Replacing US passport with a long Cambodia visa overstay?

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terrifiedanimal
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Replacing US passport with a long Cambodia visa overstay?

Post by terrifiedanimal »

Can an American citizen replace his passport whilst being several years into a visa overstay? I realize he'll inevitably face jail time and deportation, but will the US embassy process his replacement passport before he faces Cambodia's immigration penalties?

My wife of 16 years has a cousin whose drug addict American husband has overstayed his visa for several years, at least. He left his passport in hock with some hospital when his son was born and he couldn't even pay the doctors. I'm pretty sure it's expired, too, because that birth was at least 4 years ago. The dirt-bag has gone feral out in the countryside, abandoning his estranged wife to struggle with their kids alone in Phnom Penh.

He wants to borrow money from my wife's family, and from me, to get registrations of birth abroad and US passports for those kids. It'll cost over $1000 for the kids' paperwork, plus another $150 or more for his replacement passport. For the sake of those kids, I'm willing to help with the expense, but I can't and I'm not willing to help that piece of garbage with his multi-year overstay. We're hoping the embassy will still process his passport, so that he can do that one thing for his kids. I expect he'll try to pocket the money, but he has the Covid stimulus payout as an incentive. It's over $10,000 for him and those kids. Also, we'll give the cash it to the cousin's older sister, who won't tolerate any bullshit and will make sure the money goes towards the kids' paperwork. She has plenty of leverage on him, and I trust she can handle him a lot better than her naïve little sister has done up until now.

I feel bad for those kids. Dad's already circling the drain and I think they should get their births registered before he completely wastes away and leaves them with no way to claim their citizenship to the US. They're in no position to utilize those passports and it won't make their lives much different, but seeing as how the two oldest are excelling in school, at least they'd have the option study abroad, or to work in the US or abroad without going through some usurious employment agency. I'd be happy to see that scumbag leave the planet, but not before his kids get their births registered.

I'm not even sure if all of the kids can qualify, since their dad lived abroad for so long before the last two kids were born. My own son was born in Phnom Penh, and I had to show that I had resided in the US some years before. That was 15 years ago, so I don't remember all of the details. Any info would be appreciated.
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John Bingham
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by John Bingham »

I don't believe that a person's visa status has any bearing on whether they can get a new passport or not. That's the department of Immigration's concern.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by Pseudonomdeplume »

I concur. He will get a passport renewal, regardless of the overstay, provided nothing else obstructs. Not sure what number "several" equals, but money talks the language of some, to avoid incarceration. Not sure about deportation. But, paying seems a non-issue
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by TWY »

A couple of things to consider.

1. I believe you now have to email the embassy with the application to set up an appointment. DS-2029 is the application for certificate of birth abroad. DS-11 is application for the child to get US passport (has to be signed by non-US person in person I believe).

2. He has to show 5 years of physical presence in the US with 2 of those years being after the age of 14. He will also have to submit a detailed listing of his physical presence and it should match his passport (though for myself they never checked - if you went to school (including university or college) then your pretty well set and its easy for them to check/verify if they desire.

3. The fee is $100 for the Certificate and $115 for the passport (for one child). If they require a DNA test that is when it gets expensive. The local nurses fee to collect samples at the embassy is about $75 and you pay the lab directly for the test. There is a list of approved labs and including Fedex each way I'm guessing $400-$700.

4. AFTER you get the Certificate Birth Abroad you can then apply for SS#. I don't know the current process or fees. All I remember is that I had to make a trip to a US SS office to get it processed as they had banned embassies from submitting copies of the paperwork! I couldn't believe it - it may have been changed since. (you could do this in Manila or in the US). Just be aware that until he gets the kids SS#'s they don't appear on his tax returns (assuming he's still sending those in) and I don't believe he'll be eligible to get any assistance until he's got the SS#'s. Then he'll have to file a tax return even if he owes no taxes to trigger the support payments (or I guess stimulus payments for the kids).

5. Once that is done, I believe that he'll be eligible for the $300 per month Congress has passed that should start in July of this year - but again I've just read this in passing so you'll need to do the legwork. I'd check with the IRS as to how to get the stimulus payments once this is all done - if the SS# issued after the payment date I wouldn't count on getting it.

6. In regards to his passport being expired. I'd call the embassy. The fee for a new passport is $145. I believe that if the passport is less than 15 years old he can use it to apply for a new one. If its more than 15 years old he'll need some additional documentation. Either way he has to appear in person at the embassy. I BELIEVE his visa standing (or lack thereof) has no bearing on getting a new passport. But the embassy will surely know better than I :) If he no longer has access to the passport then he needs to go and file a lost passport claim and get a new one and I'm not at all familiar with that process - again call the embassy.

Hope that helps a bit.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by terrifiedanimal »

Thanks Pseudonomdeplume, John Bingham and especially TWY for the comprehensive reply. That about covers it. The embassies being banned from issuing Social Security numbers could be problematic, but I'm not going to mention that to the sociopathic dad, as I'm pretty sure his only motivation is to get his hands on the stimulus payments and we only really care about the kids getting their passports. He can find out for himself, once the kids are properly registered.

The DNA testing will be expensive for four kids. The one AABB Accredited Relationship (DNA) testing facility that I looked into charges a flat fee of $620 per test. Nearly $2500 for 4 kids, in addition to the embassy fees. I expect that the DNA verification testing will be requested, given how obviously fucked up the guy is. This is adding up. I recommended we get the two oldest taken care of first, but the cousin tells me that the embassy refuses to do just two kids, and that they insisted it's all 4 or nothing. I call bullshit, but I've got no way to verify at the moment.

This guy has been nothing but a burden to the entire family. They were struggling already, and then he shows up. The one person needing handouts in the entire extended family happens to be the American dude. Literally beyond worthless. It's sad how some people in developing countries can be so blind to character defects, when it comes to foreigners. Without having met him in person, I could tell he was a weirdo and a sociopath, just from our initial five minute phone conversation. The cousin seemed completely oblivious, at the time. They found out, as they always do.
TWY wrote: Thu Apr 29, 2021 2:37 pm A couple of things to consider.

1. I believe you now have to email the embassy with the application to set up an appointment. DS-2029 is the application for certificate of birth abroad. DS-11 is application for the child to get US passport (has to be signed by non-US person in person I believe).

2. He has to show 5 years of physical presence in the US with 2 of those years being after the age of 14. He will also have to submit a detailed listing of his physical presence and it should match his passport (though for myself they never checked - if you went to school (including university or college) then your pretty well set and its easy for them to check/verify if they desire.

3. The fee is $100 for the Certificate and $115 for the passport (for one child). If they require a DNA test that is when it gets expensive. The local nurses fee to collect samples at the embassy is about $75 and you pay the lab directly for the test. There is a list of approved labs and including Fedex each way I'm guessing $400-$700.

4. AFTER you get the Certificate Birth Abroad you can then apply for SS#. I don't know the current process or fees. All I remember is that I had to make a trip to a US SS office to get it processed as they had banned embassies from submitting copies of the paperwork! I couldn't believe it - it may have been changed since. (you could do this in Manila or in the US). Just be aware that until he gets the kids SS#'s they don't appear on his tax returns (assuming he's still sending those in) and I don't believe he'll be eligible to get any assistance until he's got the SS#'s. Then he'll have to file a tax return even if he owes no taxes to trigger the support payments (or I guess stimulus payments for the kids).

5. Once that is done, I believe that he'll be eligible for the $300 per month Congress has passed that should start in July of this year - but again I've just read this in passing so you'll need to do the legwork. I'd check with the IRS as to how to get the stimulus payments once this is all done - if the SS# issued after the payment date I wouldn't count on getting it.

6. In regards to his passport being expired. I'd call the embassy. The fee for a new passport is $145. I believe that if the passport is less than 15 years old he can use it to apply for a new one. If its more than 15 years old he'll need some additional documentation. Either way he has to appear in person at the embassy. I BELIEVE his visa standing (or lack thereof) has no bearing on getting a new passport. But the embassy will surely know better than I :) If he no longer has access to the passport then he needs to go and file a lost passport claim and get a new one and I'm not at all familiar with that process - again call the embassy.

Hope that helps a bit.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by GMJS-CEO »

DNA test is not a given, hope he doesn't get requested for one.

I think he will need to file some tax returns to get those stimulus checks. When in Cambodia I used free online software (Freetaxusa), printed them out and DHLed them to the IRS from Cambodia. You can file them for prior years if needed, this year the 1040 has a worksheet for explaining how much of the stimulus check you received or not and you get the amount underpaid after filing your taxes. Importantly he would claim on the form that he has dependents and that shows the IRS he should receive more stimulus.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by BillDoe »

GMJS-CEO wrote: Thu Apr 29, 2021 11:33 pm DNA test is not a given, hope he doesn't get requested for one.

I think he will need to file some tax returns to get those stimulus checks. When in Cambodia I used free online software (Freetaxusa), printed them out and DHLed them to the IRS from Cambodia. You can file them for prior years if needed, this year the 1040 has a worksheet for explaining how much of the stimulus check you received or not and you get the amount underpaid after filing your taxes. Importantly he would claim on the form that he has dependents and that shows the IRS he should receive more stimulus.
How often do they require a DNA test when applying for your child's passport? I assumed it was everytime
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by John Bingham »

BillDoe wrote: Fri Apr 30, 2021 1:21 am
How often do they require a DNA test when applying for your child's passport? I assumed it was everytime
It depends on your nationality. I was never asked for one when getting my kid's EU passport. However some countries are much more strict, a friend from the UK had to get these done even though he had loads of photographs and documents to prove he was the father.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by GMJS-CEO »

BillDoe wrote: Fri Apr 30, 2021 1:21 am
GMJS-CEO wrote: Thu Apr 29, 2021 11:33 pm DNA test is not a given, hope he doesn't get requested for one.

I think he will need to file some tax returns to get those stimulus checks. When in Cambodia I used free online software (Freetaxusa), printed them out and DHLed them to the IRS from Cambodia. You can file them for prior years if needed, this year the 1040 has a worksheet for explaining how much of the stimulus check you received or not and you get the amount underpaid after filing your taxes. Importantly he would claim on the form that he has dependents and that shows the IRS he should receive more stimulus.
How often do they require a DNA test when applying for your child's passport? I assumed it was everytime
I only have my own personal experience. The guy looked at my son, at me and that was it. No test.

My son looks like me, people are surprised to find out he is mixed so not sure if my experience is skewed.
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Re: Replacing US passport with a long Cambodia visa overstay?

Post by Bubble T »

Didn't have to do a DNA test for my son's UK passport. I had to do a video interview, the lady pulled up a photo I had submitted of the three of us together, chuckled, said "yep that's yours" and that was the end of it. As with the poster above though, my son has blondish hair and is very obviously mine. If we looked different it may have been a different story.

Anecdotally, things are said to be easier for Americans.
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