Passport denial

[nwctzn 55]

I have a question I have 12 year old daughter who is a 10 year greencard holder and im a u.s citizen i recently applied for a passport for her but her real father is base in the Phils and dont wana do anything with us not even giving his consent for her daughter to have a passport its just he doesnt wana do anything with us and dont care at all

i told that to the passport service and made a letter but still my daugters passport got denied my question is she still have her old passport from our country is that still possible for her to use to travel with her greencard? or since we applied for her passport and got denied it means shes not allowed anymore to travel at all even if she has a valid passport from our country

Once you got married, isn't your current husband the legal guardian of your daughter? So I guess you and your current husband can sign her passport application, isn't that correct? I would check with a lawyer.

Edited November 19, 2012 by nwctzn

[Darnell 8,478]

Take another look at CSPA, as the daughter gets special status once you have your citizenship, if under a certain age.

It's my understanding that all you have to do is apply for the passport , if she meets the criteria (and I think she does)

What may be 'the issue' is that the clerk at the post office NOT know about CSPA and how your daughter qualifies.

Do some research on that, then go back, get a supervisor, go over the CSPA stuff with that human.

[nwctzn 55]

Take another look at CSPA, as the daughter gets special status once you have your citizenship, if under a certain age.

It's my understanding that all you have to do is apply for the passport , if she meets the criteria (and I think she does)

What may be 'the issue' is that the clerk at the post office NOT know about CSPA and how your daughter qualifies.

Do some research on that, then go back, get a supervisor, go over the CSPA stuff with that human.

There is nothing that can be done at the post office about this. As far as I understood from the original poster is not if her daughter is eligible for citizenship or not. It is certain that she is. The problem is that she cannot get the signature of the biological father on the passport application. So the original poster needs to resolve that. The issue that needs to be resolved is who count as the legal parents/guardians who can sign the passport application. As I pointed out in my earlier reply, it might be possible that the current husband is considered as the legal guardian. The original poster should check with a lawyer if indeed the signature of the biological father is required or not.

Edited November 19, 2012 by nwctzn

[pgupta 19]

There is absolutely no way possible for her to get a US passport if she is not a US Citizen, even if her father does give the ok.

if mother is USC and daughter is minor she automatically becomes US citizen. she only needs father's consent or sole custody documents to get US passport.

Edited November 19, 2012 by pgupta

[NickD 203]

if mother is USC and daughter is minor she automatically becomes US citizen. she only needs father's consent or sole custody documents to get US passport.

Good question, who denied her application? Some idiot at a post office or the DOS service center. Typically proving sole custody is the only requirement for children under 16 years of age.

Can tell you proving sole custody of a child, even under the age of 18 with the Venezuelan consulate is worthless. Of equal worthlessness, is the supporting stepdad. But dealing with the DOS.

[aaron2020 11,651]

I have a question I have 12 year old daughter who is a 10 year greencard holder and im a u.s citizen i recently applied for a passport for her but her real father is base in the Phils and dont wana do anything with us not even giving his consent for her daughter to have a passport its just he doesnt wana do anything with us and dont care at all

i told that to the passport service and made a letter but still my daugters passport got denied my question is she still have her old passport from our country is that still possible for her to use to travel with her greencard? or since we applied for her passport and got denied it means shes not allowed anymore to travel at all even if she has a valid passport from our country

This thread is a total mess. The child is a US citizen. The child IS REQUIRED as a US citizen to use a US passport to enter the US. The law requires that BOTH parents must give consent when a child under 16 applies for a US passport unless one parent has sole legal custody. In this case, the US passport application was denied because Dad will not give his consent. At this point, the OP needs to either prove she has sole legal custody or pay Dad for his consent.

First, the child is a US citizen. Under the Child Citizenship Act, the child is automatically a US citizen because she meets all four conditions; 1) has a US citizen parent (checked), 2) lives with the US citizen parent (checked), 3) is under age 18 (checked), and 4) has a green card (checked).

Second, US citizens are REQUIRED to use a US passport to enter the US. Using a green card is illegal because she is a US citizen. Using the green card could put her claim to US citizenship at risk because she is essentially saying "I am a foreign national and that is why I am presenting a green card to enter the US. If I was a US citizen, I would present my US passport as REQUIRED. Because I am not presenting a US passport, I am not claiming to be a US citizen."

The US passport laws requires a child under age 16 have both parents' consent to get a US passport. There are exceptions when one parent has sole custody. If the OP can establish that she has sole legal custody, she will not need Dad's consent. If the OP cannot establish that she has sole legal custody, then Dad's consent is required for the 12 years old to get a US passport.

Another solution is to grease the wheels by paying Dad a freakin' bribe to do the right thing by his child if the OP does not have sole legal custody.

I do have a question - how did you get your daughter a foreign passport and dad's consent to let her immigrate? If you solved this problem once, can't you just do it again?

Edited November 19, 2012 by aaron2020

[aaron2020 11,651]

Take another look at CSPA, as the daughter gets special status once you have your citizenship, if under a certain age.

It's my understanding that all you have to do is apply for the passport , if she meets the criteria (and I think she does)

What may be 'the issue' is that the clerk at the post office NOT know about CSPA and how your daughter qualifies.

Do some research on that, then go back, get a supervisor, go over the CSPA stuff with that human.

CSPA has nothing to do with this case. No one is applying for an immigration benefit. This is about a US passport and parental consent. A US citizen child under age 16 applying for a US passport is required to have the consent of both parents. One parent consent only applies when the custodial parent can prove he/she has sole legal custody. The problem here is that Dad is not consenting, and the application was probably denied because she couldn't prove she has sole legal custody.

[aaron2020 11,651]

Once you got married, isn't your current husband the legal guardian of your daughter? So I guess you and your current husband can sign her passport application, isn't that correct? I would check with a lawyer.

No, that is not correct. He is her step-father. That does not make him her legal guardian.

There is no need to guess or check with a lawyer.

The stepfather cannot give his consent. It is not a wise policy to let a stepfather consent to getting a US passport when the real father does not agree. That's just leads to one parent and his/her new spouse kidnapping the child from the other parent.

[del-2-5-2014 1,339]

I have a question I have 12 year old daughter who is a 10 year greencard holder and im a u.s citizen i recently applied for a passport for her but her real father is base in the Phils and dont wana do anything with us not even giving his consent for her daughter to have a passport its just he doesnt wana do anything with us and dont care at all

i told that to the passport service and made a letter but still my daugters passport got denied my question is she still have her old passport from our country is that still possible for her to use to travel with her greencard? or since we applied for her passport and got denied it means shes not allowed anymore to travel at all even if she has a valid passport from our country

How do you intend for an Alien Resident to get a US Passport?

Additionally, do you have any legal control on this child? Her Father is still her Father regardless of how you, a stranger, feel about the blood Father personally.

[nwctzn 55]

How do you intend for an Alien Resident to get a US Passport?

Additionally, do you have any legal control on this child? Her Father is still her Father regardless of how you, a stranger, feel about the blood Father personally.

Guys. Please read the original post. The child was a greencard holder in the US living with the mother when the mother became a US citizen. The child was also younger than 18. That makes the child automatically a US citizen and a US passport can be obtained with the mother's naturalization certificate.

The problem here is that the biological father is not helping with the passport application.

Please, before replying, read the original question.

Edited November 20, 2012 by nwctzn

[Ontarkie 14,324]

She may need proof that she has sole custody from the Philippines. As I understand it when the mother is not married she automatically has sole custody. So she would not need the fathers consent for anything, for example to immigrate to the US. She just needs something to prove this to the passport agency.

Since the child is now also a USC how does she enter the US as a green card holder? Seems this would also be a problem.

[Brother Hesekiel 2,236]

So much nonsense in a single post.

The child needs a US passport to travel, and she will get one by submitting form DS-3053 with the DS-11.

It's "How to get a US passport," first chapter, first period.

The mother has sole custody of her child, and the consent of the father is not even needed, let alone that it could not be obtained in ways recognized by the US Department of State.

[nwctzn 55]

So much nonsense in a single post.

The child needs a US passport to travel, and she will get one by submitting form DS-3053 with the DS-11.

It's "How to get a US passport," first chapter, first period.

The mother has sole custody of her child, and the consent of the father is not even needed, let alone that it could not be obtained in ways recognized by the US Department of State.

Very good find Brother Hesekiel.

She indeed needs to file form DS-11 together with DS-3053. For form DS-3053 she needs to file items 1,2,3, and 5; i.e., she is going to leave items 4a and 4b blank.

Form DS-3053 can be found here: http://www.state.gov/documents/organization/80106.pdf?

[apple21 953]

In the Philippines, when a child is born out of wedlock (as OP's case is), the sole custody goes to the mother. There's no "paperwork" or "proper documentation" for this, the child's birth certificate is enough because it shows that the mother and father are NOT MARRIED at the time of the child's birth. That's why OP was able to immigrate with her daughter (even without consent from the biological father).

But it seems that DOS doesn't recognize this, especially if the father's name is indicated on the BC. Only way to get around it, is to obtain a sole custody document (issued by the proper court, I suppose). But since the father is not cooperating it seems impossible for OP to get anything from him.

A lawyer might be able to do something.

[nwctzn 55]

In the Philippines, when a child is born out of wedlock (as OP's case is), the sole custody goes to the mother.

If this is true, she could obtain a document in English from the Embassy (or a Consulate) of the Philippines here in the US stating the above fact. That document together with the English translation of the birth certificate should be sufficient then.

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Edited November 20, 2012 by nwctzn