Giving Birth in USA/Living in USA while in CR1 process?

[Mike E 11,739]

3 hours ago, mugatu300 said:

So I re-read the posts in that thread regarding this. One post says baby has to wait for certificate of citizenship to enter Canada which takes 18 months

How does a baby not born in Canada get a Canadian certificate of citizenship when neither parent was born or naturalized in Canada prior to birth?

 

3 hours ago, mugatu300 said:

How soon can baby come to US after birth?

By air, after the child has a U.S. passport. Generally one gets a CRBA first, but not always. The consulate might produce an emergency passport.
 

By land, once a Canadian long form birth certificate is in hand, immediately, since U.S. citizens have an absolute right to enter the U.S. it will be a several hours in secondary.

[powerpuff 6,680]

1 minute ago, Mike E said:

How does a baby not born in Canada get a Canadian certificate of citizenship when neither parent was born or naturalized in Canada prior to birth?

🎯

[mugatu300 8]

43 minutes ago, Mike E said:

How does a baby not born in Canada get a Canadian certificate of citizenship when neither parent was born or naturalized in Canada prior to birth?

 

By air, after the child has a U.S. passport. Generally one gets a CRBA first, but not always. The consulate might produce an emergency passport.
 

By land, once a Canadian long form birth certificate is in hand, immediately, since U.S. citizens have an absolute right to enter the U.S. it will be a several hours in secondary.

 

41 minutes ago, powerpuff said:

🎯

 

Sorry, trying to look at too many posts and confusing myself. So for clarification for the two scenarios:

 

(A) If baby is born in USA, how does it get back into Canada? What kind of documentation would it need and how long would that take?

 

(B) If baby is born in Canada (and we would be crossing by land), I do not have to wait the several weeks for CRBA to allow it to enter USA? All I need is a Canadian birth certificate?  

[powerpuff 6,680]

27 minutes ago, mugatu300 said:

A) If baby is born in USA, how does it get back into Canada? What kind of documentation would it need and how long would that take?

Baby would be entering as a tourist. This was already answered in the previous thread.

 

28 minutes ago, mugatu300 said:

B) If baby is born in Canada (and we would be crossing by land), I do not have to wait the several weeks for CRBA to allow it to enter USA? All I need is a Canadian birth certificate?  

As @Mike E said, you will be in secondary inspection for several hours for them to verify the child is a USC.

[Lemonslice 4,831]

1 hour ago, Mike E said:

How does a baby not born in Canada get a Canadian certificate of citizenship when neither parent was born or naturalized in Canada prior to birth?

 

By air, after the child has a U.S. passport. Generally one gets a CRBA first, but not always. The consulate might produce an emergency passport.
 

By land, once a Canadian long form birth certificate is in hand, immediately, since U.S. citizens have an absolute right to enter the U.S. it will be a several hours in secondary.

 

 

"U.S. and Canadian citizen children under the age of 16 (or under 19, if traveling with a school, religious group, or other youth group) need only present a birth certificate or other proof of citizenship. The birth certificate can be original, photocopy, or certified copy."

 

It won't be long at the border as a Canadian citizen baby. 

 

OP might want to fill and print this:

 

https://travel.gc.ca/travelling/children/consent-letter

...

 

Canadian college access is also a nice benefit that can be worth $$$

 

[Lemonslice 4,831]

10 minutes ago, Lemonslice said:

 

 

"U.S. and Canadian citizen children under the age of 16 (or under 19, if traveling with a school, religious group, or other youth group) need only present a birth certificate or other proof of citizenship. The birth certificate can be original, photocopy, or certified copy."

 

It won't be long at the border as a Canadian citizen baby. 

 

OP might want to fill and print this:

 

https://travel.gc.ca/travelling/children/consent-letter

...

 

Canadian college access is also a nice benefit that can be worth $$$

 

Sorry source for first quote

 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

[mugatu300 8]

12 minutes ago, Lemonslice said:

Sorry source for first quote

 

https://www.cbp.gov/travel/us-citizens/western-hemisphere-travel-initiative

54 minutes ago, powerpuff said:

Baby would be entering as a tourist. This was already answered in the previous thread.

 

As @Mike E said, you will be in secondary inspection for several hours for them to verify the child is a USC.

 

 

Great @Lemonslicethanks so much! So it looks like all that is needed for entry in to the USA if baby born in Canada is the Canadian birth certificate. That's great news!

 

Now I still cannot figure out what is required for entry into Canada. If born in USA and thus US citizen, is US birth certificate satisfactory for tourist entry into Canada? Just worry about if we have baby here and mom has to return to Canada, how do I take baby across to visit her?

[Lemonslice 4,831]

14 minutes ago, mugatu300 said:

 

 

Great @Lemonslicethanks so much! So it looks like all that is needed for entry in to the USA if baby born in Canada is the Canadian birth certificate. That's great news!

 

Now I still cannot figure out what is required for entry into Canada. If born in USA and thus US citizen, is US birth certificate satisfactory for tourist entry into Canada? Just worry about if we have baby here and mom has to return to Canada, how do I take baby across to visit her?

"

Acceptable documents to denote identity and citizenship

Upon arrival at a Canadian port of entry, travellers must satisfy a CBSA border services officer (BSO) that they meet the requirements for entry into Canada. For Canadian citizens, permanent residents and persons registered under the Indian Act, this can be done through questioning and through verifying documentation such as a:

• Canadian passport
• Canadian birth certificate [...]"

https://www.cbsa-asfc.gc.ca/travel-voyage/td-dv-eng.html

 

Of note, commercial carriers (bus companies, airlines, etc. might ask for more.

 

 

 

[powerpuff 6,680]

6 minutes ago, Lemonslice said:

"

Acceptable documents to denote identity and citizenship

Upon arrival at a Canadian port of entry, travellers must satisfy a CBSA border services officer (BSO) that they meet the requirements for entry into Canada. For Canadian citizens, permanent residents and persons registered under the Indian Act, this can be done through questioning and through verifying documentation such as a:

• Canadian passport
• Canadian birth certificate [...]"

https://www.cbsa-asfc.gc.ca/travel-voyage/td-dv-eng.html

 

Of note, commercial carriers (bus companies, airlines, etc. might ask for more.

 

 

 

But the baby would not be a Canadian citizen if born in the US. The mother is a Canadian permanent resident. She would need to sponsor the child to be able to have the child admitted into Canada as a PR.

 

28 minutes ago, mugatu300 said:

Now I still cannot figure out what is required for entry into Canada. If born in USA and thus US citizen, is US birth certificate satisfactory for tourist entry into Canada? Just worry about if we have baby here and mom has to return to Canada, how do I take baby across to visit her?

“Entry into Canada: Canadian law requires that all persons entering Canada carry proof of citizenship and identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens.

Children under 16 only need proof of U.S. citizenship.

 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Canada.html#:~:text=A valid U.S. passport%2C passport,need proof of U.S. citizenship.
 

[mugatu300 8]

10 minutes ago, powerpuff said:

But the baby would not be a Canadian citizen if born in the US. The mother is a Canadian permanent resident. She would need to sponsor the child to be able to have the child admitted into Canada as a PR.

 

“Entry into Canada: Canadian law requires that all persons entering Canada carry proof of citizenship and identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens.

Children under 16 only need proof of U.S. citizenship.

 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Canada.html#:~:text=A valid U.S. passport%2C passport,need proof of U.S. citizenship.
 

Beautiful. So birth certificate is sufficient for both thats great news! 

 

Canadian birth certificate will allow entry into US and US birth certificate will allow entry into Canada. 

[Lemonslice 4,831]

12 minutes ago, powerpuff said:

But the baby would not be a Canadian citizen if born in the US. The mother is a Canadian permanent resident. She would need to sponsor the child to be able to have the child admitted into Canada as a PR.

 

“Entry into Canada: Canadian law requires that all persons entering Canada carry proof of citizenship and identity. A valid U.S. passport, passport card, or NEXUS card satisfies these requirements for U.S. citizens.

Children under 16 only need proof of U.S. citizenship.

 

https://travel.state.gov/content/travel/en/international-travel/International-Travel-Country-Information-Pages/Canada.html#:~:text=A valid U.S. passport%2C passport,need proof of U.S. citizenship.
 

Misread. The child will be a Canadian citizen and can travel as such if born in Canada.  If born in the US, child can travel as a US citizen.

 

Personally, I see many benefits to being born in Canada, but that's up to them. 

Edited July 4, 2023 by Lemonslice

[Lemonslice 4,831]

11 minutes ago, mugatu300 said:

Beautiful. So birth certificate is sufficient for both thats great news! 

 

Canadian birth certificate will allow entry into US and US birth certificate will allow entry into Canada. 

US birth certificate, or Canadian birth certificate, will allow the child to travel back and forth by land. 

[powerpuff 6,680]

2 hours ago, Lemonslice said:

Personally, I see many benefits to being born in Canada, but that's up to them. 

Agreed

[Bethany123 56]

She cannot live in the US. She can visit as much as she wants with proper documents and she needs to prove she's not trying to stay. It would be unwise to give birth in the US since she has no way of knowing when her CR1 will be approved. I doubt she'd even be allowed in the closer she gets to her due date. 

[mugatu300 8]

16 minutes ago, Bethany123 said:

She cannot live in the US. She can visit as much as she wants with proper documents and she needs to prove she's not trying to stay. It would be unwise to give birth in the US since she has no way of knowing when her CR1 will be approved. I doubt she'd even be allowed in the closer she gets to her due date. 

Yeah best case scenario there would be a way for her to live her while CR1 is processing but I now know thats not possible; at least with her current B1/B2. I've read that the K3 was created just for this purpose but the wait times for those are just as long as CR1 so they are pretty much obsolete nowadays. I'm guessing the only way she could live here during CR1 was if she had a student or work visa but she doesn't have those.

 

I also didnt realize prior to this thread how important it is to demonstrate ties to home country/intention to return. Do people really try to overstay on a B1/B2 and then try to do adjustment of status to get green card? Is that what the border guards are fearful of/trying to prevent? And thats definitely something we shouldn't consider doing right lol (definitely illegal lol)?