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Canadian soon to be mother with American father..citizenship of baby??

canuck_in_uk

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Actually as the mother; it is exactly all good mothers jobs to do so. And the courts will see that too. My question was In regards to which country it would end up having to take place in. So unless you actually have any legal knowledge with facts on the situation....this conversation is nothing but opinions. I'm looking for legal facts around the issue at hand.
I gave you a legal fact. As the mother, you don't have any right under the law to deny him his right to his child. That is for the courts to decide.
 

jtmagx

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May 16, 2019
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Hi, i am in almost the exact same situation as the original gal in this thread, and at first it might have been my girlfriend but then there was one small difference, I’m not threatening to come take baby, and me and the Canadian mother are BF and GF. But, i have had some legal trouble recently, no felonies, and my arrest record looks worst than it really is because i wasn’t charged with a lot of the arrests I’ve had. My questions are... I’ve never had a problem getting into Canada, but last time i went they were a little concerned of my record and wanted me to bring all kinds of proof things were dismissed before i come again, i haven’t been back since and actually had a warrant in meantime, and since then i took a plea to a misdemeanor, am on unsupervised probation, and currently working out a huge misunderstanding so there’s a warrant for my arrest but it should be taken care of tomorrow morning , the warrant anyways... but won’t be settled for a month or 2. I haven’t met my son yet, and i want to so so bad, by I’m pretty sure with a warrant I’m not getting in to country. my GF and her family probably think I’m the worst person for not being there, i haven’t told them about my record but really want to visit. So since my son was born to a Canadian in Canada , do i have any rights to either enter Canada regardless of history, and am i given dual citizenship or can i apply for it and what are the chances? What are the facts regarding dual citizenship not just for me to Canada, but her to US? THANK YOU IN ADVANCE!
 

canuck78

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Jun 18, 2017
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Hi, i am in almost the exact same situation as the original gal in this thread, and at first it might have been my girlfriend but then there was one small difference, I’m not threatening to come take baby, and me and the Canadian mother are BF and GF. But, i have had some legal trouble recently, no felonies, and my arrest record looks worst than it really is because i wasn’t charged with a lot of the arrests I’ve had. My questions are... I’ve never had a problem getting into Canada, but last time i went they were a little concerned of my record and wanted me to bring all kinds of proof things were dismissed before i come again, i haven’t been back since and actually had a warrant in meantime, and since then i took a plea to a misdemeanor, am on unsupervised probation, and currently working out a huge misunderstanding so there’s a warrant for my arrest but it should be taken care of tomorrow morning , the warrant anyways... but won’t be settled for a month or 2. I haven’t met my son yet, and i want to so so bad, by I’m pretty sure with a warrant I’m not getting in to country. my GF and her family probably think I’m the worst person for not being there, i haven’t told them about my record but really want to visit. So since my son was born to a Canadian in Canada , do i have any rights to either enter Canada regardless of history, and am i given dual citizenship or can i apply for it and what are the chances? What are the facts regarding dual citizenship not just for me to Canada, but her to US? THANK YOU IN ADVANCE!
Having a Canadian child definitely doesn't give you dual citizenship. Gives you nothing actually. You continue to be an American.
 

scylla

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Hi, i am in almost the exact same situation as the original gal in this thread, and at first it might have been my girlfriend but then there was one small difference, I’m not threatening to come take baby, and me and the Canadian mother are BF and GF. But, i have had some legal trouble recently, no felonies, and my arrest record looks worst than it really is because i wasn’t charged with a lot of the arrests I’ve had. My questions are... I’ve never had a problem getting into Canada, but last time i went they were a little concerned of my record and wanted me to bring all kinds of proof things were dismissed before i come again, i haven’t been back since and actually had a warrant in meantime, and since then i took a plea to a misdemeanor, am on unsupervised probation, and currently working out a huge misunderstanding so there’s a warrant for my arrest but it should be taken care of tomorrow morning , the warrant anyways... but won’t be settled for a month or 2. I haven’t met my son yet, and i want to so so bad, by I’m pretty sure with a warrant I’m not getting in to country. my GF and her family probably think I’m the worst person for not being there, i haven’t told them about my record but really want to visit. So since my son was born to a Canadian in Canada , do i have any rights to either enter Canada regardless of history, and am i given dual citizenship or can i apply for it and what are the chances? What are the facts regarding dual citizenship not just for me to Canada, but her to US? THANK YOU IN ADVANCE!
As said above, having a Canadian citizen baby does not give you any rights in Canada. It does not award you dual citizenship. It does not give you the right to enter Canada. Based on the information you've provided, it sounds like you are inadmissible to Canada right now. If you have a warrant against you, high likelihood you can't enter. Strongly recommend that you engage a good Canadian immigration lawyer who can look through your history and assess your situation. And hopefully you have a very good criminal lawyer working for you in the US to get the warrant dropped.

To have the right to enter Canada, you need to be a permanent resident (you have to become a PR first before you can qualify for citizenship). Easiest way for this to happen is for your girlfriend to sponsor you once you are either married or have lived together for a year continuosuly. However your arrest record could be an issue in qualifying. Very very strongly recommend you be 100% honest with your girlfriend about all of this including the warrant and arrest history. You'll need to get police certificates when you apply for PR, so all of this history will be apparent and will come out. Don't hide it.

Same goes for your girlfriend, she is not entitled to US citizenship or to enter the US. You would need to sponsor her for a green card in order for her to have the right to enter and live in the US.