Goker

Lets say a new child is born in US for Canadian landed immigrants, while they are
visiting US. What will be the new born's status in Canada. Would there be problems
when the couple return to Canada with the new born? What kind of documents the couple
got to have for new born?

Thanks for the response.

Goker

Andrew Miller

Child will have no status in Canada, you will have to sponsor the kid for Canadian
immigration visa. Child will be the US citizen - you will have to apply for
Minister's Permit for the child when entering Canada in order to be able to submit
child's immigration application from within Canada on the H&C grounds. You will need
to obtain US passport for the child before entering Canada though.

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Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending an email)
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Rich Wales

"Goker" wrote:

> > Let's say a new child is born in the US to Canadian landed immigrants, while
> > they are visiting the US.

Andrew Miller replied:

> The child will have no status in Canada, you will have to sponsor the kid for a
> Canadian immigration visa. The child will be a US citizen . . . .

Depending on the citizenship(s) of the child's parents, he/she may also be -- or have
a right to be -- a citizen of some other country or countries, in addition to the US.

The US citizenship of a US-born child is automatic (no need for any registration in
order to get it) and mandatory (there is no way for the child's parents to decline or
renounce it). The child's claim, if any, to his/her parents' citizenship(s) would
depend on the laws of the country or countries in question.

Although registration of a US-born child is not required in order for the child to be
considered a US citizen under US law, the parents in this particular case would (as
Andrew Miller pointed out) need to get a US passport for their child in order to get
him/her an immigrant visa in accordance with Canadian immigration requirements.

Rich Wales [email protected] http://www.webcom.com/richw/
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

nirupam

The child born in USA is an US citizen and you will have to sponser him/her to become Canadian PR. Once the child is in Canada, you can file PR application for him/her under humnaitarian ground, do not apply for the PR from outside Canada - then the child may not be allowed into Canada until the PR application is approved.

To travel to Canada, he/she does not need a US passport right now - birth certificate is enough - to enter Canada as a visitor. However, when you apply for his/her PR in Canada, he/she will need a passport and must maintain proper status in Canada. So, it is better to apply for a US passport asap. Also, if the child enters Canada today, you will have to apply for extension of visitor status before six months expires even if you apply for his/her PR to keep the status legal all the time.

The best thing is to apply and get a US passport while you are in US and before the child enters Canada, because it might be difficult for you to apply for a US passport once you are outside US and they won't mail passport outside US unless you apply through a US consulate. I believe it usually takes 5 weeks to get the US passport if you supply all the required documents and fees at the time of applying. You may also apply for a faster processing of the passport with higher fee.

Andrew Miller

US birth certificate alone will not be enough to enter Canada - only US citizens who
have a valid picture ID accompanied by birth certificate don't need a passport to
enter Canada as visitors. The newborn child will not have any valid picture ID yet
and in order to simplify the process of applying under H&C grounds from within Canada
it is strongly advised to ask for Minister's Permit at the border and for that
passport will also be required.

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../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
[email protected] (delete REMOVE and INVALID from the above address before
sending an email)
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bobnlara

i just recently returned to canada from the US and was able to enter with my one
month old baby with just his US birth certificate. I did attach though his picture
and a notarized letter stating his identification. (just to make sure). and it did
work for me...the immigration officer allowed him to enter and gave me his visitor's
permit which will expire in 6 months time. so the officer told me to apply for his pr
under h&c asap.

but i regret not getting his passport there in the US since I will be needing it when
I apply for his sponsorship. who knows how long it'll take to process passports here
in canada( did i hear 5 weeks?); when they provide an expedited service ( i think a
week or 2) within US but of course with a higher fee.

hope this helps.

larisa

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[usenetquote2]> > The child born in USA is an US citizen and you will have to sponser him/her to[/usenetquote2]
[usenetquote2]> > become Canadian PR. Once the child is in Canada, you can file PR application for[/usenetquote2]
[usenetquote2]> > him/her under humnaitarian ground, do not apply for the PR from outside Canada -[/usenetquote2]
[usenetquote2]> > then the child may not be allowed into Canada until the PR application is[/usenetquote2]
[usenetquote2]> > approved.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > To travel to Canada, he/she does not need a US passport right now - birth[/usenetquote2]
[usenetquote2]> > certificate is enough - to enter Canada as a visitor. However, when you apply for[/usenetquote2]
[usenetquote2]> > his/her PR in Canada, he/she will need a passport and must maintain proper status[/usenetquote2]
[usenetquote2]> > in Canada. So, it is better to apply for a US passport asap. Also, if the child[/usenetquote2]
[usenetquote2]> > enters Canada today, you will have to apply for extension of visitor status[/usenetquote2]
[usenetquote2]> > before six months expires even if you apply for his/her PR to keep the status[/usenetquote2]
[usenetquote2]> > legal all the time.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > The best thing is to apply and get a US passport while you are in US and before[/usenetquote2]
[usenetquote2]> > the child enters Canada, because it might be difficult for you to apply for a[/usenetquote2]
[usenetquote2]> > US passport once you are outside US and they won't mail passport outside US[/usenetquote2]
[usenetquote2]> > unless you apply through a US consulate. I believe it usually takes 5 weeks to[/usenetquote2]
[usenetquote2]> > get the US passport if you supply all the required documents and fees at the[/usenetquote2]
[usenetquote2]> > time of applying. You may also apply for a faster processing of the passport[/usenetquote2]
[usenetquote2]> > with higher fee.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
[usenetquote2]> > Nirupam[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> >[/usenetquote2]