What to do about Canadian children born to an American but no report of birth abroad was filed?

UPDATED: Sep 30, 2022

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What to do about Canadian children born to an American but no report of birth abroad was filed?

I’m married to an American and am living in the U.S. with 2 children born in Canada. Did not file the birth abroad form in Canada prior to moving to the U.S. I’m currently awaiting green card for myself, not the kids. What problems will I have travelling between the U.S./Canadian border with these kids, without dad once green card is issued? What if marriage doesn’t work out? Can I legally take the kids back to Canada? He is unable to enter due to a criminal record.

Asked on August 3, 2017 under Immigration Law, Ohio


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can simply get the children certificate of citizenship by filing the necessary forms with the USCIS if the children are now in the US.  It should not be a problem that you did not register their births with the US Embassy in Canada.  As long as they lawfully entered the US and are in your custody, you can file this for them.

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