I cna apply for a passport once we are there bc we are driving?

I seriously need to be out fo here ASAP..but obviously cant leave my 10 year old..

The responsibility to sort this out is the parent's, not USCIS. A person with a claim to US citizenship cannot be issued a visa. When did you know that your child had a claim to US citizenship?

In your scenario the child has clear immigrant intent. Your travel schedule may be delayed.

[JimVaPhuong 4,863]

I don't know how fast this can be done in Canada. I've seen it done in as little as three weeks from the date of the CRBA interview in other countries. I've also seen it take longer than three months. I strongly recommend the US citizen father attend the CRBA interview. This helps to reduce the chances they'll ask for a DNA test from the father.

[sheeshkabelle 153]

He can cross with only the CBRA, and apply for a US passport after he comes to the US.

His Canadian documents can not be used.

The short of it, he has to have the CBRA. Ask them how long the CBRA will take to be processed. You might have a slight delay on moving.

[Penguin_ie 5,997]

In some places (Ireland), they give you the CRBA document right there at the appointment, which seems to be all you'll need as long as you cross by car.

[TammyandJosh 1]

I didnt realize nor did anyone at Immigration that he could claim until the last window at my K1 Visa Interview. His father who is indeed a US citizen but who has nothing to do with him for over 8 years has sent me documentation that the people at the K1 stated we would need, but looking online it appears much more indepth then what they told me. My son was born here so we all assumed he was canadian..

There is no way he would be willing to fly to Canada to attend, like I said very limited involvement in his sons life. That said we did do a DNA test upon the childs birth as his lawyer demanded it before he started paying support. Iam trying to get my hands on a copy.

I get I cant just cross the border with him, hence why I havent crossed and am trying to do it through the proper route. It is just adding additional stress as we gave notice on our place and I have 30 days to move or we will be stuck here in canada till after new babe is born..and haha he goes through all this as well..The additional stress on me and the babe is putting both of us at risk.