Sponsoring My Mother from Canada I-130

OhCanada!

New Member
Hi all,


I am a dual citizen of Canada and the US, who lives in the US. I filed the I-130 in December 2020 for my mother who lives in Canada (Canadian citizen).


Both her mother (my grandmother) and I are citizens of the USA. My Grandmother lives in Canada (also dual), so I thought me doing the sponsorship via I-130 made the most sense.


Since processing times out of the Nebraska offices said 5-7 months (we filed electronically from Minnesota in December 2020), we made plans to have her relocated here this summer.


Keep in mind, as a Canadian, she does not require a visa to travel here as a visitor with a return ticket and can be a tourist here for 6 out of the 12 months of a year... in case there is a slight delay in approval.


Here is my question that I can't find the answer to:

With the land border between the US and Canada still closed (she has flown a few times this year), will they let her cross the border knowing she is in the immigration process (deeming essential travel)? Or do we need to wait until a) the land border opens or b) her l-130 is approved (which should be 4-ish more months).

She has three dogs and is bringing her belongings and car, which is why land is the preferred relocation method.

Thank you in advance!
 
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newacct

Well-Known Member
It is not essential travel. She will need to wait until the land border opens or she will need to fly (taking COVID test before boarding the flight).

Also note that the I-130 approval is only one of the steps. After I-130 approval, she still has to go through the Consular Processing process with NVC and the US consulate in Montreal to get an immigrant visa.

Was your grandmother a US citizen when your mother was born? When was your mother born? How much time did your grandmother spend in the US before your mother's birth? Depending on the circumstances, your mother might already be a US citizen.
 

OhCanada!

New Member
It is not essential travel. She will need to wait until the land border opens or she will need to fly (taking COVID test before boarding the flight).

Also note that the I-130 approval is only one of the steps. After I-130 approval, she still has to go through the Consular Processing process with NVC and the US consulate in Montreal to get an immigrant visa.

Was your grandmother a US citizen when your mother was born? When was your mother born? How much time did your grandmother spend in the US before your mother's birth? Depending on the circumstances, your mother might already be a US citizen.
Yes my Grandmother was born in the US.
Mother was born in 1960.
my grandmother moved to Canada before my mother was born, then back when my mother was married. Now back in Canada.

how do I find this out?! Oy vey....
 

newacct

Well-Known Member
Yes my Grandmother was born in the US.
Mother was born in 1960.
my grandmother moved to Canada before my mother was born, then back when my mother was married. Now back in Canada.

how do I find this out?! Oy vey....
I will assume your mother's father was not a US citizen when your mother was born. If your mother was born in wedlock, then your grandmother needed to have been physically present in the US before your mother's birth for a cumulative total of 10 years, including 5 years after your grandmother turned 14. If your mother was born out of wedlock, then your grandmother needed to have been physically present in the US before your mother's birth for some continuous period of 1 year.
 

OhCanada!

New Member
I will assume your mother's father was not a US citizen when your mother was born. If your mother was born in wedlock, then your grandmother needed to have been physically present in the US before your mother's birth for a cumulative total of 10 years, including 5 years after your grandmother turned 14. If your mother was born out of wedlock, then your grandmother needed to have been physically present in the US before your mother's birth for some continuous period of 1 year.
Did I ever have my information wrong. I just confirmed that my grandmother was born in Canada but had a US passport via her mother who was born in the US.
 

newacct

Well-Known Member
Did I ever have my information wrong. I just confirmed that my grandmother was born in Canada but had a US passport via her mother who was born in the US.
What I said was the same. It just matters how much physical presence she had in the US before your mother was born.
 

OhCanada!

New Member
Thank you for your answers so far.

A family friend stated that my mom (a Canadian citizen) could be immediately eligible for a green card if she is a parent of a US citizen over 21.

Is this true? I can't find this information on the USCIS website.
 

OhCanada!

New Member
Also, when my mother's I-130 is approved, will that warrant essential travel, therefore, letting her across the border?
 

SusieQQQ

Well-Known Member
Thank you for your answers so far.

A family friend stated that my mom (a Canadian citizen) could be immediately eligible for a green card if she is a parent of a US citizen over 21.

Is this true? I can't find this information on the USCIS website.
She is immediate relative category, meaning that there is a visa number immediately available. That is not the same as a visa/green card being immediately available, as the i130 still has to be processed and an interview scheduled. She will only get a visa after that.

Also, when my mother's I-130 is approved, will that warrant essential travel, therefore, letting her across the border?
No. Her i130 being approved means she can be put in line for a visa interview.
 

OhCanada!

New Member
Hello,

My mother, a Canadian citizen, is moving to the USA, I am a US citizen through marriage.

Flying isn't an option as she has three dogs and can't bring her furniture. Delta no longer permits dogs in cargo and requires 1:1 dog to human ratio.

I am simply trying to see what she would need to bring to the land border to permit her access:
1. COVID vaccine card
2. Proof of my citizenship
3. Rabbies vaccines within 30-days of travel for each dog

Her I-130 is in the process, filed in December 2020.

Thank you very much, I have spent countless hours trying to find a solution, we thought the border would be open by now, her home in Alberta is sold.
 

OhCanada!

New Member
She is immediate relative category, meaning that there is a visa number immediately available. That is not the same as a visa/green card being immediately available, as the i130 still has to be processed and an interview scheduled. She will only get a visa after that.


No. Her i130 being approved means she can be put in line for a visa interview.
Thank you Susie. If she is able to get an immediate visa number, will this allow her land border travel?
 

SusieQQQ

Well-Known Member
Thank you Susie. If she is able to get an immediate visa number, will this allow her land border travel?
I don’t think you understand what I mean, so let me rephrase. The visa number being immediately available doesn’t mean anything in practice other than she gets put in line for a visa interview as soon as her i130 is processed. I only mentioned it to explain what (I thought was meant by) what you had been told ref post #7.

PS I don’t know what the US-Canada requirements for essential travel are. Just explaining how the visa process works.
 

SusieQQQ

Well-Known Member
Hello,

My mother, a Canadian citizen, is moving to the USA, I am a US citizen through marriage.

Flying isn't an option as she has three dogs and can't bring her furniture. Delta no longer permits dogs in cargo and requires 1:1 dog to human ratio.

I am simply trying to see what she would need to bring to the land border to permit her access:
1. COVID vaccine card
2. Proof of my citizenship
3. Rabbies vaccines within 30-days of travel for each dog

Her I-130 is in the process, filed in December 2020.

Thank you very much, I have spent countless hours trying to find a solution, we thought the border would be open by now, her home in Alberta is sold.
Well - she can’t actually move to the US until she has an immigrant visa. If she arrives at the land border with dogs and furniture and all her worldly possessions and no immigrant visa, they’ll just turn her right around.
 

Sm1smom

Super Moderator
Hello,

My mother, a Canadian citizen, is moving to the USA, I am a US citizen through marriage.

Flying isn't an option as she has three dogs and can't bring her furniture. Delta no longer permits dogs in cargo and requires 1:1 dog to human ratio.

I am simply trying to see what she would need to bring to the land border to permit her access:
1. COVID vaccine card
2. Proof of my citizenship
3. Rabbies vaccines within 30-days of travel for each dog

Her I-130 is in the process, filed in December 2020.

Thank you very much, I have spent countless hours trying to find a solution, we thought the border would be open by now, her home in Alberta is sold.
Even if border crossing by land isn’t restricted due to COVID, I honestly don’t see how CBP will allow her to move to US with her 3 dogs and furniture without an approved immigrant visa. She can’t basically “move” to the US while passing herself off as a visitor.
 

OhCanada!

New Member
Well - she can’t actually move to the US until she has an immigrant visa. If she arrives at the land border with dogs and furniture and all her worldly possessions and no immigrant visa, they’ll just turn her right around.

Even if border crossing by land isn’t restricted due to COVID, I honestly don’t see how CBP will allow her to move to US with her 3 dogs and furniture without an approved immigrant visa. She can’t basically “move” to the US while passing herself off as a visitor.
The intent would be to continue the process here vs. in Canada. She's legally able to stay for 6 months as a visitor -- has that changed?
 

SusieQQQ

Well-Known Member
The intent would be to continue the process here vs. in Canada. She's legally able to stay for 6 months as a visitor -- has that changed?
She can stay 6 months as a visitor, but you’ve just said her intent is not to visit but to stay. That immigrant intent is not permitted when entering on tourist status.
 

Sm1smom

Super Moderator
The intent would be to continue the process here vs. in Canada. She's legally able to stay for 6 months as a visitor -- has that changed?
1. She cannot continue the immigration process inside the US, it needs to be completed in Canada.
2. While she may be eligible to enter the US as a visitor, she’s not allowed to “move” as in relocate as a non-immigrant. Plus duration of granted stay which may be up to six months is determined at the POE, she is not automatically eligible to be granted a six months stay as a visitor. No visitor has an automatic claim to that.
 

OhCanada!

New Member
She can stay 6 months as a visitor, but you’ve just said her intent is not to visit but to stay. That immigrant intent is not permitted when entering on tourist status.
Understood - thank you.
1. She cannot continue the immigration process inside the US, it needs to be completed in Canada.
2. While she may be eligible to enter the US as a visitor, she’s not allowed to “move” as in relocate as a non-immigrant. Plus duration of granted stay which may be up to six months is determined at the POE, she is not automatically eligible to be granted a six months stay as a visitor. No visitor has an automatic claim to that.
This is very helpful, I did not know she needed to stay in Canada for the process. Thank you.
 
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