CRBA vs Passport confusion

[Msin 0]

I’m Canadian, married to a US citizen. He is currently in the us living and working while our daughter and I are in Canada during covid. I do not have status in the states, we were waiting for our second anniversary and it’s a long story of our journey but now I would like to return and apply for a change of status and file as 2 years married. To do so right now, my daughter needs her passport as proof of citizenship so we can return. 
 

we are confused by the crba website that states: it is not necessary to obtain a CRBA , you may apply for a passport in lieu of a CRBA. 
 

will attach screenshot. 
 

then when we look at passports for minors, there is mention of needing proof of citizenship via CRBA.. anyone know how this actually works? 
 

help very much appreciated. 

[Just Paul 4,595]

2 minutes ago, Msin said:

then when we look at passports for minors, there is mention of needing proof of citizenship via CRBA.. anyone know how this actually works? 

You need to obtain the US Passport for you child prior to their entry to the US.   The CRBA acts as their proof of citizenship. 

 

3 minutes ago, Msin said:

I would like to return and apply for a change of status and file as 2 years married

Entering the US with the intent to adjust is Immigration fraud.  Enter on a spousal Visa.

[Msin 0]

26 minutes ago, Paul & Mary said:

You need to obtain the US Passport for you child prior to their entry to the US.   The CRBA acts as their proof of citizenship. 

 

Entering the US with the intent to adjust is Immigration fraud.  Enter on a spousal Visa.

Right, what my question is:

why does the CRBA  Site say that the CRBA is not required and a passport can be applied for in lieu?

 

my daughter has a Canadian passport and we have spent time in the states. she could apply from within the states as well but it’s the CRBA that needs to be attained at a consulate. 

Edited May 10, 2020 by Msin

[Liam2021 587]

31 minutes ago, Msin said:

Right, what my question is:

why does the CRBA  Site say that the CRBA is not required and a passport can be applied for in lieu?

 

my daughter has a Canadian passport and we have spent time in the states. she could apply from within the states as well but it’s the CRBA that needs to be attained at a consulate. 

The information on their website sometime not accurate. Apply for US passport need proof of citizenship, and CRBA is the proof.

[Lance27 19]

US citizens need to enter the country on a US passport. 

[HRQX 4,145]

34 minutes ago, Lance27 said:

US citizens need to enter the country on a US passport. 

Read 8 USC § 1185(b). The President* allows exceptions to the passport requirement; i.e. CRBA, NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

*via DHS, a cabinet department

 

Furthermore, INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

An example: Maximiliano left and entered the US without ID https://youtu.be/1FB1FTXwGLw?t=2237

Edited May 10, 2020 by HRQX

[SusieQQQ 11,587]

1 hour ago, Msin said:

we are confused by the crba website that states: it is not necessary to obtain a CRBA , you may apply for a passport in lieu of a CRBA. 
 

will attach screenshot. 
 

then when we look at passports for minors, there is mention of needing proof of citizenship via CRBA.. anyone know how this actually works? 

If you follow those links to what you need, it ends up yes you can do it without CRBA, but you need other proof of citizenship instead, and for that you may as well end up applying for the CRBA which is the same or less work in showing proof.

[HRQX 4,145]

14 minutes ago, HRQX said:

*via DHS, a cabinet department

Another source: https://www.uscis.gov/us-citizenship/us-citizens-traveling-internationally

Quote

If you are traveling to or from a country where a U.S. passport is not required, you’ll usually need two documents:

• A document to prove your identity, such as a valid U.S. driver’s license, military ID, or a valid government-issued photo ID; and
• A document to prove your citizenship, such as a notarized copy of your birth certificate issued by a U.S. state.

 

[SusieQQQ 11,587]

37 minutes ago, HRQX said:

Read 8 USC § 1185(b). The President* allows exceptions to the passport requirement; i.e. CRBA, NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

*via DHS, a cabinet department

 

Furthermore, INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

An example: Maximiliano left and entered the US without ID https://youtu.be/1FB1FTXwGLw?t=2237

 

21 minutes ago, HRQX said:

Another source: https://www.uscis.gov/us-citizenship/us-citizens-traveling-internationally

 

OP’s toddler unlikely to have any of those.

[HRQX 4,145]

19 minutes ago, SusieQQQ said:

OP’s toddler unlikely to have any of those.

"i.e. CRBA" in my post (the post replying to Lance's passport requirement post); that's why it's a good idea to also get the CRBA. Also USC children have been allowed with less at CBP Officer's discretion; thus why the last source I shared said "usually."

Edited May 10, 2020 by HRQX

[SusieQQQ 11,587]

9 minutes ago, HRQX said:

"i.e. CRBA" in my post (the post replying to Lance's passport requirement post); that's why it's a good idea to also get the CRBA. Also USC children have been allowed with less at CBP Officer's discretion; thus why the last source I shared said "usually."

I’d think the issue re discretion is the Canadian-born child would be accompanying a non USC mother with zero indication of why she should be considered a USC, hard to see discretion being applied favorably there? Anyway seems everyone here is in agreement they should get CRBA.

Edited May 10, 2020 by SusieQQQ

[SusieQQQ 11,587]

2 hours ago, Msin said:

 

 

my daughter has a Canadian passport and we have spent time in the states. she could apply from within the states as well but it’s the CRBA that needs to be attained at a consulate. 

You’d still need to show acceptable proof of her USC citizenship if she applies from within the US. Basically, the same kind of proof you need for CRBA.

 

imo you made an error previously taking into the US as a Canadian, should have applied for CRBA/us passport before. Did you tell CBP at entry she had claim to being born USC?

[Lance27 19]

4 hours ago, HRQX said:

Read 8 USC § 1185(b). The President* allows exceptions to the passport requirement; i.e. CRBA, NEXUS card, Naturalization Certificate, US Birth Certificate, Enhanced Drivers License, etc.

*via DHS, a cabinet department

 

Furthermore, INA § 215(b) no longer has an associated penalty: http://isaacbrocksociety.ca/2013/05/01/the-history-of-the-requirement-that-u-s-citizens-only-use-u-s-passports-to-enter-the-u-s/ "The punishment for violating the law?"

 

An example: Maximiliano left and entered the US without ID https://youtu.be/1FB1FTXwGLw?t=2237

I don't see Canadian passport on any of those links.

 

Just to clarify, a USC should be entering the US as a US citizen.

Edited May 11, 2020 by Lance27

[HRQX 4,145]

21 minutes ago, Lance27 said:

I don't see Canadian passport on any of those links.

 

Just to clarify, a USC should be entering the US as a US citizen.

I clarified above. I meant using CRBA for land entry is allowed. Thus "why it's a good idea to also get the CRBA."

[Just Paul 4,595]

6 hours ago, Msin said:

why does the CRBA  Site say that the CRBA is not required and a passport can be applied for in lieu?

Because in certain circumstances you can get a passport without a CRBA.   We recently had an example here where the child entered on British Passport and the spouse was a USC.

 

Your best plan is to get CRBA and Passport and Canadian Passport for the child.