Denied entry to the US

[Fijianladi 0]

I've spend about 3 weeks out of the month in the states and 1 week or so in Canada over the past year. My husband is a US citizen and I'm Canadian. We have a child who is dual. My husband is admissible to Canada for a previous DUI, so I've been spending more time in the states. Yesterday they denied me and my son entry to the US and told me to go back to Canada, find a job and hold it for 6 months before I can come back into the states. My husband is now in the states and me and my son are in Canada. I'm broken I feel my family is being split up. We planned to live in America and complete our petition in 6 months from now so there's no point in working in Canada just to go back and live in America. Have anyone experienced this ? What are our options to reunite ? 

[Boiler 43,510]

Something very very wrong, how can they deny your son entry, I take it he showed his US Passport?

[nightingalejules 678]

Your best option at this point is to file your petition now. Unfortunately you will likely not be permitted to enter the US while your petition is pending, which sucks, I know but you have been denied entry based on immigrant intent, which you clearly have.

you'll have to get a job in Canada, since the petition will take around a year.

 

[Fijianladi 0]

1 minute ago, Boiler said:

Something very very wrong, how can they deny your son entry, I take it he showed his US Passport?

They didn't deny him entry only me. However he is 1 years old and we're travelling together so we both had to turn back. 

[nightingalejules 678]

Your son, of course, will be permitted to go back and forth without you.

[Boiler 43,510]

5 minutes ago, Fijianladi said:

They didn't deny him entry only me. However he is 1 years old and we're travelling together so we both had to turn back. 

Ahh, you said they denied him as well, that makes much more sense, he can of course travel with somebody else but best to have a letter of permission from you, just in case.

[Sm1smom 242]

54 minutes ago, Fijianladi said:

I've spend about 3 weeks out of the month in the states and 1 week or so in Canada over the past year. My husband is a US citizen and I'm Canadian. We have a child who is dual.  Yesterday they denied me and my son entry to the US and told me to go back to Canada, find a job and hold it for 6 months before I can come back into the states. I'm broken I feel my family is being split up. We planned to live in America and complete our petition in 6 months from now so there's no point in working in Canada just to go back and live in America. Have anyone experienced this ? What are our options to reunite ? 

 

Yes your family is being split up unfortunately due to your own actions. You were spending more time in the US than in Canada, which is not allowed, even for Canadians who require no visitors’ visas. If the plan was for you to live in the US, you guys should have filed a petition for that purpose as against the in and out you were doing. 

 

Your option is for your husband to initiate the petition process which will certainly take over six months, while you remain in Canada for the duration. Alternatively, you both move to a third party country. 

[Boiler 43,510]

Nobody mentioned it but there is a waiver process for DUI's

[geowrian 22,335]

Agreed. Sorry to be blunt, but you were abusing your privilege to access the US by living in the US. Canadians are allowed to visit the US without a visa, not live there. CBP’s decision was justified, even though I do understand the hardship you are now going through. They need to follow the laws.

 

Moving forward, you need to wait out the immigration process. He can try for a waiver to visit you, or you can spend time in a third country. Those aren’t great options, but it’s something.

[acidrain 325]

My spouse, young son and I tried to enter the US with a U-Haul and I was denied entry. I was told to complete the immigration process in Canada. 

 

Are you aware you cannot spend more than 6 months out of 12 in the US? Your biggest hurdle could be the amount of time you've accumulated. You need to spend as much time outside the US as you have spent inside. Which is why customs probably told you to stay away for the next 6 months.

 

Your US citizen spouse will have to sponsor you while you wait in Canada. As others mentioned your child can visit the US. The border has always told me my son is welcome to the US anytime despite the fact we had to apply for IR2. Does your child have a US passport or birth abroad certificate?

 

So far the process has taken me a year to complete. I set up shop in Canada and waited about five months after our fiasco to cross the border. I signed up for a couple courses, put my son into daycare, signed a lease, etc. The first time I went to visit my spouse customs was very intense. They allowed me to visit but I only stayed for about 12 days the first visit. Showing you are completing the process legally is crucial if you want to be allowed entry into the US.

 

I would not delay filing for the i130 to start the process.

[Boiler 43,510]

22 minutes ago, acidrain said:

 

Are you aware you cannot spend more than 6 months out of 12 in the US?

That is a tax resident thing rather than Immigration.

[Ontarkie 13,918]

48 minutes ago, Boiler said:

That is a tax resident thing rather than Immigration.

Canadians in most Provinces also lose their health care coverage when out of the country that much. 

[Fijianladi 0]

49 minutes ago, Boiler said:

That is a tax resident thing rather than Immigration.

To my knowledge I believed it was 6 months consecutively, that's why I kept going back and forth. 

[Fijianladi 0]

1 minute ago, Ontarkie said:

Canadians in most Provinces also lose their health care coverage when out of the country that much. 

I pay for health care coverage for both me and my son in both the us and Canada 

[Ontarkie 13,918]

~~Moved to Tourist Visas, from Moving to the US and Your New life - as the OP issue is visiting atm.~~