Will minor have problems coming through border with parent w/ Advance Parole?

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Airforce Wife

Registered Users (C)
Hi all,

Im currently awaiting approval for my i-485. My Advance Parole has been granted. I did not file application for my daughter who is 7. We are both canadian citizens, planning a trip to canada for 1 month.

My question is, would my daughter have any trouble coming back to the U.S. with me through land border (buffalo)? She has been in U.S. for 1 school year.

Your comments would be appreciated.

Thank you
 
1.) What is her current immigration status? Is she a dual citizen (US and Canadian)?

2.) If not also a USC, is she the beneficiary of an approved petition?

3.) If yes, why was no I-485 etc... filed for her?

4.) IF she is an alien AND is accompanied by her parent who is entering with AP, CBP will "more likely than not" assume that you are trying to bring her in unlawfully as a tourist with an immigrant intent and you would both be denied entry and it is possible that you will be barred for attempting such subterfuge, your AP will be voided, your I-485 will be denied, and you will be stuck in Canada to pursue Consular Processing and require an I-601 for fraud and perhaps an I-212 if formally subjected to Expedited removal.

5.) Finally.... What pertinent facts have you left out?
 
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Thank you for your response.

Child only has her canadian citizenship. Myself (mother) petitions have not been approved yet. However her father is a U.S. Citizen (will not be escorting us back through the border Canada to U.S). Im currently sending in child's petition to adjust status, with AP, however it is a 90 days window for denial/approval. The trip to Canada is for July 2011. My petition has been expedited throught the Armed Forces, as will my child when sent. My child and I have already filed our taxes here for 2010.

Please let me know if you need more info to assist.

Thank you
 
Airforce Wife said:
Thank you for your response.

Child only has her canadian citizenship. Myself (mother) petitions have not been approved yet. However her father is a U.S. Citizen (will not be escorting us back through the border Canada to U.S). Im currently sending in child's petition to adjust status, with AP, however it is a 90 days window for denial/approval. The trip to Canada is for July 2011. My petition has been expedited throught the Armed Forces, as will my child when sent. My child and I have already filed our taxes here for 2010.

Please let me know if you need more info to assist.

Thank you
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If her father is a USC, she might be one also even if born abroad. Was he a USC when she was born?

What kind of greencard are you pursuing? Spouse of a USC? If the military lawyer knew you had a child and did not file on her behalf, he may believe she is a USC since birth. (She might be.)

Does your daughter have a US Military Dependent ID? If yes, she could be allowed to enter just on that.
 
Yes her father is USC, and was a USC when she was born. My application is for spouse of a USC. My daughter does have Armed Forces ID Card. My husband is the adopted father of my child.
 
Airforce Wife said:
Yes her father is USC, and was a USC when she was born. My application is for spouse of a USC. My daughter does have Armed Forces ID Card. My husband is the adopted father of my child.
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As his adopted child, she must have been under 16 when he adopted her AND she must get a greencard before age 18 in order to get citizenship automatically under INA 320. The precise date that she obtains automatic citizenship will depend on his fulfilling the requirements under INA 101(b)(1)(E) (lives with her cumulatively [in the aggregate] for two years as a parent--this is NOT dependent on the date of adoption as she is also his stepdaughter) as well as her attainment of LPR status.

As long as she was under 18 when you married him, she became his step daughter for immigration purposes and immediately eligible for an I-130 to be filed on her behalf. You and she should have been petitioned and filed concurrent I-485's etc... SIMULTANEOUSLY and you would have been processed together as a family group.
 
I do beleive there was miscommunication with our lawyer.

So to clarify in your opinion, if my daughter has her Dependant ID and Canadian Passport - there should be no problem coming into the States?? (I will see if i can double-check with cbp and lawyer)
 
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