Ask the Consul 82

My husband will be traveling to the U.S. soon and I need to renew our child’s U.S. passport which is going to expire.  Should I wait until the passport is expired, or may I renew it before he leaves?

The U.S. Embassy recommends that you renew the passport before it expires.  There is no need to wait. If there is less than six months remaining validity, then you should renew it right away.  You can schedule an appointment online with the U.S. Embassy’s American Citizen Services unit by visiting http://georgetown.usembassy.gov/acs.html and following the onscreen instructions under “ACS Appointment System.” All children under age 16 must appear in person and be accompanied by both parents. Three items are required to renew a passport: 1) the child’s previous U.S. passport; 2) the child’s original birth certificate or Consular Report of Birth Abroad; and 3) photo identification for both parents. If the U.S. Embassy approves your child’s passport application, then it will be sent to the United States for processing; you should expect your child’s new U.S. passport approximately seven days after approval by this Embassy.

My child’s U.S. passport expired after their arrival in Guyana.  Can she return to the U.S. with that passport?

U.S. law requires that U.S. citizens enter and leave the United States on a valid U.S. passport.  If she is currently in Guyana, then you should immediately make an appointment at the U.S. Embassy to renew her passport. Children under age 16 will need to appear in person with both parents.  If only one parent is in Guyana, then an original, notarized statement of consent from the second parent authorizing passport issuance for your child must be presented. You may use form DS-3053, Statement of Consent, for this purpose.

My child has both a Guyanese and a U.S. passport.  Which one should he use?

U.S. citizens are required to travel into and out of the United States on a valid U.S. passport.  The Government of Guyana will determine what passport should be used to enter or depart Guyana.

Can I obtain a U.S. visitor visa for my child who was born in New York?

No.  Your child is likely a U.S. citizen by birth in the United States.  As such, your child will need to have a U.S. passport in order to travel to and from the United States.  Please consult www.travel.state.gov for requirements for applying for a U.S. passport, or make an on-line appointment with the U.S. Embassy’s American Citizen Services unit, described above.

My 12-year old son migrated to the U.S. on an immigrant visa two years back to live with his father, who is a naturalized U.S. citizen.  My son is now back in Guyana staying with me, can he get a U.S. passport?

Your son may have acquired U.S. citizenship when he entered the United States on an immigrant visa sponsored by his U.S. citizen father.  Under the “Child Citizenship Act of 2000,” your son must have resided in the United States as a lawful permanent resident (have a U.S. green card) and must have been in the legal and physical custody of his father while in the United States.  The U.S. Embassy recommends that you make an appointment to apply for a U.S passport for your son. You will need to present his Guyana passport, along with evidence that he lived with his father in the United States, including his school records. All other requirements for applying for a U.S. passport must also be met.  If your son is currently in the United States, he may be eligible for a Certificate of Citizenship.  In that case, he should apply at the nearest office of the Bureau of Citizenship and Immigration Services of the U.S. Department of Homeland Security.  That document may then be used to apply for a U.S. passport.

I am a U.S. citizen planning to bring my 10 year old U.S. citizen niece with me from Guyana to the United States this summer.  Is there anything I need to do?
In an effort to prevent international child abduction, many governments have initiated procedures at ports of entry. These often include requiring documentary evidence of relationship and permission for the child’s travel from parents or legal guardians if they are not present.  Having such documentation on hand, even if not required, may facilitate your travel. You should therefore obtain notarized consent from your niece’s parents authorizing you to be her legal guardian for purposes of travel.
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“Ask the Consul” is a fortnightly column from the U.S. Embassy answering questions about U.S. immigration law and visa issues. If you have a general question about visa policy please email it to us at AskGeorge@state.gov.  We select questions every other week and publish the answers in Stabroek News and on our website at http://georgetown.usembassy.gov/guyana/ask_con.html.  For more information about visas please see http://www.unitedstatesvisas.gov or http://georgetown.usembassy.gov/.

Other than the questions we select, we DO NOT respond to questions sent to Ask the Consul. Please contact the visa inquiries unit (email visageorge@state.gov or call 225-7965 between 8 am and 4 pm Monday through Friday) if you have questions about a specific case.