ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 5 123 ... LastLast
Results 1 to 10 of 43

Thread: canadian citizen crossing border w/ U.S. born son

  1. #1
    Hello everyone,

    I was just wondering if anyone had any idea about me being a Canadian Citizen crossing the border with my U.S. Citizen husband and my baby that was recently born in the U.S.
    I have been living with my husband in the U.S. for a few months and I had our baby in the U.S. we are in the process of getting my papers together to have processed. So the lawyer hasn't sent them off for processing as yet. I want to go to Canada with my husband and baby to visit my family, I'm just worried about coming back into the country. Legally can I be separated from my son since he's American and I'm Canadian? Can they send me back to Canada and have him go back to the U.S. with his father? Also would this affect my papers for the future - being that I was here, left and came back? Is it also a problem that I had my baby in the U.S.?

    Any help would be greatly appreciated. Thank you in advance.

  2. #2
    Hello everyone,

    I was just wondering if anyone had any idea about me being a Canadian Citizen crossing the border with my U.S. Citizen husband and my baby that was recently born in the U.S.
    I have been living with my husband in the U.S. for a few months and I had our baby in the U.S. we are in the process of getting my papers together to have processed. So the lawyer hasn't sent them off for processing as yet. I want to go to Canada with my husband and baby to visit my family, I'm just worried about coming back into the country. Legally can I be separated from my son since he's American and I'm Canadian? Can they send me back to Canada and have him go back to the U.S. with his father? Also would this affect my papers for the future - being that I was here, left and came back? Is it also a problem that I had my baby in the U.S.?

    Any help would be greatly appreciated. Thank you in advance.

  3. #3
    Hi Canadian Butterfly,

    I think the first thing we need to know is how did you enter the US initially? Are you on a visa right now and adjusting status or did you enter and stay? You said been here a few months, how long has that been exactly?

    Were you already married when you entered the US, or did you marry whilst you were here.

    The answer to these questions could make a difference on whether you can re-enter ok or not.

    If you could give us some more details, it would make it easier
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  4. #4
    Lets add one more important question here.

    Most Canadians can come and go as they please without visa to USA. up to six months. Over six months is considered an overstay.

    Did you overstay 6 months if you were here without a visa?



    In response to USA being able to send you back to Canada..


    Of course if you are overstay they can send you back. You may take your son with you or he could go with his father. Your son is U S citizen. he is also Canadian per his mother.

    You cannot try to force the USA to keep you in USA just because your son is here. It doesnt work that way.

    Based on the information that you feed us back will determine if you should leave the country or not. And of course, you should check with your attorney about travel during your pending paperwork.


    No problem about having the baby here, or the travel back and forth unless of course you came here with intent to get married and have the baby here. In that case, there is a problem because you did circumvent proper procedures for immigration. But just tell us your timeline of events to clear the matter

    Congrats on new baby

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Canadian_Butterfly:
    Hello everyone,

    I was just wondering if anyone had any idea about me being a Canadian Citizen crossing the border with my U.S. Citizen husband and my baby that was recently born in the U.S.
    I have been living with my husband in the U.S. for a few months and I had our baby in the U.S. we are in the process of getting my papers together to have processed. So the lawyer hasn't sent them off for processing as yet. I want to go to Canada with my husband and baby to visit my family, I'm just worried about coming back into the country. </div></BLOCKQUOTE> We can help figuring out what's the best approach once we know some details, but in the meantime just a remark. As a tourist (I assume that's your status), you are to visit USA, not your home country. So, it is expected that you spend more time at home than in the USA. If your trip is going to be for a few weeks after being here 4,5,6 months, it may very well be that you wan't be allowed to re-enter the USA so soon without the proper (immigrant) visa.

  6. #6
    Thanks so far everyone.
    To give you the details of my situation and timeline...

    I got married in Canada in Feb 2006. So I didn't just come to the US and stay to get married. I have been here now since November 2007. I had my child here in January 2008. So I haven't been here for more than 6 months. I would have left sooner to go back to Canada but we couldn't travel with the baby yet and I couldn't travel because of still recovering from my child birth.
    And I'm not trying to say that the U.S. has to let me back in because my son is an American Citizen, I'm just saying that I don't want them to send me back to Canada and make him stay here. But according to one of the posts he would be able to go back with me since he would also be Canadian - so that's a relief!

    Oh and I entered as normal at the border without a visa - just as a visitor.

    Thanks again everyone and I hope those details help you help me.

    P.S. Can they even really know how long I've been here for? So many times I've crossed the border and the officer there didn't even look at my ID or scan anything.

  7. #7
    Hi Canadian Butterfly, I hope you didn't feel that you were accused of anything, like overstay or something, it is just that how you entered and how long you have stayed is a big factor in giving you the right answers.

    Say for example you did enter as a visitor and stayed more than 6 months (an overtstay), we would have probably said do not leave the US whilst your papers are pending.

    Yes your child should automatically have dual Citizenship now as you are a Canadian Citizen and can obtain the Canadian Citizenship through you. There is something about obtaining it before he/she reaches a certain age I think if they are born and live outside of Canada, maybe a good idea in obtaining a passport for him/her now? Actually come to think of it, you are still a Canadian resident, so I guess your baby will at the moment be classed as one too until you immigrate.

    If you haven't already you can obtain a US passport for your child too.

    Unless someone corrects me, you should be allowed to leave the US fine. If you come in again even if the K3/IR1 is pending you can still come in on a visa waiver up to the amount of days allowed. My advice would be, bring with you supporting evidence of your immigration filings and something to prove ties to back home. This is purely to convince at port of entry that you are not entering to intend to remain without the necessary visa etc
    That is presuming your husband has filed for K3/IR1?

    Regarding the length of time in the US, you were given an I-94? When you leave you have to give that back, this will let immigration know how long you have been here, when you entered and when you left.

    Hope this helps, and I am sure someone else could give some input if I have made any mistakes or left something out.

    Congrats on the baby
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  8. #8
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Sprint_girl07:
    Hi Canadian Butterfly, I hope you didn't feel that you were accused of anything, like overstay or something, it is just that how you entered and how long you have stayed is a big factor in giving you the right answers.

    Say for example you did enter as a visitor and stayed more than 6 months (an overtstay), we would have probably said do not leave the US whilst your papers are pending.

    Yes your child should automatically have dual Citizenship now as you are a Canadian Citizen and can obtain the Canadian Citizenship through you. There is something about obtaining it before he/she reaches a certain age I think if they are born and live outside of Canada, maybe a good idea in obtaining a passport for him/her now? Actually come to think of it, you are still a Canadian resident, so I guess your baby will at the moment be classed as one too until you immigrate.

    If you haven't already you can obtain a US passport for your child too.

    Unless someone corrects me, you should be allowed to leave the US fine. If you come in again even if the K3/IR1 is pending you can still come in on a visa waiver up to the amount of days allowed. My advice would be, bring with you supporting evidence of your immigration filings and something to prove ties to back home. This is purely to convince at port of entry that you are not entering to intend to remain without the necessary visa etc
    That is presuming your husband has filed for K3/IR1?

    Regarding the length of time in the US, you were given an I-94? When you leave you have to give that back, this will let immigration know how long you have been here, when you entered and when you left.

    Hope this helps, and I am sure someone else could give some input if I have made any mistakes or left something out.

    Congrats on the baby </div></BLOCKQUOTE>

    Thank you for your help Sprint_girl07 and for the congrats as well. : )

    When I entered the US in November I was not given a I-94. I came across with family and we stated that we were visiting family - which was the case. And we went on our way from there. I however stayed and they went back home. So that's why I'm saying how would they actually know how long I was here for. I know that they scan passports and such in their computers and so that's how they might know. But when I cross sometimes they don't do that -therefor there would be no actual way to know when I entered or left. I don't know if things have gotten stricter with what the officers at the border have to do since November 2007, but that was my situation before.
    With your suggestion I would be able to have documents to show we're filing and to show ties to Canada. I'm just thinking if I did get my son a U.S. passport that they might assume I'm coming to stay and not let me through until my papers are filed.
    Oh and just for some added details my husband is filing for the I-130 and I-485. Which the lawyers have not sent off as yet. So there is nothing technically "pending" in the system or whatever at this time. I don't know if that makes a difference or not.

    Thanks again for you help!

  9. #9
    PM me and we can talk... I know your situation very well....

  10. #10
    Just to add to this as well...
    If I crossed separately from my husband but with my baby - would that cause a problem at the border as well. Since they may think that I don't have my husbands permission to travel with my son and I'm just kidnapping him or something? I just need to know/figure out what would be the best way to cross the border to go back to Canada and then return back to the U.S. before my papers are sent off, without any problems.

    Thank you again for your help and advice.
    CB

Similar Threads

  1. Crossing canadian border
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 06-27-2003, 09:53 AM
  2. Canadian Citizen born in Pakistan, working in US on TN
    By in forum Immigration Discussion
    Replies: 3
    Last Post: 05-24-2003, 11:38 AM
  3. Canadian Border Crossing, Post March 17
    By in forum Immigration Discussion
    Replies: 2
    Last Post: 03-29-2003, 06:55 AM
  4. Canadian Border crossing....with a US drivers Lic.
    By in forum Immigration Discussion
    Replies: 5
    Last Post: 03-07-2003, 11:51 PM
  5. Crossing the Canadian Border these days...
    By in forum Immigration Discussion
    Replies: 7
    Last Post: 01-21-2003, 07:22 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: