My Canadian husband had his passport stolen, what are we supposed to do now?

jray84

New Member
I am an American Citizen and am married to a Canadian Citizen. We are filing for his green card and I have researched everything I can get my hands on so far and are ready to file. We have run into a small problem though. A couple of years ago my husbands passport was stolen along with his wallet and a watch. We have looked into how to get another passport from inside the US. and were told we should have filed a police report for the stolen passport to get another one, which we didn't do (watch was usless, no money in the wallet and didn't realize it would be so hard to get another passport in the future!)
So my question has 2 parts, as follows:
1- does he NEED a passport to file in the first place? He now has no ID other than an expired miliary ID, birth certificate and his SIN card (american equivalent of SSN). He has no drivers license. He lived in Ottawa and had no need for a vehicle.
2- since he doesnt have his passport anymore, there is no evidence he entered the US legally, is this absolutely required to file? Will they deny us without this proof?

If he IS required to have a passport, how is he supposed to get another one now?
 
A1: I am a Canadian citizen who has twice renewed his passport by mail from the US. It is not difficult. File a police report. Then call "Passport Canada" to report the passport stolen. Then download the forms to apply for a fresh passport. The forms will go to Ottawa and in 4 weeks he will have his new passport.

A2: Proof of inspection is needed to apply for AOS.

1- does he NEED a passport to file in the first place? He now has no ID other than an expired miliary ID, birth certificate and his SIN card (american equivalent of SSN). He has no drivers license. He lived in Ottawa and had no need for a vehicle.
2- since he doesnt have his passport anymore, there is no evidence he entered the US legally, is this absolutely required to file? Will they deny us without this proof?
 
How and WHEN did he enter the U.S.? It makes a difference.

8 CFR § 212.1 Documentary requirements for nonimmigrants.

A valid unexpired visa and an unexpired passport, valid for the period set forth in section 212(a)(26) of the Act, shall be presented by each arriving nonimmigrant alien except that the passport validity period for an applicant for admission who is a member of a class described in section 102 of the Act is not required to extend beyond the date of his application for admission if so admitted, and except as otherwise provided in the Act, this chapter, and for the following classes:

(a) Citizens of Canada or Bermuda, Bahamian nationals or British subjects resident in certain islands. (1) Canadian citizens. A visa is generally not required for Canadian citizens, except those Canadians that fall under nonimmigrant visa categories E, K, S, or V as provided in paragraphs (h), (l), and (m) of this section and 22 CFR 41.2. A valid unexpired passport is required for Canadian citizens arriving in the United States, except when meeting one of the following requirements: ........
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Starting June 1, 2009, Canadian citizens traveling to the U.S. by land or sea are required to present one of the travel documents listed below.

Canadian Passport – This is an internationally recognized travel document that verifies a person’s identity and citizenship. It is accepted for travel by air,
land and sea.

Enhanced Driver’s Licence/Enhanced Identification Card– Canadian provinces have begun issuing these documents that denote identity and citizenship that are WHTI-compliant for cross-border travel into the U.S. by land or sea.

Trusted Traveler Programs – NEXUS, FAST/Express and SENTRI enrollment cards can speed your entry into the U.S. and are issued only to pre-approved travelers. FAST/Expres cards are valid for use at land or sea ports of entry; the NEXUS card can be used at land or sea ports of entry and at kiosks at participating airports.

Special Groups – Children, Groups of Children, Native Americans, Ferries and Small Boats, and Boaters.

A Canadian will not be absolutely required to have a passport. Him replacing his passport is between him and Canada.

Canadian replacement procedures desire a local police report but it is not an absolute requirement either.

SEE: http://www.ppt.gc.ca/planification/203.aspx?lang=eng
SEE: http://www.ppt.gc.ca/form/pdfs/pptc203_eng.pdf
 
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