New mother and scared....

[Phoenix1978]

Hello all,
First off, I want to thank everyone for any help that they can provide in advance. I am a new mother to a 3 month old little boy. I was in Canada on a student visa. I got pregnant by my boyfriend (who is canadian).
I thought I could make it work with the father but I don't think I can. He is unwilling to do what is right inorder to give my son and I the life we deserve and need. My son was born in Canada early Oct. I was in the hospital for 2 months (he was born 6 weeks early). My boyfriend nor his family gave me much support at all. I was alone most of the time while I was in the hospital. The nurses in the NICU would be concerned and ask me about my support system at home, it was embarrassing to say the least.

My son was born with clubfeet and needs special care to correct it. I am home now in the U.S. at my mother's house and we are getting him the proper care. I finally have the support I need with this. My son would have a much better life here in the U.S. I could go back to school and finish my teaching degree too. I don't think I would be able to do that if I move back in with my boyfriend.

He says that he loves our son and likes to play the role of proud papa but when it comes down to it, his actions do not reflect his words. Since I've been home in the U.S. he has called me maybe 4 times. I've been home since Dec 12th. I usually have to make the phone calls to update him on our son's progress.

I am in the process of getting my son his dual citizenship. I was born in the U.S. and only went to Canada in 2003 for school. Is my son an automatic U.S. citizen through me already? I have a N-600 form filled out and ready to send in. Is this the first step? Or can I just apply for a passport instead?

I want to know what my rights are with my son. I want to return to Canada to tie up loose ends but I do not want to take my son back because I am worried that his family will try to take our son to keep him in Canada.

I am willing to work out visitation with his father but I want to be assured that my son will be returned to me when I go that route. I am very nervous and scared. His family will likely try to put him up to something out of spite.

I just want my son to have a good life. His father is unwilling to provide one. (Will not get a better job to support us, buy anything for his son etc etc....I could go on and on.)

I really don't know what to do. Please help!

 

[TheRealCanadian]

:Is my son an automatic U.S. citizen through me already? I have a N-600 form filled out and ready to send in. Is this the first step? Or can I just apply for a passport instead?

Yes, provided you meet the criteria following. If you lived in the US for at least 5 years, 2 of which were after 14, he is. If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14.

I want to return to Canada to tie up loose ends but I do not want to take my son back because I am worried that his family will try to take our son to keep him in Canada.

They cannot just "take" him, but you may want to consult with a Canadian family attorney to see what custody laws are. You may also want to consult with a family law attorney in your state.

You may also want to petition for child support in your state, then seek to get the judgment enforced in Canada.

 

[Huracan]

You might also want to check this page:

http://travel.state.gov/law/info/overseas/overseas_703.html

I assume you took your son to the US under a Canadian passport. Anyway, this is not very relevant to your issues. I was trying to think about the hypothetical that if your son is not a US citizen and came here without visa, for a limited number of days and is out of status, but is a minor, how would that affect the chances of obtaining a Green Card. Anyway, I don't think any of this applies to your case. Your child is most likely a citizen.

 

[Jackolantern]

http://travel.state.gov/law/info/info_609.html

Birth Abroad Out-of-Wedlock to a U.S. Citizen Mother: A child born abroad out-of-wedlock to a U.S. citizen mother may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(c) INA if the mother was a U.S. citizen at the time of the child's birth, and if the mother had previously been physically present in the United States or one of its outlying possessions for a continuous period of one year.

 

[Huracan]

I agree with Jackolantern, that seems to be the article of the law that better applies to your situation. This is of course no legal opinion, just my personal opinion.

 

[Jackolantern]

They cannot just "take" him, but you may want to consult with a Canadian family attorney to see what custody laws are.

Ever heard of the saying "possession is 9/10 of the law"?

The law won't stop them from taking the child. If they get their hands on him, they can physically take him and she won't get him back until and unless she wins the legal case that pursues. If there is any fear of him being taken like that, she simply shouldn't let the child be in their presence for a second without other people (who are on her side) in the room, regardless of what the law says.

If the child is in Canada but not brought into their physical possession, the father could possibly get a court order to stop her from taking the child back to the US until the custody battle is sorted out. So she needs to be sure the law won't let that happen if she ever decides to bring the child to Canada.

 

[Jackolantern]

I have a N-600 form filled out and ready to send in. Is this the first step? Or can I just apply for a passport instead?

The passport is sufficient. But it is still good to have the N-600; if you don't want to spend the money now, it's something you can remind your son to get it on his own when he grows up (if he wants to), so he can have an underlying citizenship document that doesn't expire and is independent of your documents. If you lose your passport, you'd fall back to your birth certificate if you need to prove citizenship and/or get another passport. If he loses his passport, he may have to fall back to your birth certificate or passport, if he didn't get his own citizenship certificate via N-600.

 

[TheRealCanadian]

Ever heard of the saying "possession is 9/10 of the law"?

Ever heard of the kidnapping or custodial interference sections of the Criminal Code?

I do agree with you, however, that determined individual can cause much mischief and it would be of great value to have a US judge determine custody and support prior to any travel.

 

[Jackolantern]

Ever heard of the kidnapping or custodial interference sections of the Criminal Code?

Yes, and so? Who says the father knows or cares about that? Winning a court case 2 years later doesn't bring her back the 2 years without her son.

I do agree with you, however, that determined individual can cause much mischief and it would be of great value to have a US judge determine custody and support prior to any travel.

The baby is a Canadian citizen, and so is the father. Once that baby enters Canada, the Canadian courts and Canadian law will matter more than what any US judge says.

 

[LolaLi]

You might also want to check this page:

http://travel.state.gov/law/info/overseas/overseas_703.html

I assume you took your son to the US under a Canadian passport. Anyway, this is not very relevant to your issues. I was trying to think about the hypothetical that if your son is not a US citizen and came here without visa, for a limited number of days and is out of status, but is a minor, how would that affect the chances of obtaining a Green Card. Anyway, I don't think any of this applies to your case. Your child is most likely a citizen.

Her son is a US Citizen in this case as it appears the grandmother is an American as well. The Child Citizenship Act of 2000 allows for derivation from parents OR grandparents. So in this case if the mother cannot fulfill the required time in the USA prior to the child's birth, they can use the grandparents time.

I would advise the poster to apply for a US passport immediately and submit an N-600 application as well.

The only problem I see arising is the question of sole custody. If this was birth out of wedlock and the father made no claims at the time of birth - and is not listed on the birth certificate - then the mother has sole custody. However, you may want to clear this up.