In this article, we take a look at the general process and the challenges faced by U.S. Citizen minor children (under 16 years) to obtain or renew a U.S. passport while in India.

General Process for application to obtain or renew a minor U.S. Passport

One should first schedule an appointment online, using the American Citizen Services appointment system. The applicant murst complete Form DS-11 online. Generally, both parents are required to accompany the minor child and provide all supporting documents. After review, if the consular officer is satisfied with the supporting documents and information presented along with Form DS-11, the U.S. passport is printed and delivered in 7 to 10 business days to the applicant through FedEx. Alternatively, the applicant may choose to collect the passport in person. More information about the application process can be found here.

Challenges That Could Be Faced By Applicant(s)

Process to Be Followed When One of the Parents Is Not Accompanying the U.S. Citizen Minor Child

The general rule is that both parents must appear in person along with the minor child for the appointment for issuance / renewal of U.S. passport. If one of the parents is unable to accompany the child for the appointment, on account of extraordinary circumstances, then s/he should provide her/his consent to issue U.S. passport for the minor child in her/his absence. In such circumstances, the non-applying parent must send a signed and notarized form DS-3053 (Statement of Consent) along with the parent accompanying the child for the U.S. passport appointment. 

Challenges Faced When Only One Parent Accompanies the U.S. Citizen Minor Child

It could be a challenge if one of the parents of the U.S. Citizen child does not provide the form DS-3053, or if it is unobtainable.  The U.S. Embassy / Consulate will generally not issue a passport to the child under these circumstances, unless the parent applying for the child’s passport has sole custody of the child from a competent court. Under certain circumstances, the U.S. Embassy / Consulate may accept DS-5525 (Statement of Exigent / Special Family Circumstances) along with Form DS-3053 with credible evidence that the applying parent is solely responsible for the U.S. Citizen minor child’s welfare and that the non-applying parent has abandoned the child and not taken any responsibility for the care or attention of the child. 

Conclusion

Applicant(s) should note that the consular officer can exercise his/her discretion while adjudicating such application(s) for minor child’s U.S. passport. In circumstances where consent of one of the parents is not obtainable, the applying parent should remember that it is almost impossible to obtain or renew a U.S. minor child’s passport. This is even more difficult in situations where the non-applying parent is a U.S. citizen. Attorneys at Murthy Immigration Services are available to advice / assist with the above process.