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thementor

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Jan 30, 2020
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Hi everyone,

My wife and I are Canadian Permanent Residents who recently moved back to Canada from the U.S. We’re currently in the U.S. in non-immigrant visas, and our baby is due very soon. We've decided to give birth here in the U.S., but we plan to return to Canada by land after hospital discharge after the birth.

Here’s the situation:
  • The baby will be a U.S. citizen by birth. We are not U.S. green card or U.S. citizens.
  • It can take 4 to 8 weeks to receive the official U.S. birth certificate, and we can’t apply for the U.S. passport until we have that.
  • We would like to travel to Canada by land with the newborn before the birth certificate and passport are issued.
  • We do plan to bring all hospital-issued documents such as:
    • Certificate of live birth from the hospital
    • Discharge summary
    • Possibly a letter from the attending physician or hospital
  • We’ll also carry our PR cards, our passports with U.S. visas, our marriage certificate and proof of residence in Canada (utility bills and apartment lease).
Has anyone here successfully returned to Canada under similar circumstances? Will CBSA accept hospital records in lieu of a passport or birth certificate for a U.S.-born newborn crossing by land with PR parents? Any advice, tips, or firsthand experience would be greatly appreciated.

Thanks in advance!
 
Seems like a tricky situation hope the border officers are understanding. Keep us posted on how it goes, this info could help a lot of new parents! You can refer here: Modhello.net
 
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Thanks. Sure, I will keep posted. I am reading mixed experiences online, especially Canadian and U.S. citizens with U.S. newborn do not appear to have problem with only hospital records, but most people say it really depends on the CBSA agent.
 
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Hi everyone,

My wife and I are Canadian Permanent Residents who recently moved back to Canada from the U.S. We’re currently in the U.S. in non-immigrant visas, and our baby is due very soon. We've decided to give birth here in the U.S., but we plan to return to Canada by land after hospital discharge after the birth.

Here’s the situation:
  • The baby will be a U.S. citizen by birth. We are not U.S. green card or U.S. citizens.
  • It can take 4 to 8 weeks to receive the official U.S. birth certificate, and we can’t apply for the U.S. passport until we have that.
  • We would like to travel to Canada by land with the newborn before the birth certificate and passport are issued.
  • We do plan to bring all hospital-issued documents such as:
    • Certificate of live birth from the hospital
    • Discharge summary
    • Possibly a letter from the attending physician or hospital
  • We’ll also carry our PR cards, our passports with U.S. visas, our marriage certificate and proof of residence in Canada (utility bills and apartment lease).
Has anyone here successfully returned to Canada under similar circumstances? Will CBSA accept hospital records in lieu of a passport or birth certificate for a U.S.-born newborn crossing by land with PR parents? Any advice, tips, or firsthand experience would be greatly appreciated.

Thanks in advance!

The fact that you
Hi everyone,

My wife and I are Canadian Permanent Residents who recently moved back to Canada from the U.S. We’re currently in the U.S. in non-immigrant visas, and our baby is due very soon. We've decided to give birth here in the U.S., but we plan to return to Canada by land after hospital discharge after the birth.

Here’s the situation:
  • The baby will be a U.S. citizen by birth. We are not U.S. green card or U.S. citizens.
  • It can take 4 to 8 weeks to receive the official U.S. birth certificate, and we can’t apply for the U.S. passport until we have that.
  • We would like to travel to Canada by land with the newborn before the birth certificate and passport are issued.
  • We do plan to bring all hospital-issued documents such as:
    • Certificate of live birth from the hospital
    • Discharge summary
    • Possibly a letter from the attending physician or hospital
  • We’ll also carry our PR cards, our passports with U.S. visas, our marriage certificate and proof of residence in Canada (utility bills and apartment lease).
Has anyone here successfully returned to Canada under similar circumstances? Will CBSA accept hospital records in lieu of a passport or birth certificate for a U.S.-born newborn crossing by land with PR parents? Any advice, tips, or firsthand experience would be greatly appreciated.

Thanks in advance!

A risky plan given your non-immigrant status these days. Also potentially an extremely expensive plan.
 
Hi everyone,

My wife and I are Canadian Permanent Residents who recently moved back to Canada from the U.S. We’re currently in the U.S. in non-immigrant visas, and our baby is due very soon. We've decided to give birth here in the U.S., but we plan to return to Canada by land after hospital discharge after the birth.

Here’s the situation:
  • The baby will be a U.S. citizen by birth. We are not U.S. green card or U.S. citizens.
  • It can take 4 to 8 weeks to receive the official U.S. birth certificate, and we can’t apply for the U.S. passport until we have that.
  • We would like to travel to Canada by land with the newborn before the birth certificate and passport are issued.
  • We do plan to bring all hospital-issued documents such as:
    • Certificate of live birth from the hospital
    • Discharge summary
    • Possibly a letter from the attending physician or hospital
  • We’ll also carry our PR cards, our passports with U.S. visas, our marriage certificate and proof of residence in Canada (utility bills and apartment lease).
Has anyone here successfully returned to Canada under similar circumstances? Will CBSA accept hospital records in lieu of a passport or birth certificate for a U.S.-born newborn crossing by land with PR parents? Any advice, tips, or firsthand experience would be greatly appreciated.

Thanks in advance!
Why not give birth in Canada? Cost you nothing and the kid will have a respectable nationality as well...
 
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Yes, I agree. I know you are very active in this Forum. If you find any similar experiences please let me know. Thanks.
There are different issues at play here - including what we don't know, which is why you have this plan at all. (Can you explain why?)

-in Canada, are you already here and residing and compliant with the residency obligation?

-US administration seems to be very actively against non-citizens and US permanent residents giving birth in US in order for children to acquire US citizenship. CBP seems to have full authority to do whatever they want. Anyone could speculate as to what may happen, but to predict with certainty would be difficult.

-What happens if the child is not admitted into Canada, and while waiting for US documents? (Will they issue the child a passport?)

-Who can guess about your insurance in USA in case of complications in Canada? Will it cover all that is needed?

Most of these are things that six-twelve months ago no-one would have thought of as things to worry about. Now, I would.
 
If from Ontario and recently moved (past 6 months) then you will also not have been compliant with the terms of OHIP if outside Ontario for over a month in the first 6 months and you would have to reapply. Hopefully you didn’t access healthcare through OHIP before returning to the US if that is the case.

Wouldn’t be surprised these days if birth tourism lead to a 10 year ban (or worse) from the US as the Trump government (ie. Miller) tries to find a way to change birth citizenship rules. That said Canada will be the victim of any US restrictions and should also address their birth citizenship laws. Already putting significant strain on our healthcare system in certain areas.
 
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-in Canada, are you already here and residing and compliant with the residency obligation?
Yes, we are moving end of this month. The last three months we have visited ON by land almost every other week. Only once we were sent to the Secondary where the Immigration Officer confirmed that we are still compliant with RO (only three years left).
-US administration seems to be very actively against non-citizens and US permanent residents giving birth in US in order for children to acquire US citizenship. CBP seems to have full authority to do whatever they want. Anyone could speculate as to what may happen, but to predict with certainty would be difficult.
I 100% agree with you. Fortunately, I have work visa in USA. So far traveling has not been an issue. I hope it says the same way. We are concurrently trying to get an appointment with a Ob/Gyn in Canada so that my wife can deliver on this side if necessary.
-What happens if the child is not admitted into Canada, and while waiting for US documents? (Will they issue the child a passport?)
(1) As of now, U.S. birthright citizenship remains in effect. If that continues, the child will receive a birth certificate and be eligible for a U.S. passport - no issues.
(2) However, if Trump's Executive Order is reinstated during delivery, it could complicate matters. In that case, we’d need to get the baby a passport from our home country and apply for a TRV to bring them into Canada from USA. Hopefully, this doesn't happen.
-Who can guess about your insurance in USA in case of complications in Canada? Will it cover all that is needed?
A U.S. born child typically qualifies for Medicaid during the first year, but it won’t cover care in Canada. Until she gets PR and becomes eligible for Canadian health coverage, we’ll need to purchase international medical insurance for emergency use only. For routine care and vaccinations, we’ll take her to the U.S.; we live close to the border, so that’s manageable for now. That said, we’re also re-evaluating whether all of this is truly worth the effort.

@armoured I truly appreciate your attention to this matter; your questions have made us re-think about the worthiness of this risky situation.
 
A U.S. born child typically qualifies for Medicaid during the first year, but it won’t cover care in Canada. Until she gets PR and becomes eligible for Canadian health coverage, we’ll need to purchase international medical insurance for emergency use only. For routine care and vaccinations, we’ll take her to the U.S.; we live close to the border, so that’s manageable for now. That said, we’re also re-evaluating whether all of this is truly worth the effort.
Obviously if the child is born in Canada, no issue, covered here. And if you move asap, I believe in Ontario you can still qualify for OHIP without a waiting period (do check as important).

Main issue will be whether you can get in proper order with an OB/GYN in time, as cutting a bit close.

Not my place to make a judgment as to whether any of this 'worth it.' In normal times, would be complicated enough - now, when not normal times, complications/risk not easily knowable.
 
Yes, we are moving end of this month. The last three months we have visited ON by land almost every other week. Only once we were sent to the Secondary where the Immigration Officer confirmed that we are still compliant with RO (only three years left).

I 100% agree with you. Fortunately, I have work visa in USA. So far traveling has not been an issue. I hope it says the same way. We are concurrently trying to get an appointment with a Ob/Gyn in Canada so that my wife can deliver on this side if necessary.

(1) As of now, U.S. birthright citizenship remains in effect. If that continues, the child will receive a birth certificate and be eligible for a U.S. passport - no issues.
(2) However, if Trump's Executive Order is reinstated during delivery, it could complicate matters. In that case, we’d need to get the baby a passport from our home country and apply for a TRV to bring them into Canada from USA. Hopefully, this doesn't happen.

A U.S. born child typically qualifies for Medicaid during the first year, but it won’t cover care in Canada. Until she gets PR and becomes eligible for Canadian health coverage, we’ll need to purchase international medical insurance for emergency use only. For routine care and vaccinations, we’ll take her to the U.S.; we live close to the border, so that’s manageable for now. That said, we’re also re-evaluating whether all of this is truly worth the effort.

@armoured I truly appreciate your attention to this matter; your questions have made us re-think about the worthiness of this risky situation.

Think you’re taking a huge risk applying for Medicaid if not living in the US even if your child is a US citizen. You would also have to prove you earned/earn under a certain income level as a family which is typically not the case on an H1B.

Edit: assume you may be talking about MIChild. A quick search shows that as I suspected you need to be Michigan residents to qualify and also need to be making under a certain amount of money as parents. Not sure how you would qualify if you have moved to Canada. You seem to be straddling 2 medical systems and by doing so may not qualify for either based on some of your suggestions. If you move to Canada then I’m not sure how your child will qualify for Medicaid as a non-resident with non-resident parents (income cut-off also maybe an issue) and if when you move to Ontario you can’t spend more than 30 days out of Ontario in the first 6 months or you don’t qualify for OHIP. If you attempt to have a child in the US you may be stuck there for over a month.
 
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