amaranthseeds

I'm planning on filing for naturalization under the three years rule very soon. But when reading a two page guide to naturalization I found on the USCIS website form g-1151 "thinking about aplying for naturalization?" I read it says to be eligible "show that you have been physically present in the US for the last 30 months. In some cases this may be 18 months if you are married to a U.S. citizen"

My heart sank, I don't know when there will be a time that I will stay away from Canada for that long, I go back and forth often, though I live in California and go to bc, ontario or New Brunswick- and stay for longer. Does it really mean that I have to not leave the U.S. at all for 18 months straight? By reading all your posts I think maybe not, after all?

All my trips have been driving, I will also have to estimate.

Thanks, nickd. And, flora01 my green card expires on October 26/2014. It is a 2 year after all, I was confused.

It says permanent resident, and under category it says CR6.

Any advice about how to go ahead would be great- peoples experiences, if they used lawyers or not, and how much evidence they needed,

Amara

Must be a 2 year conditional then! Thanks

Hi. I have a 3 year permanent residence card that will expire in a year. and I'm wondering about the process of renewing it/ is it called removing conditional terms? So that I can continue living here. Is anyone familiar with the process and what it entails? Does it require another interview? I got a lawyer for the initial residency stuff. Is that recommended for this?

Thanks

Amara

Just because you weren't stamped doesn't mean they don't know how long you've been here. They scan your id when you come in - be that your drivers license or passport. Generally speaking Canadians are allowed to visit in the US up to 6 months . You've overstayed your 6 months. Could you give us a little more information? I assume you came in as a visitor and ended up staying and getting married? What was the original intent? Have you already applied for your AOS (Adjustment of status) or is the package you speak of the AOS long with your Advance Parole and EAD?

The lawyer is taking a cautious, but accurate approach by assuming that if you got your AP and left, the US borderguard 'might' not let you back in since you overstayed last time. You can see why they might have a problem.

Please provide us with a few more details...thanks

I came as a visitor on december 17th, and ended up staying and getting married. the original intent was to be here for a few weeks, then go back to canada... but things changed, partner asked me to marry him, and was feeling increasing anxiety about crossing already, then found out that if i were to come back now that we'd announced our engagement that could cause problems. i have just submitted my entire package - 131 (AP),130,485, g325, 765, 864.

Just curious if there are any "neighbors" out there going through this and where you're headed in the US.

I'm from Chatham, but living in London... going to KY

I'm from london-- was raised downtown near covent garden market! now in california. nice to meetchya.

hey everyone i'm hoping you can help me out.

my mom has als (lou gherig's disease) and is basically dying. i am in the states, and was here when i got married, and now can't leave until the process is finished- or possibly get an advance parole document. well, there were a lot of screw ups getting my birth certificate here, and it actually took three months- after being returned to ontario, lost, etc. i finally have it. but now i've been here over 180 days -- just by a few days, and am able to mail my package in monday.

so, i got this from my lawyer:

But you should never travel -- even with advance parole -- before getting the green card if you have any period of time -- even a day -- out of status.. This includes working without permission. If you have any time out of status in the US, I would recommend you to wait until you get the green card, which only takes about 4 months now. If you travel with advance parole and you have any unlawful presence in the US, you may be disqualified from getting your green card by travelling.

of course, i'm devastated. i've heard other opinions but not in enough detail-- because as a canadian entering by land i have NEVER been stamped or told when to leave, so i'm not technically out of status in the same way. my lawyer is unfortunately less experienced with canadians, being in california he mostly gets folks from mexico-- so there have already been some mistakes so far that you all on vj have helped me sort out!

thanks so much for your help

amara

Your lawyer is clearly not experienced with doing AOS for Canadians.

I would file, and where it asks you how you entered (or something like that on your forms) you just say "Crossed by car at such and such border crossing on XX date".

If you flew into the country, find your flight confirmation and use that.

Just got this from my lawyer this morning!! i'm so glad i pushed this one.

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

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.

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

Hey everyone, this is also posted in the AOS forum,

http://www.visajourney.com/forums/topic/365541-canadian-needing-proof-of-legal-entry/

but here goes in this one, hope to get some more thoughts.

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

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.

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.

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

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?

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?

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