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American Giving Birth in Canada

American Giving Birth in Canada

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Old Mar 6, 19, 11:20 am
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Originally Posted by GUWonder View Post


That was the way it used to be, but nowadays it’s “Easy Peasy” to be incorrect as above.

While the time at the consulate/embassy generally takes less than 2 hours for filing of applications for this purpose — I see people often in and out of ACS for such matters within less than 30 minutes and nearly always within 90 minutes or less — the CRBA is generally no longer issued on the spot at our embassies/consulates and handed out at the appointment where the application for the CRBA is made for US citizen children born abroad. Much the same for a regular US citizen child passport. US citizen children born abroad today generally cannot get a US CRBA and a US passport at a US embassy/consulate on the day they come in with the parents for ACS to accept and process the relevant applications for the child.

I have don it a couple of time but the last time was 9 years ago, so it seems not unreasonable the procedures have changed. Thanks for the update. How are the CRBA and passport distributed to the parents now?
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Old Mar 6, 19, 12:53 pm
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Originally Posted by Section 107 View Post
I have don it a couple of time but the last time was 9 years ago, so it seems not unreasonable the procedures have changed. Thanks for the update. How are the CRBA and passport distributed to the parents now?
Generally, they are picked up at the embassy/consulate by an authorized party or they are sent out by mail/courier from the embassy/consulate — either way both of the above ways is only applicable after the US embassy/consulate receives the delivery of the issued docs shipped from the US.
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Old Mar 6, 19, 12:59 pm
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Originally Posted by Section 107 View Post
Spot on about no need to pay an attorney if no unusual or complicating factors; the forms and information required are very straightforward.

Wait, so are you saying the request for a CRBA requires people to have sex for 5 years first? Wow, what a progressive government!
I am saying that US mothers now have the same US physical presence requirement in years as the US fathers do, when it comes to children born abroad where only one of the two parents is a US citizen. It used to be that US mothers only needed to document one year of US physical presence while US fathers needed to document five years of US physical presence. Now both US males and US females in such situations as the OP need to have five years of US physical presence instead of one year for US females and five years for US males.
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Old Mar 6, 19, 1:08 pm
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I did my daughters birth abroad certificate about 6 years ago. It was fairly easy. Fees were a bit expensive, $200 or so if I recall. We had to return 2 weeks later for the papers and passport.

The consulate officer never mentioned 5 years of time in the US for me to transmit citizenship. She just said a few years.
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Old Mar 6, 19, 2:53 pm
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Originally Posted by Jaimito Cartero View Post
I did my daughters birth abroad certificate about 6 years ago. It was fairly easy. Fees were a bit expensive, $200 or so if I recall. We had to return 2 weeks later for the papers and passport.

The consulate officer never mentioned 5 years of time in the US for me to transmit citizenship. She just said a few years.
For births six years ago too, a foreign-born child born under wedlock to a married US citizen father and non-US mother had to have the US father with a US physical presence of 5 years prior to the child’s birth — if the child were to be a natural born US citizen and eligible at birth for a US CRBA and regular US citizen passport. It’s been the rule, with regard to such US fathers’ children, for decades.

I do note that what the USG considers to be US physical presence for this purpose includes USG-service time abroad.

Whether or not you provided five years of US physical presence, I suggest creating a packet of evidence of your US physical presence for 5+ years (and some other stuff) to make sure it’s easily available for the children to use in case the USG ever tries to deny the children natural-born US citizenship status — something that the US has done to some foreign-born children of US citizens even years or decades after repeatedly recognizing such children as US citizens. In other words, the US Government’s administrative mistakes involving children born abroad can be undone by the USG and cause hassles even many decades after an administrative decision is taken — even when there was no crime committed. And sometimes the UGS’s administratively proper, earlier recognition of US citizenship is subject to review on the basis of a (later) governmental mistake or deliberately for the purpose of manipulation/coercion of a US citizen by the government.
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Last edited by GUWonder; Mar 7, 19 at 5:02 am
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Old Mar 7, 19, 7:38 am
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I think the best way to have a correct answer is I to consult a good immigration attorney. Good luck!
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Old Mar 7, 19, 7:55 am
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Originally Posted by travba View Post
I think the best way to have a correct answer is I to consult a good immigration attorney. Good luck!
For this kind of circumstance, it’s the best way to waste money to have a correct answer. Any US lawyer trying to get a paying client to advise for a normal birth abroad to a pregnant US citizen is just fleecing their clients.
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Old Mar 13, 19, 1:36 pm
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I don't know which province you are in, but your child's health care once born (provided they would be a Canadian citizen at birth) shouldn't be a financial burden - e.g. this is what Ontario says OHIP Eligibility of Canadian-Born Children of OHIP-ineligible Parents - Ontario Health Insurance (OHIP) - Publications - Public Information - MOHLTC
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Old Mar 15, 19, 4:14 pm
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Originally Posted by emma69 View Post
I don't know which province you are in, but your child's health care once born (provided they would be a Canadian citizen at birth) shouldn't be a financial burden - e.g. this is what Ontario says OHIP Eligibility of Canadian-Born Children of OHIP-ineligible Parents - Ontario Health Insurance (OHIP) - Publications - Public Information - MOHLTC
Ah, but the OP woudn't qualify under this because she can't declare Ontario to be her Primary Residence until she has acquired PR status.
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Old Mar 15, 19, 4:27 pm
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And it is precisely things like this that are behind the growing call against granting automatic citizenship to the children of those who purposely come here for the sole reason of giving birth to a Canadian. Hopefully, this will be changed soon and stop the “birth tourism”.

https://globalnews.ca/news/5055050/c...nstitute-poll/

“According to the poll, 60 per cent say Canada’s citizenship laws need to change to discourage “birth tourism,” where expecting parents deliberately come to Canada to give birth so their babies get citizenship.
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Old Mar 16, 19, 2:30 pm
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Old Mar 18, 19, 10:08 am
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Originally Posted by peter1962 View Post
Ah, but the OP woudn't qualify under this because she can't declare Ontario to be her Primary Residence until she has acquired PR status.
Is the father not resident in Canada? I had read it as thought the mother is a visitor, but the father is Canadian. Only one parent has to be ordinarily resident (for Ontario at least).
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Old Mar 18, 19, 12:39 pm
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Originally Posted by emma69 View Post
Is the father not resident in Canada? I had read it as thought the mother is a visitor, but the father is Canadian. Only one parent has to be ordinarily resident (for Ontario at least).
Sounds like it. And it's not so difficult for a citizen of Canada to return to being or becoming a resident of Canada.
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Old Mar 18, 19, 12:49 pm
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Regardless, wouldn't the mother be left without any health coverage for her own complications of childbirth?
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Old Mar 18, 19, 12:55 pm
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Originally Posted by MSPeconomist View Post
Regardless, wouldn't the mother be left without any health coverage for her own complications of childbirth?
Not without any health coverage, but maybe with inadequate health insurance coverage. Without any certainty of health insurance cover for the cost of post-natal, maternal care, it could end up as a very costly personal debt.
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