Canadian needing proof of legal entry?

[jdh 103]

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?

You can write it yourself and sign it...you can get it endorsed and made into an affidavit if you want, I didn't - and so far it doesn't seem to have been any issue.

I wrote a simple letter stating the date and approximate time of my crossing and saying to having legally entered after inspection by officers at the border and someone to the effect of after being inspected and cleared for entry having not been offered or suggested in any way that I would need an I-94 and as such do not have one. I can pm you with a copy of what I wrote if you would like.

I don't think the affidavits of folks seeing you come off the bus would really help, as they rent present to witness the legal crossing.

I really doubt it will be called into question as it is not all that unusual for us Canucks to cross over and not receive anything. As one person said on here once, "your Canadian passport is essentially your proof of legal crossing". We have zero reason to sneak across when there are no restrictions on coming over anytime we would like.

A large part of the testing for immigration officers revolves around logic, at least on the Canadian side - I know because I successfully tested. I assume the US is similar in their testing. If they passed the testing and have been doing this for any period of time they should be able to easily see how illogical it would be for you to sneak across illegally when you could just go through a checkpoint without any hassle. Thus it is rarely called into question.

As Harpa said, they likely do have some sort of system wherewith to verify a passports last date scanned. Though CBP and USCIS operate as seperate entities, it is feasible to believe that as part of the background check they can verify the scan. Of course that is speculation, but plausible given they are both part of the homeland security umbrella.

One thing you may consider is contacting greyhound to see if it is possible to get a duplicate receipt this late in the game. If it was an electronic payment, it may be traceable in their system.

Edited May 1, 2012 by jdh

[amaranthseeds 0]

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.

My husband has a minor criminal record (from about 10 years ago). We understand this probably won't be an issue for us. I hired a lawyer because at one time I overstayed-- as a canadian i really didn't know the rules. i left the country, and re-entered without being asked anything of that overstay. i was told that basically if i am let in without being asked something and lying, then it's a go.

My plan now is to start calling the cbp where i crossed, and see if i can find records of my crossing. i read those two links that were posted-

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

http://www.visajourney.com/forums/topic/273870-adjustment-of-status-canadian-with-no-proof-or-entry/page__st__15__p__4828038#entry4828038

and it is true that these stories are different than mine, but still make me nervous, knowing that if they wanted to for some reason they could possibly get me on not having proof of legal entry.

the lawyer got me to fill out form g639 (it's one of those uscis forms) it is a request to release all records with my name for "proof of lawful entry into the united stastes" my concern now is they might not have any records in my name!! Our lawyer did tell us that they will be requesting information from many sources, so perhaps they will ask CBP as well. I will be contacting them asap to make sure they do this.

what a mess it all feels like! but i'm also reassured from all of your postings. thanks

[Harpa Timsah 13,258]

Ah, so you overstayed before too. How long did you overstay? Did they inspect everyone's passport on the Greyhound bus?

[Krikit 1,164]

Canadians admitted without an I-94 or visa are treated as duration of status and do not start accumulating unlawful presence until an Immigration Judge makes their ruling. A CBP Officer also has this authority.

Link

[amaranthseeds 0]

Ah, so you overstayed before too. How long did you overstay? Did they inspect everyone's passport on the Greyhound bus?

they did inspect everyone. I stayed for a little over a year... i know it's not the best thing, but I understand what Krikit wrote to be true. Basically if there is no court ruling that i was illegal, i am not illegal.

[sheeshkabelle 153]

they did inspect everyone. I stayed for a little over a year... i know it's not the best thing, but I understand what Krikit wrote to be true. Basically if there is no court ruling that i was illegal, i am not illegal.

You were not deported, you did not go in front of a judge, the CBP did not finger print you or take your photo. You were technically, in the eyes of the law, not illegal.

[sheeshkabelle 153]

My husband has a minor criminal record (from about 10 years ago). We understand this probably won't be an issue for us. I hired a lawyer because at one time I overstayed-- as a canadian i really didn't know the rules. i left the country, and re-entered without being asked anything of that overstay. i was told that basically if i am let in without being asked something and lying, then it's a go.

My plan now is to start calling the cbp where i crossed, and see if i can find records of my crossing. i read those two links that were posted-

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

http://www.visajourney.com/forums/topic/273870-adjustment-of-status-canadian-with-no-proof-or-entry/page__st__15__p__4828038#entry4828038

and it is true that these stories are different than mine, but still make me nervous, knowing that if they wanted to for some reason they could possibly get me on not having proof of legal entry.

the lawyer got me to fill out form g639 (it's one of those uscis forms) it is a request to release all records with my name for "proof of lawful entry into the united stastes" my concern now is they might not have any records in my name!! Our lawyer did tell us that they will be requesting information from many sources, so perhaps they will ask CBP as well. I will be contacting them asap to make sure they do this.

what a mess it all feels like! but i'm also reassured from all of your postings. thanks

IT depends on the criminal record. If it was for a conviction of gross moral turpitude, like murder, human trafficking or drug trafficking, you might have an issue. A small misdemeanor offence for the petitioner doesn't matter. I have three counts of a class four misdemeanor and it has never come up, not once, for immigration for my husband.

[amaranthseeds 0]

IT depends on the criminal record. If it was for a conviction of gross moral turpitude, like murder, human trafficking or drug trafficking, you might have an issue. A small misdemeanor offence for the petitioner doesn't matter. I have three counts of a class four misdemeanor and it has never come up, not once, for immigration for my husband.

yeah, his stuff was disorderly conduct, tresspassing at a railroad, and unlawful concealment (of a candybar, in his pocket in a store. not unlawful concealment of a weapon or drug or person). it might have looked different if me, the beneficiary had done those things, but i think for him as petioner it's no biggie. just him being a reckless youth.

[Darnell 8,478]

amaranthseeds - are you thinking to apply for an adjustment of status whilst IN the USA, or to try to obtain a visa?

[amaranthseeds 0]

amaranthseeds - are you thinking to apply for an adjustment of status whilst IN the USA, or to try to obtain a visa?

AOS while in USA

[amaranthseeds 0]

good news! i got this from my lawyer this morning

I checked with my partner, and the CIS does not insist on proof of entry for Canadians as they do for persons from all other countries. I've done 500 adjustment cases in my career but this has never come up, so I was unaware of it. Anyway, I stand corrected and we can go ahead and file without worry now

thanks everyone.

[jdh 103]

good news! i got this from my lawyer this morning

I checked with my partner, and the CIS does not insist on proof of entry for Canadians as they do for persons from all other countries. I've done 500 adjustment cases in my career but this has never come up, so I was unaware of it. Anyway, I stand corrected and we can go ahead and file without worry now

thanks everyone.

Glad to hear he actually checked it out. Also glad to hear he had the courage to admit he was wrong.

Good stuff!

[f&c 50]

My wife and I are going through this now. She is (was) a Canadian LPR and entered the US via land through Niagra Falls. She presented herself to a CBP Officer and was waved through without an I-94 or stamp in her Haitian passport. She did not intend to stay in the US, but did anyway. I anticipated this being a problem and we hired an attorney to handle our case. A Matter of Areguillin legal brief and an affidavit of her entry circumstances was submitted with our I-130, I-485, and I-765. As expected, we received an RFE for proof of legal entry into the US. Our attorney sent the affidavit and brief again, so hopefully USCIS will be satisfied. Probably a long shot, but I also filed a FOIA request with CBP for proof of her entry. It is not easy, but AOS can be approved without definitive proof of lawful admission using Matter of Areguillin, which was reaffirmed by Matter of Quilantan. Unlike criminal law, the burden of proof is on the beneficiary.