Passport denial

[davebigs 1]

First things first, if you are a naturalized us citizen and your daughter is under the age of 16 then she is automatically a US citizen. I know this for sure because my daughter was 13 when I became a citizen and I got her US passport at the same time I got mine. I had to however get a note from her mom who lives overseas saying that she gave her permission.

[tscc88 0]

Thanks everyone for all yoyr reply i really apreciate it.

My daughter has her valid Philippine passport and her greencard so im assuming that i could still travle with her.

I hope im not mistaken because 2 years ago we were able to travel in the Philippines the only difference is that time im not a citizen yet and i didnt apply her u.s passport.

But now i did and they refuse to give but since she has her valid Phil passport i assume we can stillu use that to travel.

[NickD 203]

Thanks everyone for all yoyr reply i really apreciate it.

My daughter has her valid Philippine passport and her greencard so im assuming that i could still travle with her.

I hope im not mistaken because 2 years ago we were able to travel in the Philippines the only difference is that time im not a citizen yet and i didnt apply her u.s passport.

But now i did and they refuse to give but since she has her valid Phil passport i assume we can stillu use that to travel.

Still didn't answer the question as to whom denied her passport application. And already stated by others with more knowledge of the Philippines, you the mom already have sole custody meeting the DOS requirements.

So how are you going to travel as a US citizen with a US passport with your own daughter attempting to travel with her green card? POE people are not complete idiots, will know your daughter is automatically a US citizen, therefore requiring a US passport to leave and enter this country.

Also you stated, don't have the cash for an attorney, airline tickets aren't exactly cheap either, that could end up being cash down the drain.

[nwctzn 55]

Thanks everyone for all yoyr reply i really apreciate it.

My daughter has her valid Philippine passport and her greencard so im assuming that i could still travle with her.

I hope im not mistaken because 2 years ago we were able to travel in the Philippines the only difference is that time im not a citizen yet and i didnt apply her u.s passport.

But now i did and they refuse to give but since she has her valid Phil passport i assume we can stillu use that to travel.

You should not travel with your daughter before you resolve this issue since this could possibly trigger problems in the future.

Your daughter is automatically a US citizen now and hence needs to leave and enter the US with a US passport.

As one poster pointed out, you have sole custody of your daughter. Get that in writing from the Embassy/Consulate of the Philippines and apply with that for your daughter's US passport.

[bt1 42]

You should not travel with your daughter before you resolve this issue since this could possibly trigger problems in the future.

Your daughter is automatically a US citizen now and hence needs to leave and enter the US with a US passport.

As one poster pointed out, you have sole custody of your daughter. Get that in writing from the Embassy/Consulate of the Philippines and apply with that for your daughter's US passport.

I don't believe she needs a US passport to leave the country, only to re-neter. There are many people who hold dual citizenship and have two passports. Although sometimes complicated, it IS possible to use a foreign passport to leave the country, but you need the US passport to come back.

[nwctzn 55]

I don't believe she needs a US passport to leave the country, only to re-enter. There are many people who hold dual citizenship and have two passports. Although sometimes complicated, it IS possible to use a foreign passport to leave the country, but you need the US passport to come back.

This info is from usa.gov for dual citizens: "You must use your U.S. passport to enter or leave the United States. Use the other country's passport to enter or leave it."

[aaron2020 11,651]

First things first, if you are a naturalized us citizen and your daughter is under the age of 16 18 then she is automatically a US citizen. I know this for sure because my daughter was 13 when I became a citizen and I got her US passport at the same time I got mine. I had to however get a note from her mom who lives overseas saying that she gave her permission.

Under the Child Citizenship Act, a child is automatically a US citizen if 1) has a US citizen parent, 2) lives with the US citizen parent, 3) has a green card, and 4) is under age 18. It is not under age 16.

Since your US citizen child was under age 16, your child was required to get both parents' consent. There is an exception when the parent with sole legal custody appears with the child to apply for a passport, the non-custodial parent's consent is not necessary.

[aaron2020 11,651]

Thanks everyone for all yoyr reply i really apreciate it.

My daughter has her valid Philippine passport and her greencard so im assuming that i could still travle with her.

I hope im not mistaken because 2 years ago we were able to travel in the Philippines the only difference is that time im not a citizen yet and i didnt apply her u.s passport.

But now i did and they refuse to give but since she has her valid Phil passport i assume we can stillu use that to travel.

NO. You assumptions are wrong. Everyone is telling you that is wrong.

Your child is a US citizen. She needs a US passport to travel. You are going to create big problems for yourself.

Why can't you go and get proof that you have sole legal custody? That would allow your daughter to get a US passport.

Edited November 20, 2012 by aaron2020

[NickD 203]

Under the Child Citizenship Act, a child is automatically a US citizen if 1) has a US citizen parent, 2) lives with the US citizen parent, 3) has a green card, and 4) is under age 18. It is not under age 16.

Since your US citizen child was under age 16, your child was required to get both parents' consent. There is an exception when the parent with sole legal custody appears with the child to apply for a passport, the non-custodial parent's consent is not necessary.

True about automatically becoming a US ctizen UNDER the age of 18, my stepdaughter was just a few days older, couldn't use an arguments about delays caused by the USCIS misplacing our applications causing that delay. She had to wait another two years for the full five year.

Where that 16 year magic number comes in is dealing with a child applying for a US passport, under 16, need to prove that sole custody or get permission from that other worthless doesn't give a damn parent before the DOS will issue that passport. Over 16 years of age, don't require that proof, just proof of US citizenship of the remaining parent.

Another magic age is 21, I could not petition for my unmarried stepson because he was barely over 21. If the DOS and USCIS isn't enough, toss in yet another government agency, the NVC into this mess. Wife had to become a permanent resident first, but we were strong advised to wait until she became a US citizen due to the long wait when a LPR. So now this process is dragging out over nine years.

One thing all of these agencies don't give a good damn about, is keeping a family together, its all based on arbitrary ages. Even more magic age numbers that affect keeping a family together depending on the circumstances, can only wonder who dreams this stuff up. None of our representatives know nothing about these all powerful agencies they created.

Government by representation? Suppose to know about this stuff for your civics test, but our leaders sure don't know anything about it.

[BKMatthew 8]

The problem for the OP seems to be that The Philippines automatically gives a single mother sole custody of her child, the United States does not, rather it depends on the decisions of state family courts. The OP's daughter is a US citizen by virtue of being the minor child of a naturalized US citizen, living with the US Citizen, so must enter and leave the US on a US Passport. The US has ratified the Hague Convention of 1996 which deals with international child custody issues, so the State Department will only issue a passport to a minor, when it is assured that the child is not going to be taken unlawfully out of the US, which means it needs consent of both parents or a family court order. The Philippines is not a signatory to the Hague Convention. International child abductions are common and heart wrenching, they cause a lot of problems for the US government. The OP's best recourse it seems, is to file for sole custody in her state's family court, which may mean serving papers on the child's father in The Philippines. He won't show up to court, so the OP may be awarded custody by default (depends on state law), the court may at that time give OP permission to travel with her daughter. Other options could include having the family court terminate the natural father's parental rights, adoption by the OP's husband, or the natural father signing away his parental rights.

Unfortunately, as in a lot of family law matters, this takes time and money to resolve. There may be a legal aid bureau or similar not-for-profit organization near the OP that offers free or low cost legal help. Short of waiting out the four years until the daughter is 16, there is not a lot more I can suggest to the OP.

[NickD 203]

The problem for the OP seems to be that The Philippines automatically gives a single mother sole custody of her child, the United States does not, rather it depends on the decisions of state family courts. The OP's daughter is a US citizen by virtue of being the minor child of a naturalized US citizen, living with the US Citizen, so must enter and leave the US on a US Passport. The US has ratified the Hague Convention of 1996 which deals with international child custody issues, so the State Department will only issue a passport to a minor, when it is assured that the child is not going to be taken unlawfully out of the US, which means it needs consent of both parents or a family court order. The Philippines is not a signatory to the Hague Convention. International child abductions are common and heart wrenching, they cause a lot of problems for the US government. The OP's best recourse it seems, is to file for sole custody in her state's family court, which may mean serving papers on the child's father in The Philippines. He won't show up to court, so the OP may be awarded custody by default (depends on state law), the court may at that time give OP permission to travel with her daughter. Other options could include having the family court terminate the natural father's parental rights, adoption by the OP's husband, or the natural father signing away his parental rights.

Unfortunately, as in a lot of family law matters, this takes time and money to resolve. There may be a legal aid bureau or similar not-for-profit organization near the OP that offers free or low cost legal help. Short of waiting out the four years until the daughter is 16, there is not a lot more I can suggest to the OP.

Wife was free to come here, stepdaughter was really a major problem, so following the laws of that foreign country was not only time extensive, but costly as well. But the simple fact is that with that proof, the USCIS accepted it. And the same holds true with the original poster.

So why isn't the Department of State accepting this same proof of sole custody just like the USCIS did? They did give this child a green card.

Again, I am asking who rejected this application, some jerk at the post office, or was it officially denied by the DOS. If it was denied by the DOS, should be asking for more proof, or even that permission from the biological father.

Now we did have problems with the Venezuelan consulate in renewing my stepdaughter's passport, and we had all those Venezuelan court documents to bring my stepdaughter here and solid proof my wife had sole custody. They insisted in addition to get a very simple form to fill out and would even accept a signed copy from my stepdaughter's biological father. But he refused to sign it and send it back. But this is Venezuelan rules, not the DOS.

He is certainly paying the price now for his actions, now that his daughter is grown, no fear of child support payments, educated and successful, he wants to resume relations with her. This may change over time, but for now, she told him to go hell. The only way we could bring her with his permission, was to sue him for seven years of unpaid back child support payments and another four years of child support payments. Wife forgave that if he would sing the permission.

Depending on her country laws, the OP may be able to do the same thing if the DOS really does not recognize her sole custody, but should. She could sue him for twelve years of back child support payments plus an additional six years or just ask for that permission. Only makes logical sense, if the DOS requires his permission, and considers this guy the lawful father, he should be paying child support payments.

With my own stepdaughter asking for advice, can only say, he is your only one and real father, its up to do as to how you want to deal with him. The same can be true of this 12 year old and later, her dad may want to have a relationship with her. Another means for something for him to think about about his future with her. She may well say as an adult, go to hell, where were you when I needed your help and support? At least for now, I am her dad that took care of her and supported her. But if she wants to resume relations with her dad, that is up to her.

[kottayam 1]

There is absolutely no way possible for her to get a US passport if she is not a US Citizen, even if her father does give the ok.

she is a US citizen ,since her mom is a US citizen

[aaron2020 11,651]

she is a US citizen ,since her mom is a US citizen

She is a US citizen because she meets all the requirements of Child Citizenship Act.

Minors living outside the US without green cards are not US citizen when a parent gains US citizenship after their births. Having a US citizen parent does not mean a person is automatically a US citizen.

[Mama mia 9]

OP--

You have to re-apply the US passport for your child again.

On the DS-3053, you can state how many times you have attempted to reach the birth father, list his phone number and address but you were not able to get in touch with him to consent the passport.

Get it notorized and you will get a passport for your US child.