Screwy Situation

[douglasbean 0]

Hello

Try to make this as simple as possible...

1. I am USA citizen (born and raised there)

2. Moved to Canada as a stupid kid, stayed illegally for past ten years.

3. Want to fix my situation.

4. Have NO ID except birth certificate and SI number (no card)

How do I get my passport?

[Otto 83]

You have no photo ID? (And are you in the US now or still in Canada?)

[Mike B. 231]

What is your definition of fixing the situation? Returning to the United States? Becoming a resident of Canada?

[nane1104 146]

Assuming you are in Canada right now, wouldn't you just have to go to a US embassy there and apply for a US passport?

Am I just being naive here?

[antoneya 9]

Assuming you are in Canada right now, wouldn't you just have to go to a US embassy there and apply for a US passport?

Am I just being naive here?

If I'm not mistaken an embassy can only give out temp. passport for people who have lost them so they can get back home.

If you want a U.S. passport all you have to do is go to a U.S. post office (that issues passport, not all of them do it) give them your birth certificate, passport photos and pay the fee and they will have it for you in a few weeks. But in order to do this you have to get back here and that might be a little hard to do with a photo ID. You best bet is to go to the U.S. embassy with your birth certificate and talk to them.

[Otto 83]

Check This Link to see what you may need to do.

[douglasbean 0]

Well I am planning on staying here but that isn't effected by my status here currently believe it or not. My problem is I can't start the process

until I get a USA passport to include with my application.

So basically it seems they will only issue a temp one so I can return to the states. There is no other way to get photo id while living outside of

your home country it seems. Thanks for the help so far.

[thongd4me 69]

Well I am planning on staying here but that isn't effected by my status here currently believe it or not. My problem is I can't start the process

until I get a USA passport to include with my application.

So basically it seems they will only issue a temp one so I can return to the states. There is no other way to get photo id while living outside of

your home country it seems. Thanks for the help so far.

This might be too personal and it's your choice not to answer,

but is there any crime, other than crossing the border that

they can hold you for once you've returned?

Since you didn't need a passport to go to Canada at that time, I don't think you

have violated any US laws. If you want to remain in Canada ultimately, that

may be a problem but you have to ask about the Canadian law to know for sure.

They may have a requirement that foreigners who stay for prolonged periods have

papers from their home country, which seems reasonable. You've already taken a

few steps over that line. The US may want to know about your income during the

period you were away, as US citizens are required to pay US taxes even if the

money was earned abroad and they utilize no government services within the

50 states during that time.

http://en.wikipedia.org/wiki/Illegal_emigration

[douglasbean 0]

Hi

No, I have no criminal record at all anywhere....I have also not earned any money

during this period AT ALL in Canada or the USA as I have been under the total support

of my fiance here.

Canadian immigration law allows you to apply for permanent resident status

from within Canada even if you do not have legal status like me...however,

when you send in your application for that you have to include your passport

or other photo ID.

I have no idea how to get this photo ID.

To go back to the states, I need photo ID. To get photo ID, I need to go back

to the states.

Edited April 8, 2010 by douglasbean

[thongd4me 69]

Hi

No, I have no criminal record at all anywhere....I have also not earned any money

during this period AT ALL in Canada or the USA as I have been under the total support

of my fiance here.

Canadian immigration law allows you to apply for permanent resident status

from within Canada even if you do not have legal status like me...however,

when you send in your application for that you have to include your passport

or other photo ID.

I have no idea how to get this photo ID.

To go back to the states, I need photo ID. To get photo ID, I need to go back

to the states.

I can't think of which one would be the cheapest, but sometimes when you join something,

like a health club, they give you a photo ID. I have one for the Vanderbilt YMCA in Manhattan.

That may be cheaper than having to go the stateside route - check with Canadian authorities

as to WHAT kind of photo ID is required. If you apply for a Canadian drivers license, wouldn't

that be cheaper than going to the States?

[trailmix 77]

Hello

Try to make this as simple as possible...

1. I am USA citizen (born and raised there)

2. Moved to Canada as a stupid kid, stayed illegally for past ten years.

3. Want to fix my situation.

4. Have NO ID except birth certificate and SI number (no card)

How do I get my passport?

This really shouldn't be too difficult.

You have your U.S. birth certificate, so that's a good start. Now you need a passport. To do this, as you mentioned, you need photo I.D. - have you looked at getting a Canadian driver's license?

You don't mention which province you are in.

[Kathryn41 3,205]

You are right in that you do need to have your US passport in order for your future wife to sponsor you to become a Permanent Resident in Canada after you are married. http://www.cic.gc.ca...pouse-faq03.asp . Since you have never had a passport, you are supposed to apply for your passport in person instead of renewing it through the mail at one of the Passport facilities - however, due to the WHTI you are required to show your US passport in order to return to the US.

You are a US citizen in a foreign country. You need to request the Consular Services of the US consulate closest to you. They can assist you in getting the temporary documentation that you need to go to the US so you can then go to a passport facility location (a Post Office is usually sufficient) and apply in person for your US passport. There really is no way around this.

You may have a problem trying to return to Canada if the border authorities think you are living in Canada - which you are - without documentation. If you are able to return to Canada then don't leave until you get your Permanent Resident documentation at which time you will again need to leave Cananda - although you don't actually have to enter the US, you can just turn around and come back through the border - and activate your PR status. You are technically supposed to have legal status while in Canada and applying for PR status, however, as the spouse of a Canadian citizen you have some leeway from Canadian immigration. http://www.cic.gc.ca...pouse-faq02.asp . You will probably need to make your status legal at that time by applying for a temporary resident status while your application for permanent resident status is processing. There does not seem to be anything other than lack of status that would impact your application. http://www.cic.gc.ca...pouse-faq04.asp . http://www.cic.gc.ca...e-apply-how.asp

If you are not successful in returning to Canada, then your wife will have to sponsor you through the Out of Country sponsorship of a Spouse while you remain in the US until the processsing is complete.

The first step, however, is contacting the US Consulate and requesting their assistance as a US citizen. http://www.consular....ates_canada.asp . Good luck.

I just thought - you will need to send off your birth certificate with your passport application, thus you will have no documentation to prove your US citizenship status when you go to return to the US. So, before you do anything else, apply for another copy of your birth certificate so you will have one in our possession to return to Canada. You should be able to obtain a copy of your US birth certificate online from the State repository of vital statistic records. It varies from State to State. That is one thing you can do now.

Edited April 8, 2010 by Kathryn41

[douglasbean 0]

Thanks for all the helpful thoughts, posts, and suggestions.

I do not think a Canadian drivers license is aceptable photo ID when applying to become a

Canadian Permanent Resident. They will need the passport from my birth country which is

the USA.

It seems there is no way to go around all this except get a temp passport at the consulate, then

spend some time in the states getting my passport.

My next question is this...the consulate can give americans passports while in canada if they have legal status.....I do not.

So what sort of trouble will the US consulate give me when I am getting my temporary passport? Should I explain my situation?

[thongd4me 69]

Thanks for all the helpful thoughts, posts, and suggestions.

I do not think a Canadian drivers license is aceptable photo ID when applying to become a

Canadian Permanent Resident. They will need the passport from my birth country which is

the USA.

It seems there is no way to go around all this except get a temp passport at the consulate, then

spend some time in the states getting my passport.

My next question is this...the consulate can give americans passports while in canada if they have legal status.....I do not.

So what sort of trouble will the US consulate give me when I am getting my temporary passport? Should I explain my situation?

The only one to give an answer to the last question may be Kathryn41 or someone who has gone through a situation

similar to yours. In my view, your best bet would seem to be to get married first as you state you have a Canadian fiancée.

I can only speculate about how the consulate will treat you, but be prepared for a full security investigation as well as

lots of questions about your finances, taxes and people you have known or people that they think you have known,

both in Canada AND the US.

If you were not employed in the last 10 years, that is bound to prompt several probing questions.

Your fiancée may experience "sticker shock" at the cost of legal advice for someone in your predicament.

Then again, if you produce a valid US birth certificate, they may offer you a beer or they may not.

Good luck.

Edited April 9, 2010 by thongd4me

[douglasbean 0]

but be prepared for a full security investigation as well as

lots of questions about your finances, taxes and people you have known or people that they think you have known,

both in Canada AND the US.

Wow. Well like I said I literally no "no one" and haven't had a job in either the states or Canada in over ten years. My

fiance has always taken care of me financially. So at least thats good. I've never been arrested, nothing. Never even

spoken to a cop in official capacity.

I hope I haven't committed a crime in the USA by not living there for ten years. I haven't paid taxes I realize but I've also

not made any income at all. I also have family and friends in the USA who can vouch for this.

I read on the consulate website that in sticky identification situations you can bring a family member who can swear on

your identity. My Mother is willing to travel here and go to the consulate with me so maybe that's something I should

for sure think about.

I have a totally valid birth certificate as well as a notarized Certificate of Citizenship. Just no photo ID..

I also have all my high school photo id from when I attended high school in California (but its over ten years old)

as well as driver school certificates from california.

Edited April 9, 2010 by douglasbean