denied entry

My_question_is: US-specific
Subject: US Immigration
Expert: [email protected]
Date: Monday March 05, 2007
Time: 05:19 PM -0500


My name is xxxx xxxxxxx - American Citizen. I've been married to my wife for 5 years, she is Canadaian citizen and we have 2 children born in the US. She traveled many times to Canada and returned without any problem but she was denied entry when she tried to come back from last trip. I filed I824 to tranfer her approved I130 application to US consulate in Canada.

Are we going to have any problems with her papers when she is ready for the interview? I really don't have any proof to show that she did not stay in the US less then 180 days at a time because we travel to Buffalo and cross the border by car. INS did not stamp her passport every time she leaves and re-enter the US.

My kids need to come back to school and we are in desparate situation and I don't have money to spend on lawyers. Please, Please advice just for the sake of my honest children.


david ingram replies:

Sorry, but I am not the person to deal with. Under the circumstances you need a good lawyer, a member of the AILA (American immigration Lawyers Association) or very good luck in dealing with it yourself.

It souimds like she has been in the US for years illegally and Homeland Security does not like that.

Although it sounds like she is/has been returning to Canda every six ,months and then turning around and re-entering, that in itself is not even remotely legal if she sdoes not have a full blown home in Canada. To be a "paperless" visa B1 or B2 visitor to the US, a Canadian MUST have a full blown home in Canada, not just a mailing address or a room at their mother's or brother's home. They need to be able to show their Canadian Income, their Canadian rent or mortgage and tax receipts. They need a phone bill and heat and light bills. They need to be a member of their Canadian medical plan and have their valid Canadian Driver's licence (and not a US one).

The driver's licence is a big item because if they are in the US and driving their husband's US car for instance and are in an accident, if they do not hafve a local valid licence, the insurance can be declared invalid.

They should have copies of all o fthe above plus copies of their Canadian Income Tax return every time they cross the border.

Without al of this, they can be turned back until they can come up with it and that sounds to me to be the case with your wife.

Don't get me wrong. You have my sympathy and my empathy. My aunt who lived in Minneaplolis and who would be over 120 now, lived in the US for forty years doing exactly what your wife has being doing, before she was caught.

You should contact Joe Grasmick at or Greg Siskid at Both have extensive experience with Canadian Immigration to the US.

Both are set up to do phone consultations and can follow up later with Homeland Security.. Greg Siskind has an associate office in Toronto.