Passport for a child after the naturalization of the mother without the consent of the other parent

[Tigrusik2006 1]

Good day to everyone

I have a question that I couldn't find an answer to anywhere. And I really appreciate if someone from the community can help with advice or opinion.

This year I got naturalization and applied for passports for me and my child (11 years old).

She was born in Ukraine and is a citizen of this country and always lives with me. Her biological father, whose whereabouts I have not known for many years, therefore cannot sign his consent to a passport. He is a citizen of another country and has never been to the States.

I filled out form ds-5525 and a cover letter explaining the details.

After 3 months, I received a response from the passport agency that I should send documents such as:

Court order specifically permitting the applying parent/guardian to apply for the child's U. S. passport; or

Court order granting sole legal custody to the applying parent/guardian ;or

A court order authorizing the minor to travel outside the US with the applying parent. 

But this is not logical, because, being a citizen of another state, my daughter can leave the States without any permission on her Ukrainian passport.

What could be the solution? Submit form ds-5525 again with explanation? Submit a request to the court for permission to issue a passport ( where to start, where to go? How is this possible if all the documents - birth certificate, divorce, etc. are in the passport agency? )?

  You can wait until she turns 16 and apply without the permission of the other parent. But my husband is active duty in our army and we may soon leave for another country in his service. And I'm worried that then my daughter will have a problem returning to the states, because, being a permanent resident, you can be absent from the country for no more than 6 months.

Thank you in advance

Edited July 21, 2023 by Tigrusik2006

[Mike E 11,741]

Do you have any documents granting you full custody of your daughter?

[Tigrusik2006 1]

I have a court decision of divorce and a statement from my ex-husband, confirmed by a notary, that I take full care of my daughter, and he does not take any part in her upbringing and maintenance. But this has not been approved by the court. I sent these documents to the passport agency. 

[Mike E 11,741]

2 minutes ago, Tigrusik2006 said:

I have a court decision of divorce and a statement from my ex-husband, confirmed by a notary, that I take full care of my daughter, and he does not take any part in her upbringing and maintenance. But this has not been approved by the court. I sent these documents to the passport agency. 

These are apparently not considered valid full custody grants by the passport agency. So your options are to:

* find your ex and get his approval for her passport

 

* get a court to grant you full custody 

 

* speculative: get a federal court to order DoS to waive the father’s permission. I think DoS will fight this on grounds that it sets a potentially bad precedent.

[Boiler 45,731]

Some Countries acknowledge Dual Citizenship, US does not. You are applying for a US passport so must follow their rules.

[milimelo 4,508]

4 hours ago, Tigrusik2006 said:

But my husband is active duty in our army and we may soon leave for another country in his service. And I'm worried that then my daughter will have a problem returning to the states, because, being a permanent resident, you can be absent from the country for no more than 6 months.

As long as child is on the military orders staying outside for more than 6 months as an LPR is NOT a problem. 

[Mike E 11,741]

Also, if you cannot prove even partial legal custody, you cannot prove she is a U.S. citizen.

[JeanneAdil 6,581]

14 hours ago, Boiler said:

Some Countries acknowledge Dual Citizenship, US does not. You are applying for a US passport so must follow their rules.

it does from DOS site

 

https://travel.state.gov/content/dam/childabduction/dual_nationality.pdf

 

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another.

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

Edited July 22, 2023 by JeanneAdil

[African Zealot 1,455]

It’s not about whether it’s logical or not. It’s about the law and procedure. Many laws seem illogical to us at one time or another however it is what it is.
 

Follow the law to the letter.

[Sterai79 25]

19 hours ago, Tigrusik2006 said:

Good day to everyone

I have a question that I couldn't find an answer to anywhere. And I really appreciate if someone from the community can help with advice or opinion.

This year I got naturalization and applied for passports for me and my child (11 years old).

She was born in Ukraine and is a citizen of this country and always lives with me. Her biological father, whose whereabouts I have not known for many years, therefore cannot sign his consent to a passport. He is a citizen of another country and has never been to the States.

I filled out form ds-5525 and a cover letter explaining the details.

After 3 months, I received a response from the passport agency that I should send documents such as:

Court order specifically permitting the applying parent/guardian to apply for the child's U. S. passport; or

Court order granting sole legal custody to the applying parent/guardian ;or

A court order authorizing the minor to travel outside the US with the applying parent. 

But this is not logical, because, being a citizen of another state, my daughter can leave the States without any permission on her Ukrainian passport.

What could be the solution? Submit form ds-5525 again with explanation? Submit a request to the court for permission to issue a passport ( where to start, where to go? How is this possible if all the documents - birth certificate, divorce, etc. are in the passport agency? )?

  You can wait until she turns 16 and apply without the permission of the other parent. But my husband is active duty in our army and we may soon leave for another country in his service. And I'm worried that then my daughter will have a problem returning to the states, because, being a permanent resident, you can be absent from the country for no more than 6 months.

Thank you in advance

What are the supporting documents you represented for her application.

This write up is an insight for me..

Can you list the documents..please

 

[Chancy 6,242]

*** Moved from US Citizenship General Discussion to Passports sub-forum -- original topic is about passport application, although OP's child's eligibility is in question due to lack of parental custody evidence ***