Malditah Musings

Crossing U.S. Border With Your Children adopted

With all the new rules that Canada and the U.S. Homeland Security is about creating crossing This border is getting confusing for the adopting parents (including the number of June 1, 2009, the Western Hemisphere Travel Initiative). In an attempt to clarify the rules we have written the following. Please keep in mind that every experience can be different from the warden that the border may apply policies of others. There are 3 main groups of adopted children who rules affect:

1. Child / children born in Canada
2. Children born in the United States and
3. Children born abroad;

(i) in countries that require visas to visit the United States;
(ii) countries for the visa without the need for the USA

The rules will also depend on if you want to travel before or after your child acquires Canadian Citizenship and a Canadian passport. Lets look at each category and identify the rules and problems.

1. Children born in Canada

New rules for entering the United States by driving across the border (June 1 / 09) requires a passport or other same ID (for details see target = "_blank" http://www.getyouhome.gov/html/eng_map.html). But there is an exemption for children in under 16 can travel only a birth certificate. The USBorder Protection of state website,

"U.S. and Canadian citizen children under the age 16 coming to the land or sea from Canada, Mexico or the Caribbean need only show proof of citizenship, such as an original or copy of his birth certificate, a consulate of Report of Birth Abroad, a Certificate of Naturalization, or a Canadian Citizenship Card. "Target =" _blank "> Press Release

The problem however is getting a birth certificate when an adoption placement of birth. The Vital Statistics Department of most Canadian Provincial Government does not want to issue 2 different birth certificates for the same individual. (name of one birth, and later one of the adopted name). As a result you can not now usually get a birth certificate in a shelter until the Adoption Order is received by important Stats Branch (Provincial or other agents.)

To solve the problem of the Canadian Passport Office allows adopting parents to get a limited Passport term adopted child's name. passport is usually good for a year, and by that time the child Adoption Order is granted. To facilitate this, the birth parents must sign consent for adopting parents to obtain passports and travel across the border (preferably at the same time the Adoption Consents are signed.)

The process of getting such a limited passport is becoming increasingly complex. It may be that in some provinces only It is not possible.

Adopting parents usually get this limited passport in the event that they are going to attend a family wedding or vacation in United States (or Europe) before the Final Adoption Order and the new birth certificates to adopted name was issued. In other words a Canadian Passport can be given to situations even when birth certificates are not available to adopting parents.

If the adopting parents have a certificate of birth but then the new rules of the USA (such as June 1, 2009) will allow a Canadian children under 16 years old to enter the USA without Canadian passport.

2. Child Born in the USA

A child under the age of 16 years old born in the United States (an American Citizen) enacted by a Canadian family can enter Canada with valid ID Most of the time that means the birth certificate, but sometimes other information identifying the contents. the mind of the child must have U.S. passports and most airlines do not fly a child directly to Canada without the child holding a valid U.S. passport.

In the event that an American child is in Canada and needs to return to the USA to get a U.S. passport (required for Canadian Permanent Resident Visa process) the child can return to the United States with a birth certificate if under the age of 16 years.

3. Children born overseas

A child born abroad to be adopted in Canada (ie, Korea, Philippines) or who have been adopted in other countries (almost all other countries) have a passport from their country of origin. In addition they later take a Canadian passport. What happens over time from when the child came to Canada and when the child obtains a Canadian passport?

(i) Visa requirements for USA

Citizens of many countries that require visas to enter the USA (and the fact that the child is adopted by a Canadian family not change it) you should apply to the U.S. Embassy in Ottawa or a local U.S. Consulate. Remember to do this; adopting parents reported receiving heavy fines from the U.S. border authorities in addition to children who refuse entry.

(ii) Visa not required for USA

If you are traveling to the United States before your child got a Canadian passport and are traveling overseas only passport of the child then you should probably all the papers can to try and explain the situation to guard U.S. borders. If you are adopting through a licensed adoption agency a letter from the agency director may help.

Take care

The information provided above will assist in crossing the United States with your adopted child, but to limit the keeper with individual discretion to interpret the rules.

Whether traveling to Canada or the USA, parents adopting a range different experiences with various officials in the border patrol. You can have all the same documents you allowed some other children to enter the USA and yet your child is refused entry (or you will be given a hard time limit allowed before entry). One of our family has adopted Twins from China and children are traveling with their Canadian passports and were taken to a second room asking us to limit to 90 minutes of questioning before they are allowed to enter the USA. Fortunately they had their adoption paperwork with them.

If you had experience in border crossing us with your adopted child can benefit from other parents please let us know and we will update this article.

About the Author

Mr. Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.