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Check on the status of my passport?

Do they check parent's immigration status when processing a minors passport?

  • I came to the usa on a visitor's visa, and was married and applied for a green card, due to some processing mistakes it never went through. I have a valid US driver's license and will be applying for a passport for my US born child. I am moving back to canada, and he is moving with me. His father is ok with it, and is in fact encouraging it. His father is us born. I am curious if they will find out that I overstayed my visa and then not issue my son's passport. I am not looking to get fussed at for overstaying, I am leaving the country soon, I just wanted to make sure that I wouldn't have a problem getting my son's passport

  • Answer:

    Both parents have to apply in person for their child's passport, and both must have govt issued photo ID in addition to baby's birth certificate, passport photos, etc. You presumably have your Canadian passport as well as your drivers license. Your overstay should not enter into the equation on obtaining US passport for US-born child. Your child has a right to Canadian citizenship as the child of a Canadian citizen. You also need to go to the Canadian consulate, if you did not do this as soon as baby was born, and get baby a Canadian passport (not just a citizenship card). There are advantages to traveling on Canadian passport, plus, if you wanted to go anywhere, your child should travel on the same passport as its parent. Enter & exit Canada on the Canadian passport. US citizens must enter & exit US only on US passport. Keep BOTH of your child's passports in a safe place, and always keep them up to date. Remember your child is subject to US tax laws, and you will be responsible for filing for your child as needed. The US taxes all income from all sources worldwide, regardless where the US person lives. Even children can end up with income - from investments, for example, and teens often work & earn money, criminy, there are even child models & such! So even very young children can get caught in US tax net, and you have to watch out for this.

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No. Whether or not you were in the country illegally, your son has a US birth certificate and is therefore a US citizen. He has a right to a passport even if you are a criminal. They do not do full background checks on everyone. They will merely verify his birth certificate. The passport office is not the INS. You can have his father submit the application if you wish. Of course I am not sure why you are applying for a US passport for your son. You need to ensure that he has a Canadian citizenship card -- which you should have gotten when he was born or at least apply for one now at the Canadian embassy. Without it, he is not a Canadian citizen and can not remain in Canada (legally) for more than 180 days, enroll in a school, obtain a SIN (i.e. work), get a drivers license, nor would he be covered by provincial health insurance. I seriously recommend you read CICs web site before taking him to Canada. Once you have a citizenship card for him, you might as well either apply for a Canadian passport for him -- or just drive across the border as children under 16 only need proof of citizenship to cross via a ground or sea crossing. Finally, you do realize that upon leaving the United States, you will probably never come back. Your passport has long been flagged for a visa overstay and upon crossing again, US border services will see it and the denied green card application and know that you were in the country illegally. This might be a good time to contact an immigration lawyer.

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