Do my kids need US passports?

[little immigrant 801]

Ask for expedited passports. It will cost more. 

 

It was obviously planned badly because you knew you were going to leave for the States. Let it be a lesson for the future. Good luck. 

[NikLR 13,231]

Also if you're travelling alome with them have travel/immigration consent letters.  

[geowrian 22,338]

You are required to enter the US using evidence of your US citizenship as a USC. For a flight, a US passport would be the one to go by. They simply didn't notice the mistake in the past.

 

I provided a link from the DOS above directly stating this. Below are several other official references:

 

Spoiler

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1185&num=0&edition=prelim

8 USC 1185(b):

"(b) Citizens

Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid United States passport."

 

https://uk.usembassy.gov/u-s-citizen-services/u-s-passports/u-s-passport-faqs/u-s-citizenship/

Q: I am a U.S. citizen, but also have a foreign passport. Can I travel to the United States on the foreign passport?

A: No. U.S. citizens must enter and leave the United States on valid U.S. passports, even if they 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.

 

https://help.cbp.gov/app/answers/detail/a_id/1094/kw/traveling with dual citizenship

"U.S. Citizens are not required to have an ESTA and are required to use their U.S. passport to travel to the U.S."

NOTE: This is a page for ESTA travelers, not Canadians, but the the same rule applies.

 

https://help.cbp.gov/app/answers/detail/a_id/3618/kw/travel

"If you are traveling in the Western Hemisphere( Canada, Mexico, Caribbean, Central and South America):

Air Travel: All U.S. citizens departing from or entering the United States from within the Western Hemisphere by air are required to present a valid passport or a NEXUS card (if utilizing a NEXUS kiosk when departing from a designated Canadian airport). Merchant Mariner Document (for U.S. citizens on official maritime business.) U.S. Military identification card when traveling on official orders: Children are also required to present their own passport when traveling by air."

 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Canada.html

"Entry into the United States: When traveling by air from Canada, U.S. citizens are required by U.S. law to present a U.S. passport book."

 

That said, they cannot deny entry to a USC, and neither will they deport them once in the US. But that also doesn't necessarily mean there are no consequences. What it really comes down to is if there is a misrepresentation as to what status they are applying for entry into the US at POE (visitor as a Canadian or entry as a USC). As the mother, you would be the one actually making the misrepresentation, and that's where there's the biggest issue as a non-USC.

 

In all likelihood, there would not be any issue. At the same time,  this isn't something I would ever suggest testing...go for the passports before they enter to comply with the law and policies in place.

[acidrain 325]

8 hours ago, TS_123 said:

I just called US Customs and they said if I'm travelling by air, then they must use US passports...I don't see how this make sense because they have traveled to the US before as Dual Citizens by air before with no issues....not sure what to do?

My spouse who is a dual citizen faced this issue when he started living in the United States. He got hassled at the border and told if he was going to start living in the US he had to get a US passport. They just changed this rule in the fall of 2016. So if you are dual you swipe the passport of each country you are entering (e.g. if you enter the US use your US passport, if you enter Canada use your Canadian passport).

 

What will happen if you don't have a passport is your kids will go into secondary where a supervisor will have to give authorization to allow them entry. It's just a formality but expect the lecture about how they are supposed to have US passports. They allowed my spouse 3 times entry without a US passport and I told him you better get one before you run out of luck. There was honestly no issue with him entering the US, after all he was a citizen. All the Supervisors were actually pretty friendly but it did delay his trip. One time he forgot his birth certificate and almost got turned around. Don't make the same mistake of not showing proof of citizenship. They will need proof of citizenship.

[Ontarkie 14,378]

1 hour ago, acidrain said:

My spouse who is a dual citizen faced this issue when he started living in the United States. He got hassled at the border and told if he was going to start living in the US he had to get a US passport. They just changed this rule in the fall of 2016. So if you are dual you swipe the passport of each country you are entering (e.g. if you enter the US use your US passport, if you enter Canada use your Canadian passport).

 

What will happen if you don't have a passport is your kids will go into secondary where a supervisor will have to give authorization to allow them entry. It's just a formality but expect the lecture about how they are supposed to have US passports. They allowed my spouse 3 times entry without a US passport and I told him you better get one before you run out of luck. There was honestly no issue with him entering the US, after all he was a citizen. All the Supervisors were actually pretty friendly but it did delay his trip. One time he forgot his birth certificate and almost got turned around. Don't make the same mistake of not showing proof of citizenship. They will need proof of citizenship.

Can you post that link that says you must enter Canada with a Canadian passport. Nothing I've found says this?

 

Found it and does not apply to dual Canadian/USC this is not new started last year. I thought something new happened. 

https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

 

Exception: If you are an American-Canadian dual citizen with a valid U.S. passport, you don’t need a Canadian passport to fly to Canada. However, you will still need to carry proper identification and meet the basic requirements to enter Canada.

Edited December 15, 2017 by Ontarkie

[acidrain 325]

3 minutes ago, Ontarkie said:

Can you post that link that says you must enter Canada with a Canadian passport. Nothing I've found says this?

This is the link to the Government of Canada page that specifically talks about the changes for dual citizens: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

 

It says you don't need a Canadian passport for US citizens entering Canada. However, my spouse has been asked for it at the POE every time he enters. Perhaps customs officials are confused because the rule applies to all countries except the US?

 

This is an article that talks about the new changes: https://www.thestar.com/news/immigration/2016/08/18/ottawas-new-air-travel-rule-catches-dual-citizens-by-surprise.html

[Ontarkie 14,378]

2 minutes ago, acidrain said:

This is the link to the Government of Canada page that specifically talks about the changes for dual citizens: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/dual-canadian-citizens-visit-canada.html

 

It says you don't need a Canadian passport for US citizens entering Canada. However, my spouse has been asked for it at the POE every time he enters. Perhaps customs officials are confused because the rule applies to all countries except the US?

 

This is an article that talks about the new changes: https://www.thestar.com/news/immigration/2016/08/18/ottawas-new-air-travel-rule-catches-dual-citizens-by-surprise.html

That's the link I found too. We drive across maybe that is why we have never been questioned? 

Ok so nothing new, old article too. I just wanted to make sure nothing more recent.

Edited December 15, 2017 by Ontarkie

[acidrain 325]

Just now, Ontarkie said:

That's the link I found too. We drive across maybe that is why we have never been questioned? 

The rules regarding dual passports are only applicable for air travel. Not sure why they have different rules for air/land.

[TS_123 9]

4 hours ago, acidrain said:

My spouse who is a dual citizen faced this issue when he started living in the United States. He got hassled at the border and told if he was going to start living in the US he had to get a US passport. They just changed this rule in the fall of 2016. So if you are dual you swipe the passport of each country you are entering (e.g. if you enter the US use your US passport, if you enter Canada use your Canadian passport).

 

What will happen if you don't have a passport is your kids will go into secondary where a supervisor will have to give authorization to allow them entry. It's just a formality but expect the lecture about how they are supposed to have US passports. They allowed my spouse 3 times entry without a US passport and I told him you better get one before you run out of luck. There was honestly no issue with him entering the US, after all he was a citizen. All the Supervisors were actually pretty friendly but it did delay his trip. One time he forgot his birth certificate and almost got turned around. Don't make the same mistake of not showing proof of citizenship. They will need proof of citizenship.

I'll find out tomorrow morning if they are able to issue the passports post haste...if not, at least your post is refreshing news.  Being that my children are 2 and 6 will hopefully help in giving them a pass should I not be able to obtain the passports in time, after all..they are US citizens by birth via consular abroad.  They shouldn't be turned away...

[acidrain 325]

13 minutes ago, TS_123 said:

I'll find out tomorrow morning if they are able to issue the passports post haste...if not, at least your post is refreshing news.  Being that my children are 2 and 6 will hopefully help in giving them a pass should I not be able to obtain the passports in time, after all..they are US citizens by birth via consular abroad.  They shouldn't be turned away...

You honestly won't have any problems. I got denied at the border and got into a lengthy discussion with the supervisor. If a person is a US citizen they have to let the person through (unless as someone else pointed out they are misrepresenting themselves). It just takes a supervisor to sign off on it because the first officer doesn't have authority.

 

If it makes you feel any better my son does not hold citizenship and only has a claim to it. My spouse has not lived the 2 years as an adult so we have to go through the IR2 process (green card which activates to citizenship). I have been told repeatedly my son can live in the US based on his citizenship claim. Obviously he has no US passport. However, I was not given the same permission because I am just married to a citizen and have no rights.

 

I get asked every time I cross why my son does not have a US passport. Then I have to explain immigration law. From my experience they shrug the whole thing off.

 

One of the funniest things the guy who denied me entry said was a US citizen can cross naked and there is nothing they can do about it. My spouse has crossed without showing proof of citizenship which was fortunate cause they didn't have to. He has gone through the Supervisor process in Vancouver, Seattle and Las Vegas airport. So all three places let him through with only a Canadian passport. There was just a slight hold up because a Supervisor had to come over and sign off. They just give you the "you know you have to get a passport right"? If you have to report to secondary for the green card activation then it won't be a big deal.

Edited December 15, 2017 by acidrain

[TS_123 9]

30 minutes ago, acidrain said:

You honestly won't have any problems. I got denied at the border and got into a lengthy discussion with the supervisor. If a person is a US citizen they have to let the person through (unless as someone else pointed out they are misrepresenting themselves). It just takes a supervisor to sign off on it because the first officer doesn't have authority.

 

If it makes you feel any better my son does not hold citizenship and only has a claim to it. My spouse has not lived the 2 years as an adult so we have to go through the IR2 process (green card which activates to citizenship). I have been told repeatedly my son can live in the US based on his citizenship claim. Obviously he has no US passport. However, I was not given the same permission because I am just married to a citizen and have no rights.

 

I get asked every time I cross why my son does not have a US passport. Then I have to explain immigration law. From my experience they shrug the whole thing off.

 

One of the funniest things the guy who denied me entry said was a US citizen can cross naked and there is nothing they can do about it. My spouse has crossed without showing proof of citizenship which was fortunate cause they didn't have to. He has gone through the Supervisor process in Vancouver, Seattle and Las Vegas airport. So all three places let him through with only a Canadian passport. There was just a slight hold up because a Supervisor had to come over and sign off. They just give you the "you know you have to get a passport right"? If you have to report to secondary for the green card activation then it won't be a big deal.

Do you think I should even bother with going to get the kids passport then tomorrow morning or should I just wait till I get there in a few weeks and apply then?  Going tomorrow is going to be a real hassle...

[NikLR 13,231]

It's honestly more the airline being jerks I'd worry about. 

[acidrain 325]

8 hours ago, TS_123 said:

Do you think I should even bother with going to get the kids passport then tomorrow morning or should I just wait till I get there in a few weeks and apply then?  Going tomorrow is going to be a real hassle...

At the very least you can apply to show you have done it even if it gets mailed to your new address. That's what my spouse on his third trip in case they caused him grief. If not I don't think you will have any problems.

[TS_123 9]

Thank you all for your insight.

 

Applied for the US passports or my kids and thankfully, they said they should be ready for pick up before I fly out end of month.  Didn't even have to pay the $60*2 expedite fee for both passports as they said there should be enough time to produce the passport.  Whew...thanks again everyone!