Renewing a Peruvian Passport vs Having a Peruvian Passport Issued

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One of my most popular posts of all time is how to get Peruvian citizenship. Getting a Peruvian passport (once you get citizenship) is a fairly straightforward process and they are valid for 5 years. If you're in Peru, you can get it within a day. Once you get your first passport, there are two options for the next passport you get: you can renew your current passport or having a passport issued. I personally always make sure my passports are valid. You never know when you will travel to Peru! And being a Peruvian will get you discounts at Machu Picchu.


There are different steps and outcomes for renewing a Peruvian passport whether you're in Peru or abroad.

• If you're in Peru, they will simply turn your passport over and open it up. On the last page they will add a new front page with your photo and data. 
• If you're abroad they will find the first blank page and put an ink stamp it in, wrote down the necessary information, and then put some postal stamps in it that represent the fee you paid. 
• The pros of this are that if you're abroad you don't have to wait 3 months for a new passport or get a new photo taken. This option is also a little bit cheaper than getting another passport. 
• The cons are that when you travel, immigration officers open up your passport and think it's expired. 

Having a Peruvian passport issued is the same as when you get your first passport. You will get a whole new passport.

• The pros are that you can update your photo and don't have to deal with confused immigration officers.
• The cons are that it's more expensive (by just a little bit) and that if you're abroad be prepared for it to take 3 months (more if there are holidays). 

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Custody vs. Parental Rights and International Child Abduction

From wilentz.com

Updated 17 October 2017

I've gotten two emails in the last month about this topic so I thought I'd write a blog post about it. I am not a lawyer and this is not meant to be construed as legal advice. Always remember to get everything in writing whether dealing with your lawyer or the other parent.

International Parental Child Abduction
This is a form of kidnapping is becoming more common and getting your child back, especially across international borders, can take a long time and cost a lot of money. See Expat Stuck Parent for stories about parents who are locked from taking their children back to their home countries. You can also read what the Hague Convention says about International Child Abduction.

Parental Child Abduction Information for Americans
If you're American, the State Department can help and they have a website where you can file your case. They have a program called the Children's Passport Issuance Alert Program which will alert the parent(s) for children under 18 if someone tries to apply for a passport for that child. The FBI and the Department of Justice also have information.You can also call 1-888-407-4747from the US or Canada or 1-202-502-4444 if you're overseas.

Travelling With Your Child
If only one parent travels with their child, they will need proof of permission from the other parent if they have shared custody. If they have sole custody, they will need copies of the divorce decree. If the other parent has passed away, they will need a death certificate. If only one parent is on the birth certificate, bring the birth certificate. If you fear that your ex may try to take your child without your permission, here are somethings you can do.

Getting an American Passport without the Other Parent's Permission
If you share legal custody, then in the case of schooling, travel, medical decisions, etc, both parents usually must sign off. There are exceptions to this rule. For example, to get an American passport, you need both parents' signatures if they share legal custody. If you can't get the other parent's signature you can fill out form DS 5525. Explain the situation in as much detail as possible and get documentation, such as phone records, emails sent, Skype, certified mail, etc.

If there is a step-parent involved and they can prove that they're in loco parentis, then they can sign. So if you have physical custody and have re-married, your spouse may be able to sign by showing they have supported your child. This can be proven through rent or mortgages, school records, insurance records, etc. I know people in the military have showed their step-child was their dependent in DEERS and were able to successfully get a passport that way.

If you're in this situation where you can't get the other parent's signature, prepare as many documents as you can. Do BOTH form DS 5525 and see if your spouse can sign. The more documentation you have the better the chance you have of getting a passport. I've found that people issuing American passports are very sympathetic. If you can show that you've made effort to contact the other parent then you can usually sign the passport application without the other parent's permission. Likewise, if you can show your spouse is in loco parentis, they'll be able to co-sign with you.

Allowing Both Parents to Raise Their Kids 
It's usually in the child's best interest to have access to both parents. This is done through:

• Physical custody
• Legal custody
• Visitation rights
• Parental rights

Custody
Child custody battles are common. Here are some tips to help you get through it. What every woman should know about custody is very informative. Remember to record everything and/or get it in writing. Ecamm, for example will allow you to record Skype conversations since sound recordings are submittable as evidence in court proceedings. Make sure you honor the custody agreement. Interference with the parental rights of the non-custodial parent, Parental Alienation Syndrome (PAS) is a serious crime and may cause you to lose custody and/or parental rights.

Divorce is common nowadays and with it comes child custody issues. There's two types of custody: legal and physical. Physical custody is whose home the child lives in and legal custody is who makes decisions about the child's well-being. Is your ex a  horrible person? Joint custody with a jerk has some good tips. Some type of joint or shared custody is often preferred in the USA instead of sole custody, except for cases where it would endanger the child. A mother may get sole (or primary) physical custody over her child, but both parents would share legal custody.

In the case of schooling, travel, medical decisions, etc, both parents usually must sign off. There are exceptions to this rule. For example, when the other parent can't be located or when there is someone acting as in loco parentis. Let's say you re-marry and your spouse has been caring for your child. They'd be in loco parentis. This can be proven through rent or mortgages, school records, insurance records, etc. If they're in the military and have registered their step-child in DEERS, it's even easier to prove in loco parentis.

Here is some recommended reading about custody:

• Co-parenting with a toxic ex
• Divorce poison: how to protect your family from bad-mouthing and brainwashing
• Joint custody with a jerk
• The high conflict custody battle
• What every woman should know about custody 

Visitation Rights
Just because one parent has sole physical custody does not mean that they other parent doesn't get visitation rights. There are three types of visitation rights: no visitation, supervised visitation, and visitation.

Narcissistic or Borderline Personality Disorder
If you're dealing with someone with these issues, remember to remain calm. Losing control is what they want you to do. Get everything in writing or record it. These types of people are good at manipulation (they can turn anyone against you, even your own lawyer) and projecting (seeing others as they are seen). For example, if they cheated, they believe that you'll cheat on them or even worse, they'll accuse you of narcissism. Here is some information about narcissism.

• 9 signs he is a narcissist
• 10 signs you're in a relationship with a narcissist 
• 15 signs you're dating a narcissist
• 16 clear signs you're in a narcissistic relationship
• 30 red flags you might be dating a narcissist
• 50 ways to tell if your partner is a narcissist
• Becoming the narcissist's nightmare
• Divorce poison: how to protect your family from bad-mouthing and brainwashing
• How to know if you're in a relationship with a narcissist
• Identifying a narcissistic sociopath 
• Narcissistic women
• Rethinking narcissism
• The wizard of Oz and other narcissistics
• What is it always about you? 
• What makes narcissists tick (a 500 page PDF)

My advice to you would be to educate yourself and distance yourself both physically (if possible) and emotionally from this person.

Parental Rights: General Information
Once a mother's and father's name is written on the child's birth cert, they get parental rights. Once parental rights are taken away from someone, a new birth certificate will be issued without that parent's name on it.

Terminating parental rights is a major affair and can take years. It is not something to be taken lightly and is considered to be a last resort. There has to be a solid reason for terminating parental rights. Below you can find some reasons for terminating parental rights. There are two ways to terminate parental rights: voluntarily or involuntarily. While some parents may willingly give up parental rights temporarily or permanently, many parents refuse to do so and courts have to get involved. If a parent is not involved, but refuses to give up parental rights, some parents will agree to sign over rights if you waive back child support, back medical expenses, future counseling costs, cost of supervised visitation, and letters from medical professionals saying that not terminating parental rights would cause permanent emotion and mental damage to the child. This is not a complete list. Please contact the court that has jurisdiction over your area.

One (or both) of the parents . . .

• is in prison due to committing a serious crime
• is a sex offender
• is mentally unstable
• has abandoned the child
• has not had contact for a minimum amount of time (usually 6-24 months)
• is a drug abuser or alcoholic
• is a threat to the child's well-being
• hasn't paid child support
• has signed over their rights

Parental Rights in Peru
Here's information about parental rights (patria potestad) for Peru. That link has since been taken down, but here's a new one for patria potestad. It is not legal to sign over your rights in Peru. They can only be taken away during exceptional circumstances, such as being convicted of a crime. FYI: not paying child support is considered a crime in Peru. Parental rights can be temporarily taken away until the parent pays. Their salary or wages can also be garnished if they refuse to pay. Parental rights are taken away once the child becomes 18 or the parent dies. Contact a lawyer for more information.

Parental Rights in the USA
Unlike Peru, in the USA you can sign over your rights or they can be involuntarily terminated. The courts also might step in and adjudicate the termination of parental rights and assert jurisdiction over custody cases. Each state has different requirements so be sure to read the information thoroughly. Here's the information for termination of parental rights in Texas and adoption in Texas, for example.

Usually the courts will not involuntarily terminate a law-abiding parent's rights unless someone else agrees to adopt the child (if they're under 18), such as a step-parent (here are step-parent adoption forms for each state). You usually have to notify the other parent if you want to terminate their rights. You can do this by having someone from the court or police serve them the petition, publish an ad in the paper, or send the summons via certified mail. However, there are many exceptions so you may want to contact a lawyer.

It can be very expense, but many employers, such as the US military, UPS, ServiceMaster, ARAG, Hyatt Legal, and MetLife will offer adoption assistance. The IRS also has information about qualified adoption expenses and the top 10 facts about adoption tax benefits.

If the person wanting to be adopted is over 18 then it's simply a matter of signing papers at the court house. For example, if a child wishes to take away their father's parental rights and the child is 18, then the father doesn't even have to be contacted.

In conclusion
When getting a divorce or separating the court will make a decision based on what's best for the child. Being spiteful and getting revenge can only do harm and not good. If you're living in Peru and have registered your marriage in Peru, you should also register your divorce there or get divorced again. You may have to notarise, legalise, or apostillise documents. Contacting lawyers in Peru can help.

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Reader Request: Alternative Ways to Get Residency in Peru Besides Marriage

From blog.smalltownkid.net

Updated 30 April 2017

About once a month I get an email from someone asking me how in the world they can get residency in Peru. Usually it's due to the fact that a significant other in Peru, but they don't want to or aren't able to get married.

One tip to remember is that speaking Spanish will help you greatly. You'll be treated differently than if you speak English all the time, it'll help you assimilate to the culture, and you'll be able to communicate easier.

The good news is that after three years of residency you can apply for inmigrante status (permanent residency) or become a Peruvian citizen.

Here are some other alternatives to residency besides getting married.

1. Get a work visa. If you can score an expat package, all the better.
2. Start your own business. It'll get you a visa. You'll need $30,000 and there's a lot of paperwork involved.
3. Get a student visa. You will be able to work part-time as well. married.
4. Get a retirement visa. You'll have to prove a steady source of income, not from a job. (ex, government retirement scheme, private retirement scheme, etc.)
5. Get a family visa. If you have children that were born in Peru, they can become Peruvian citizens. If your kids are Peruvian, you might be able to get a visa through them. Get a lawyer. I've heard it's possible, but don't know anyone who has done it.

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Permission for Children to Travel with Only One Parent

Updated 8 January 2017


Children travelling alone, with someone else, or with just one parent may need a notarised letter of consent from the other parent if they share legal custody. You can also read more about custody at HCCH.

If you're an American and trying to figure out how to get a passport without the other parent's permission, read the post about custody vs. parental rights and international child abduction.

Some people have taken their kids and never been asked for a permission letter, others have been grilled with questions. I personally would just get one to be on the safe side.


If Both Parents Have Custody
This rule is for when the couple is married or if the other parent has officially recognised the child as being his/hers. This means that BOTH parents are on the birth certificate.

1. A recent apostillised birth certificate for your child. If it's not in Spanish, it will have to be officially translated into Spanish.
2. A notarised letter. See Letters to immigration for the format. (If the child travels outside of Peru alone, both parents will have to sign the letter. If the child is travelling with one parent, then the other will have to sign the letter.) Here's an example of a permission to travel letter.

If Only One Parent Has Custody

1. When only one parent is on the birth certificate: You will need a notarised and apostillised copy of the birth certificate. I would also bring the original birth certificate.
2. When both parents are on the birth certificate: You will need proof that you have sole custody. Here's an example for a parent with sole custody. 
3. When the other parent has passed away: For a widow(er), there are exceptions, you either present your ID showing that you are a widow(er) or bring a death certificate. The death certificate should probably be apostillised and translated as well.

Example Consent Letters

• Canada has one
• Look at the one below

Consent Letter
I, (person not travelling), am the lawful (mother / father / guardian) of (child's name). I declare the following:

Minor child's details:
(Child's name) was born on (DOB) in (place). She holds a (name of country) passport with number ______________ valid from __________ to _____________ and issued by ________________.

The aforementioned child has my consent to travel with:
(His / her) (mother / father / teacher / etc) (Person's name), was born on (DOB) in (place). She holds a (name of country) passport with number ______________ valid from __________ to _____________ and issued by ________________.

The aforementioned child has my consent to travel on the following flights:
Place, date, flight info for each flight.

Any questions regarding this consent letter can be directed to:
Name of person giving consent
Address
Cell
Email
Person giving consent
Signature
Name
Date

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Babies born in Peru

Updated 11 April 2017

Below you can find a variety of information about what happens when you give birth in Peru.
 
Giving Birth in Peru
Look at the Medical Section for info about hospitals and doctors. Due to Peru's laws, children in Peru can become Peruvian citizens, even if their parents aren't. It's not mandatory that a child born in Peru become a Peruvian, it's optional. If you would like your child to become Peruvian, there are certain steps that need to be followed and you have 30 days to complete them.

Dual citizenship depends on your home country. Peru always it. Holland doesn't, UNLESS parents of a child hold 2 different citizenships, like Peruvian and Dutch. If this is your case, then your child can become a dual citizen, if you'd like them to be. Check with your embassy to make sure. There are also two very good websites you should read about dual citizenship. The first is RichW and the second is Multiple Citizenship.

You might want to look into getting a labor doula. Doulas really are amazing. They have been shown to have very positive benefits and can also help the mom and baby after the birth. As far as breastfeeding go, LLL (La Leche League) is in Peru and you can find more info on their Facebook page.

Registration at RENIEC
First you will need your baby's birth certificate. Please double check all info on the birth certificate, names, dates, etc. Changing information is very very difficult and involves a court of law. With that birth certificate and you and your spouse's / partner's ID (passport, CE, or DNI), you will have to go to RENIEC and register your baby.

Both you, spouse/partner, and baby need to be physically present at RENIEC. If you would like, you could also get a DNI for minors at RENIEC. Instructions can be found here. It's strongly recommended that you register your baby at RENIEC, if you want the baby to be Peruvian, within 30 days. If you take longer than that, be prepared to fill out much more paperwork and explain why you didn't go within the first 30 days.

Peruvian Passport
Once that's done, you can get your baby a passport. You can do this at any time, it doesn't have to be done in the 30 day time frame. You'll have to do this at Migraciones. You will need the baby's birth cert (issued within 6 months from the date you are applying for the passport) or the baby's DNI for minors. You will also need the original ID of one of the parents, either a passport, CE, or DNI. You will have to make copies of all these documents and go in person with the baby.

Basic Citizenship Information
Your baby's citizenship usually depends on yours. If you are a citizen of X country, then usually your children will be too, as long as you fulfill the requirements. See your embassy's website for more info. Check out the citizenship laws of the world website as well. Here's a Reuter's article about citizenship that you might find useful.

Canadian Citizenship
Here's info on Canadian citizenship for your child. This is what the Canadian government has to say.

First generation born abroad: Children born to Canadian parents in the first generation outside Canada will only be Canadian at birth if:

• one parent was born in Canada OR
• one parent became a Canadian citizen by immigrating to Canada and was later granted citizenship

Second generation born abroad: Basically, because of changes to the Citizenship Act that took effect April 17, 2009 someone born abroad to a Canadian citizen who was also born outside the country will no longer be able to pass on Canadian citizenship, unless they happen to have children with someone who was born in Canada or who emigrated there and acquired citizenship.

"A person born outside Canada with even one Canadian parent – call that person a second-generation Canadian – will be able to claim Canadian citizenship. That much has not changed. But what has changed is what happens to the children of that second-generation Canadian. Under the old rules, the children born to Canadians who had themselves been born outside the country were still eligible for Canadian citizenship. They just had to lay claim to our nationality before age 28 and live in this country at some point.

Now those children of second-generation Canadians will not have an automatic right to Canadian citizenship at any age. They will have to be sponsored by their parents to come to Canada as permanent residents, then apply for citizenship inside the country.

In general, if your children are born in Canada, they will be Canadian. If your children are born outside Canada on or after April 17, 2009, they will be Canadian only if their other parent was born in Canada or became a Canadian citizen by immigrating there as a permanent resident and subsequently being granted citizenship (also called naturalization). If your children are born outside Canada while you are working outside Canada for the Canadian government, a Canadian province, or serving outside Canada with the Canadian Forces, they will be Canadian. (This exception does not apply to Canadians employed as locally-engaged staff outside the country.)"

American Citizenship
A common mistake people make is that they think that America doesn't allow dual citizenship, they do. They just don't encourage it. And a dual citizen ALWAYS has to enter and leave American soil on an American passport. Passing down US citizenship means that parents have to fulfill certain requirements.

If you want your child to be able to vote, be sure to check out the US requirements since not all Americans have the right to vote.

If you want your child to get American citizenship, you will have to call and make an appointment with the embassy. I know that you can do this in Lima and Cusco. Before the appointment, you MUST have all the paperwork ready. So you will have to go to the Embassy twice, once to get the paperwork and once for the appointment with both parents and the baby. Make sure you get a couple of copies of the birth certificate since the embassy will keep a copy.

You have 30 days after your baby's birth to register your child's birth at the embassy. (on the US embassy website it doesn't say 30 days, it just says "as soon as possible" However, people who have waited longer than 30 days have had to fill out more paperwork and explain why they didn't come sooner.) Try reading this post about US citizenship for children born in Peru. The good news is that you can apply for the SSN, birth cert and passport at the same time. More info is available from the US Embassy. (If you decide to get Peruvian citizenship for your child, first you have to do the Peruvian paperwork, then the American paperwork.)

In addition to the forms that you will fill out, you will need evidence of citizenship. A checklist can be found on the US Department of State's website. You will have to prove that you or your spouse/partner has lived in the US. And you have to prove this through passports, or transcripts if you studied, or work papers if you work. The forms that you will have to fill out are long, so you must do them before you go to the embassy. They want a complete history of where you lived and worked along with your parents' information like where they were born and where they lived. You will also need evidence of your marital status (if applicable) or affidavits of a relationship and evidence of you and / or your spouse's / partner's residence and physical presence in the United States. If either of the baby's parents were previously married they want all the associated paperwork of the divorce.

You will be given a “Consular Report of Birth Abroad” (Form FS-240, which is proof of U.S.
citizenship). (NB: “Certification of Report of Birth” (Form DS-1350) will no longer be issued after 31 December 2010. After your child is registered, you can get copies by sending a written, notarized request to the State Department.

Vital Records Section
Passport Services
1111 19th Street, NW, Suite 510
Washington, DC 20522-1705
202-955-0307

Below you will find the four different requirements for US citizenship according to US Citizenship and Immigration Services INA: ACT 301 [8 U.S.C. 1401] and INA: ACT 309 [8 U.S.C. 1409] . Please bare in mind that the info on the US embassy's website ONLY states the cases for MARRIED couples. I really don't know why they don't have info for unmarried couples. For unmarried couples the physical presence time requirement is less. On the US embassy's site they say that for one US parent and one foreigner, the US parent has to have spent 5 years in the US, but this is not true for children born to unmarried parents. If you are unmarried and fulfill the requirements listed below, your child has a right to become an American due to the US Citizenship and Immigrations Services. You can find the requirements at the US Department of State's website and below.

• Both parents (married or unmarried) are American: If both parents are American, then your baby is automatically American, as long as one parent has lived in the US for any amount of time, there's no time limit. See US Citizenship and Immigration Services INA: ACT 301 [8 U.S.C. 1401] section C.
• Married parents, one is American: If you're married to a foreigner, then you have to had lived there for 5 years, with 2 of the years being after age 14. See US Citizenship and Immigration Services INA: ACT 301 [8 U.S.C. 1401] section G.
• Unmarried parents, the father is American: As long as the father is American at the time of birth, says in writing that he will financially support the child, is the father of the child, has been physically present in the US for 5 years (2 after the age of 14) and the child is under age 18, the child is American. See US Citizenship and Immigration Services INA: ACT 309 [8 U.S.C. 1409] section A.
• Unmarried parents, the mother is American: The mother must have been physically present in the US for a continuous period of a year. See US Citizenship and Immigration Services INA: ACT 309 [8 U.S.C. 1409] section C.
• Citizenship through grandparents: If the American parents don't fulfill the requirements, then a grandparent can apply for citizenship on their behalf. To do this, the grandparent must have been physically present in the US for at least 5 years, 2 of those must be after the age of 14. See section 332 of the INA for more info. Look at number 13 on page 4.

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