Some Advise Please... New Baby Born in Canada...

hisst@msn.com
New Member


EverLighBloom

Joined: 11 Aug 2008
Posts: 1
Location: Toronto

Posted: Mon Aug 11, 2008 9:22 pm

 

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Hello,

November 2007 Vancouver-US Border, I (a Canadian citizen) was denied entry into the US as I was unable to prove Ties and Equities to my home country and a note on my passport (investigate) was placed. My partner (A US citizen) and I managed to get a flight through the US into Mexico where we backpacked for Four months, and upon an attempt to enter through the Juarez-EL Paso border I was ``investigated`` once again. My partner and I were forced to separate for 5 weeks, she met with her EX (in the US) and gathered her 2 children and the appropriate paperwork for a summer vacation in Canada, and I took a flight (Feb 22 2008)and made the living arrangements Here.

All has Been well, She has given Birth to our baby and life has been sweet. But now her two children are to take a flight back to the US from Buffalo NY, which means that My partner and the baby (and possibly I) would need to cross the Border. We had an unassisted birth (no doctors or midwives) and have recently (Aug 08Th) registered the birth, but as far as I know a birth certificate will not be available to us for at least 3 months (I'm researching that info).

I am concerned that If I make an attempt to cross the border with my family I will be denied ( as I have not full filled my requirements : To maintain a residence and employment for a 6 month period before reattempting a border-crossing. Also I am concerned that my partner could have trouble reentering Canada after dripping off her children at the airport, stranding her and our newborn child in the US.

Is there a quick way to attain travel documents for a newborn (3 weeks old) or any advise for me to override the insane demands of the homeland security (eg. marriage, work visa, intent to marry, anything).

I would be very grateful if you could give me some advise, or send any links my way moderators especially i know you guys know whats going on.

thank you
Rob

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1509
Location: North Carolina

Posted: Tue Aug 12, 2008 4:05 am

 

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Which country do you plan to live in and do you plan to do any proper immigration paperwork in order to live together in either country?

I'm afraid that once you're flagged by US immigration as not having ties to home country, and if you're traveling with your US family, you're not likely be allowed entry to the US.

Have you registered the baby's birth with the US authorities as well as Canadian authorities? The baby by default has dual citizenship, however the birth has to be registered with both governments.

If your partner intends to return ot Canada after dropping off her kids in the US, then she *might* have difficulties returning, but its pretty much a crap shoot as well.

IF the intent is for everyone ot live in Canada, then I suggest that she goes immediately to get a visitor record, and you start immediately on the immigration paperwork to get her permanent residency.

Check out the forums at http://roadtocanada.com for info and the CIC website http://www.cic.gc.ca/english/index.asp for forms and whatnot.
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READ ME FIRST!! Immigration Information for Canadians who want to move to the US for any reason.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1676
Location: Calgary

Posted: Tue Aug 12, 2008 9:26 am

 

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The birth needs to be registered at the local US consulate, you've probably already figured that out, the child gets a registered birth of US citizen abroad certificate, then that can be used to enter the US. How quick it is I have no idea, but it shouldn't take too long, but obviously you need the supporting documentation.

However your basic problem appears to be that both of you are attempting to stay in visitor status in the other country, really you need to pin down where exactly you're going to live then one of you needs to sponsor the other for permanent residency (which isn't possible going to the US without an intent to marry and very hard doing it the other way around without an intent to marry).

If you don't do this you're going to have constant and serious border problems. Both immigration systems are structured not to confer any residency rights on someone simply because they have a child who is a citizen of that country, otherwise people could simply claim residency by giving birth there.

You could try crossing at a land border and not using your passport before the requirement comes in, using a DL and a birth certificate. But then if you get caught the consequences would probably be even worse as USCIS would think you are deceiving them (which you would be) so probably not a good idea.

Surely the simplest option is for you to look after the baby while she goes to the airport to drop off the other kids? I can't see why she would be denied entry provided she hasn't already gone over the six month limit. I suppose if she mentions the baby it might get a bit awkward but "visiting boyfriend" isn't a reason for denial (suspicion maybe) from a legal standpoint.
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Steve.

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