Passport in lieu of CRBA

[tarajeff73 0]

Hello everyone

Here is my situation. I am an American born citizen, I lived in the US w/o ever leaving the country from birth to 29 years. In 2001 I met my Canadian husband and we were married in May of 2002 (one month after entering Canada). Prior to 2002 we were not required to have passports just a Photo ID. A few months after (September 2002) I had to return to the states as my son (born American) needed a study permit to go to school in Canada. We returned in December of 2002. In February(2003) I became pregnant with my daughter and she was born in October(2003). During this time I had submitted an application for PR wich in the end never became completed. I divorced my husband in 2006, and then returned to the US in 2010.

When I left Canada Sole custody was awarded to my ex husband for our daughter, and I would visit her when I could afford the trip.
So just 2 1/2 weeks ago, I get an emergency call from Calgary Social services stating that our daughter has been removed from his custody and that I needed to step in and take custody of her. She is now 12 years old. As her father would be in Rehab for a minimum of 6 months. As this went down, my ex feels he no longer can parent our daughter and signed papers giving me Sole legal custody, including permission to travel and obtaining her US passport should she need it.
So I set up an appointment with the US consulate where my ex and my daughter currently reside. Me and my Ex Husband with be present at this appointment to sign papers and provide my proof of presence in the US to see if she qualifies for a CRBA. As I was reading the Consulate website I came across this statement.

Note: It is not necessary to obtain a CRBA. If it is more convenient, you may apply for a passport in lieu of a CRBA. In Canada, please consult the Apply for a Passport section of this website. In the United States, you may apply at any passport acceptance agency. Consult the State Department website to find the passport acceptance agency closest to you.)

The Passport application states something very similar to that statement on their application,

“APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Report of Birth Abroad, or evidence described below:

For my daughter it would be,

“If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.”

Now at this point my Ex husband has already obtained a Canadian passport and has visited the US a few times to visit my father in New Hampshire along with our daughter. The consulate states that a passport and social security # should be applied for as well as the CRBA is not a travel document.

Is it possible to just get her passport mailed to me in the US have her enter the US with her Canadian Passport and get her social security # from within the US, So that she may enter the US with me when I return home 4 days after our appointment?

Edited July 21, 2016 by tarajeff73

[aaron2020 11,651]

No. As a US citizen, she must enter the US as a US citizen. She is not allowed to enter as a visitor as a US citizen.

Get the US passport at that same time you apply for the CRBA.

[Penguin_ie 5,995]

You must do CRBA, as the last of the things you quote says.

US passports often take a few weeks to get however, and this is a special situation- you may be able to get either an emergency passport for her, or a transportation letter on the basis of an approved CRBA, and then get a US passport later inside the USA. I would call the embassy and ask, considering your emergency situation

[tarajeff73 0]

ok, well if she has to wait then we wait, I don't do anything illegal.

Due to the nature of this emergency I really don't have any documents W2 forms or transcripts to submit to the consulate. I mean I have photos of my American son and only a photo copy of his birth certificate.

The only thing I have that really proves my stay in the US prior to my daughter is my high school diploma "1991", my diploma from graduating cosmetology school in "98" (with Photos)

I only have two passports, One that is old issued in 2002, but this is because it was my very first passport ever and my current renewed passport. Anybody know if the stamps in the passport will help? The only downside is that, Prior to Sept 11th, you could enter Canada with just a American photo ID and I did visit Canada 3x times before w/o a passport. How ever the last time I entered Canada I had my passport and an actual Visitor's visa was issued to me at the POE and a stamp was placed on my (at the time) newly issued passport.

I do not have any utility bills from before 2002, no W2's ...... any letters and such. Oddly enough my ex has a box full of stuff of pictures and stuff.and I asked him to go through it.

Do you think the fact my first passport was issued in 2002 will help my cause? If not, what other things might I have or other people brought in that served as "supporting" documents or proved presence?

So weird all of my biological family lives in the US all of us were born here 4 maybe 5 generations of born Americans and I never thought I would have to prove my stay here. lol

Edited July 22, 2016 by tarajeff73

[aaron2020 11,651]

ok, well if she has to wait then we wait, I don't do anything illegal.

Due to the nature of this emergency I really don't have any documents W2 forms or transcripts to submit to the consulate. I mean I have photos of my American son and only a photo copy of his birth certificate.

The only thing I have that really proves my stay in the US prior to my daughter is my high school diploma "1991", my diploma from graduating cosmetology school in "98" (with Photos)

I only have two passports, One that is old issued in 2002, but this is because it was my very first passport ever and my current renewed passport. Anybody know if the stamps in the passport will help? The only downside is that, Prior to Sept 11th, you could enter Canada with just a American photo ID and I did visit Canada 3x times before w/o a passport. How ever the last time I entered Canada I had my passport and an actual Visitor's visa was issued to me at the POE and a stamp was placed on my (at the time) newly issued passport.

I do not have any utility bills from before 2002, no W2's ...... any letters and such. Oddly enough my ex has a box full of stuff of pictures and stuff.and I asked him to go through it.

Do you think the fact my first passport was issued in 2002 will help my cause? No, your children who do not live in the US can get US passports. A passport does not prove that you lived in the US for 5 years before your children were born. If not, what other things might I have or other people brought in that served as "supporting" documents or proved presence? Your high school transcript would prove you lived and attended school in the US. Contact your high school and order a copy of your transcript.

So weird all of my biological family lives in the US all of us were born here 4 maybe 5 generations of born Americans and I never thought I would have to prove my stay here. lol

Edited July 22, 2016 by aaron2020