Canadian needing proof of legal entry?

[amaranthseeds 0]

Hey everyone

After thinking we could do it on our own, and the thinking about getting help with some legal aid services, my husband and i decided to hire a lawyer to help us. I am a Canadian, He is a US citizen. I have been coming and going into the states for many years, always by land (train, bus, driving) or ferry boat. My passport has never been stamped, is usually scanned, but i don't think all times. When i spoke to a few lawyers their immediate reaction was that i must have entered illegally. we are in california- and i think they have had more experience with mexicans.

the lawyer i decided to go with has told me that we need to find proof of lawful entry (file a freedom of information act with uscis to find my entries). this could take a few months to get this info, THEN we file the 1485 etc which is anoyher many months. they said we have to do this or else my form could be rejected.

when i first started to get into all this i had talked to a imm.law teacher from nyc, who told me it's different for canadians, and i shouldn't have to prove entry. the lawyers says it may be one thing to say it's different, but in practice they need their proof.

can any other canadians who have come over land (or not stamped) tell me what they've done in this case? i'm trying to rush all this as much as i can, my mom is really sick in canada (recently diagnosed with lou gherig's). now i am stuck here and freaking out i won't see my mother again.

ideas? help!

thank you so much

amara

[Inky 1,110]

FOIA with USCIS is a waste of your time because USCIS does NOT keep entry records. Did the lawyer really suggest this?

You would want to FOIA the CBP/DHS for entry records.

[amaranthseeds 0]

Hello,

I am a Canadian citizen who has married my US/CDN dual citizen in Canada 3 months ago. We are investigating the process of him filing the 1-130 petition while I am still in the country. I have only been in the country (at this point) a collective 3 months (back and forth as often as I can and as often as work will permit). Now my dilemma is as follows: I entered the country legally (took a flight in from YYZ and underwent CBP inspection in Toronto). I have a plane ticket and boarding stub as well as my return ticket home (which I did not end up using). Originally I intended on staying for a long visit (by "long visit" I mean 2 weeks - my husband and I have done this long distance marriage for the past year and a half) but for health reasons, I don't want to leave him alone in the country any longer. The last time I entered the US, though I was inspected by a CBP official, I was not given a stamp in my passport suggesting as such. I have always been frank about having a long distance marriage and always state that the purpose of my visit is to visit my husband. Is this stamp an absolute necessity for proving legal entry? I think out of 12 times entering and exiting the country on my ridiculous work schedule for the precious hours we spend together as married couple, I have only been stamped 3 times. Can anyone suggest any other ways that I can sufficiently prove that I entered this country legally and not, as one lawyer suggested the USCIS may think, with a passport that wasn't mine!?!?

Many thanks!

I am having a somewhat similar issue-- about to file I130 etc. My passport has not been stamped, I am canadian, came in by bus. what have you found in your experience? i see you posted this over a year ago. has anything come up for you?

[jdh 103]

The lawyers full of #######...not surprising.

How did you enter, by land or sea?

We entered by land and just included a signed statement of legal entry and included a copy of the airline tickets that we used that day in the states.

[Harpa Timsah 13,258]

Do you have any proof of your entry, such as a ticket as suggested above?

It is rare, but I have seen one case where the Canadian could not prove legal entry and the case was denied. That could be because the person really did enter illegally, however.

So, I would be racking my brain for any proof you can think of, and get a different lawyer who knows about Canadians. Good luck.

[jdh 103]

Even if you dont have tickets..anything you can think of that you would have from the day you entered could be used as circumstantial evidence to back up your story and would help.

Affidavits from people that drove you across if you didn't fly? The exact time and place of the border crossing, adds some meat to the story...

Definitely try to find a lawyer with Canadian experience - I understand that may be difficult in the main portal for Latino immigration.

[DandT14 272]

Not another thing to worry about!?!?! What makes it legal vs. illegal for Canadians? They don't need visas. Is it just that they need to clear customs? My husband is from Newfoundland, flew in every time, but his passport was only stamped a couple times.

amaranthseeds, I'm in California too and I suspect you're right about the lawyers being used to working with Mexican immigrants. I hope everything works out for you. It never occurred to me that anyone would question whether or not a Canadian entered legally.

[jdh 103]

They typically wouldn't question it.

The same as anyone else, the definition of legal entry is "were you inspected".

If you were inspected by CBP when you entered the country, you entered legally. If you swam across a river or hiked through the woods, you entered illegally. It would be foolish for a Canadian to do that unless they are a criminal, and that is why it isn't generally questioned.

We do not require an I-94, and we do not require a stamper a visa unless you came here to work or go to school for a period of time. I didn't even need it for a training program I did because it was under 6 months in length.

Edited May 1, 2012 by jdh

[Sandra G. 5,048]

check it out

http://www.visajourney.com/forums/topic/319148-failed-i-485-interview-as-canadian-married-to-a-us-citizen/

[Darnell 8,478]

when an I-130 is filed for a visa, the beneficiary's passport and entry stamps do not matter.

Are you thinking to file an I-130 + I-485 for an adjustment of status case, instead?

[sheeshkabelle 153]

As jdh said above.

Canadians have special rules when crossing the border due to treaties in place between our two countries.

I've traveled across the border at least 15 times in the past six years,by plane, train and automobile, I've had one stamp put in my passport. My husband has crossed just as much and has two.

I've never heard of a Canadian denied because they didn't have 'proof of crossing'. I've seen them denied for not having a waiver with a criminal record, or because there wasn't sufficient proof of bona fide relationship, but never for proof of entry. CBP will have records of entering. Not USCIS. That right there is a red flag, and the lawyer doesn't know jack.

If your husband is not an ax murderer out on parole you don't need a lawyer. Even if he has some minor criminal record, you can still DIY the entire process. Lawyers are waste of time and money. (Trust me, I know)

As a CR-1 for a Canadian spouse your biggest burden is going to be proof of US domicile. Since you live and work in the US, it is not going to be a problem at all.

[jdh 103]

This has been discussed on several threads, in fact another one just today. You don't need any I-94 or stamp of any kind if you came in as a Canadian tourist.

[Penguin_ie 5,994]

**** reply split from year old topic and merged with existing thread. ****

[Harpa Timsah 13,258]

Here is the thread with the Canadian denied for no legal entry. http://www.visajourney.com/forums/topic/273870-adjustment-of-status-canadian-with-no-proof-or-entry/page__view__findpost__p__4828038 However,if you can dig through the whole mess, that person was involved in a lot of goofy stuff (and fraud) and the whole story was not there. It is possible that person really did cross illegally, which would be crossing without availing oneself to the immigration procedure, by, say, hiding in the truck of a friend's car as one crosses the border.

I do think that USCIS checks CBP records, so my impression is that if you are there, they will not ask for additional proof, but if you are not, the burden is on you to prove that you entered legally.

A plane ticket (as mentioned above) is great proof, you wouldn't be let on/off the plane without inspection! So OP, what do you have?

Edited May 1, 2012 by Harpa Timsah

[amaranthseeds 0]

The lawyers full of #######...not surprising.

How did you enter, by land or sea?

We entered by land and just included a signed statement of legal entry and included a copy of the airline tickets that we used that day in the states.

I entered this time by greyhound bus. I actually had originally gotten an amtrack ticket, but my first train was late, so i didn't use the ticket. when i entered, i didn't think i was going to be going through any of this process (which, is a good thing i hear), so i didn't think to keep my 30 dollar greyhound ticket stub! i do have the online confirmation of my amtrack ticket, which perhaps i could explain at interview or with forms what happened-- why would i sneak across from vancouver (and how would i ?) just because i missed the first train. and could potentially get people to write affidavits that saw me once off the bus?

what is you signed statement of legal entry? did you write this, stating that you entered legally, or another witness?