How did she cross?

S

Stimpyzu

New Member
Hey all!

My boyfriend is in the middle of a divorce. As I posted in another section of this forum, they have been married 7 years and never did anything about her immigration. He has now filed for divorce and I was told by some posters that she is now ineligible for her GC or any other status for that matter.

She left her husband last year by running to Canada and decided to come back down to Florida 2 weeks ago. What we are wondering is how in the world did she cross that border? I'm thinking that she did it with her marriage license. She crossed with Florida plates, a Canadian passport, and a USC child.

Question, is she subject to the 6 month rule? How DOES USCIS find out about people overstaying their welcome? Also, they are in a custody battle over the child, what happens to her if Mom has to go back? Mom has done a lot of lying in her year in Canada. She says she got her daughter's Canadian citizenship and/or passport, but we know that requires the father's signature, plus she changed her last name to reflect her marriage (when she knew it was over) and got welfare on that and a lot more!!!

I guess that last name could have helped her cross that border.

Any comments are appreciated.
 
Stimpyzu said:
What we are wondering is how in the world did she cross that border?...

Question, is she subject to the 6 month rule? ... Mom has done a lot of lying in her year in Canada. She says she got her daughter's Canadian citizenship and/or passport, but we know that requires the father's signature, plus she changed her last name to reflect her marriage (when she knew it was over) and got welfare on that and a lot more!!!
...
Click to expand...

You have probably already resolved a number of these issues but in case there are others with similar issues...

Ordinarily someone who is out of status in the USA for so long would end up being barred from re-entry for 10 years. However, there is a loophole for many Canadians. If a Canadian enters as a tourist, they are supposed to stay for no more than six months but there is usually no written documentation of this. As such, they are usually never considered "unlawfully present" so even if they stay far beyond the six months without permission, they do not get formally barred from returning. This loophole applies only to Canadians as all other nationalities get some form of written documentation upon entry which they must abide by or risk being barred.

As for your husband's daughter--if the daughter was born on US soil to a Canadian mother, then the daughter is, by birthright, a dual citizen of both the US and Canada. Furthermore, nothing that any of the adults involved might do in resolving the child custody or divorce proceedings will deprive the daughter of that dual citizenship. The mother can apply for a Canadian citizenship certificate for the daughter--I do not believe the father needs to be involved, especially considering that the daughter's Canadian citizenship derives from the mother. However, the daughter already was a Canadian citizen from the moment of birth--obtaining the certificate merely documents her existing Canadian citizenship.

Neither the father, the mother, nor any family court judge in any Canadian province or US state can deprive the daughter of Canadian (or US) citizenship--that dual citizenship belongs to the daughter by birthright.
 
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