Returning to the US with 2 yr old daughter born in Canada

[NYC718 0]

Hello,

I have a question I hope I can get some asssitance with. I have been in Canada (overstay after pregnancy complications and the birth of my daughter who also had complications at birth), and am now returning to the US. My daughter is 2 and is a Canadian citizen with a canadian passport. I should mention that I am a US citizen. I have a notarized letter from her father giving me permission to travel with her to the US. I am wondering if I will have any issues at customs, when travelling by bus without her father. I have all the documentation regarding my daughter's condition at birth, and her hospital stay after her birth. Will customs give me a hard time or should everything be fine since I'm a US citizen?

Any help would be greatly appreciated!

[NikLR 13,232]

You should get a CRBA for your daughter and a US passport. However just to travel, a letter of consent from the other parent should be okay. I suggest making sure it's a notarized letter.

[NYC718 0]

Thanks for replying!

I do have a notarized letter and plan on applying for her US passport as soon as I get back to the states, I was just worried if US Customs would give me a hard time for being out of the country for more than 6 months..

[NikLR 13,232]

I'm not sure you can just apply for her passport without the CRBA.

US customs doesn't care you've been outside of the USA. You're a US citizen. Your daughter, however, at the moment is not.

4. Parental Consent

Minors under age 16 cannot apply for a passport by themselves.

Both parents/guardians must appear in person with the minor and provide consent, authorizing passport issuance to the minor. If one parent/guardian is unable to appear in person, then the DS-11 application must be accompanied by a signed, notarized Form DS-3053: Statement of Consent from the non-applying parent/guardian.

If the minor only has one parent/guardian, evidence of sole authority to apply for the minor must be submitted with the application in the form of a:

• U.S. or foreign birth certificate, Consular Report of Birth Abroad, or adoption decree, listing only the applying parent
• Court order granting sole legal custody to the applying parent(unless child’s travel is restricted by that order)
• Court order specifically permitting applying parent’s travel with the child
• Judicial declaration of incompetence of the non-applying parent
• Death certificate of the non-applying parent

http://travel.state.gov/content/passports/english/passports/under-16.html#consent

[Mark88 184]

YOU won't have a hard time entering the US, since you are a US citizen. But your daughter is (probaly) a USC, too. Because of this, she/you would break US law by entering the US. You might get problems, when applying for a US passport inside the US.

I am an American citizen, but also have a foreign passport. Can I use my foreign passport to travel to the United States? No. Under U.S. law, U.S. citizens must be in possession of a valid U.S. passport to enter or leave the United States. This is true even if you hold a passport from another country. If your U.S. passport has been lost or stolen, or if it has expired, you must apply to replace it before traveling to the United States.

http://london.usembassy.gov/cons_new/faqs/faq_citizenship.html

There is however a better reason for applying for a CRBA: The consulate/embassy will issue a FS-240 for your child. This will serve as a defacto US birth certificate and will save a lot of hassle for her further life. If you have the chance, get a CRBA.

[NikLR 13,232]

The daughter will be a USC, but isn't one currently.

[Mark88 184]

The daughter will be a USC, but isn't one currently.

Not true, the child is a USC.

You can be a citizen of a country, even when you don't hold a passport.

[Harpa Timsah 13,258]

Not true, the child is a USC.

You can be a citizen of a country, even when you don't hold a passport.

This is correct.

The daughter is currently a USC. She needs to get her passport before going to the US.

[NikLR 13,232]

Not true, the child is a USC.

You can be a citizen of a country, even when you don't hold a passport.

I know the child is a USC or will be once everything is registered. (I say will be because there are children abroad that obtain citizenship once they arrive in the USA but don't get it just because they're born abroad and their parents have to petition them.)

However it works, and I'm certainly no expert on the subject by any means and don't claim to be, there are regulations on HOW the passport can be obtained as I posted directly from the travel.gov website. The father needs to fill out that form if he will not be present to obtaining the passport and if he is on the foreign birth certificate.

[Mark88 184]

I know the child is a USC or will be once everything is registered. (I say will be because there are children abroad that obtain citizenship once they arrive in the USA but don't get it just because they're born abroad and their parents have to petition them.)

However it works, and I'm certainly no expert on the subject by any means and don't claim to be, there are regulations on HOW the passport can be obtained as I posted directly from the travel.gov website. The father needs to fill out that form if he will not be present to obtaining the passport and if he is on the foreign birth certificate.

The question was concerning this case. NOT doing a CRBA in the foreign country can have a lot of disadvantages (starting with not having a FS-240 and problems applying for a passport inside the US). Every child born aborad to a USC has a claim to ciitzenship. If this citizenship claim is granted depends on the pyhsical presence and providng proof to DOS.

[NikLR 13,232]

Claim to citizenship and having citizenship, according to your definition, are two different things. As I also stated?

I stand by what is stated by the travel.gov website as per what is required to obtain a child's US passport. I originally suggested a CRBA...

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OP, have a wonderful life.

[Boiler 46,144]

The Child is quite possibly a USC, the OP does not give enough details to be absolutely certain.

Assuming the child is a USC it will need a US Passport to enter the US.