captain76

Hello,
I'm a UK citizen who has just received a US Passport. I have a 6 year-old daughter (also UK citizen) who I look after on my own since my partner died 2 years ago - we live in Canada.
I now want to live in the USA. What needs to be done for both of us to be able to cross the border and make it permanent?

ian-mstm

I assume that you're a naturalized USC. Forgive me if this sounds funny, but how did you receive a US passport if you're living in Canada? What is your status in Canada?


You don't say whether the girl's mother was US citizen? If so, she may have already have a claim to US citizenship. If not, you can file an I-130 and, once it's been approved, your daughter can enter the US and become a PR the day she enters.

Ian

meauxna

I just put a Wiki page up for US Citizenship resources!

Look at the links on the right hand side of the Children's' Citizenship page at USCIS to see which category you & she meet (biological etc).

captain76

My mother is a US citizen, hence, my succcessful claim. We are temporary in Canada, albeit, for another 16 months.
My daughter's mother was also a UK citizen. I was hoping we could just cross the border (with my daughter on a VWP) and then adjust status for her in the USA.

Noorah101

Entering the USA with the intent to remain and adjust status is illegal. Your daughter will need an immigrant visa.

The good news is that you can send the I-130 from Canada, and she should have her immigrant visa well before 16 months.

Best Wishes,
Rene

captain76

Thank you but that's ridiculous.
I can live there now but my 6 year-old daughter (who has no one else to care for her) cannot - I thought this bizarre system was set up to stop illegal immigrants from taking jobs and money, not to stop 6 year-olds entering with their only parent.

ian-mstm

Such is the US immigration system.


With respect, you thought wrong. The curious thing is that you plan on staying in Canada for longer than it'll take the paperwork to process... and you still seem pissed off! By your own admission, you weren't planning on moving next month!

Ian

marielawson

In fact the paperwork for your daughter's Green Card should take no more than 8 to 10 months.

Since you are planning to stay in Canada for another 16 months it would be good for you and your daughter to get Canadian Citizenship.

You never know, you can decide to go back; besides, Canadian universities are excellent and very affordable; your daughter and future kids would be able to study in top universities in Canada which pretige in widely recognized in the US; in fact, one of Canada's big problems is the permanent "brain drain" to the US. It is just so easy to move to the US for Canadian citizens.

Good luck.

Noorah101

I don't understand your frustration. You said you will be in Canada another 16 months. If you send the I-130 to the USA next week, your daughter will have her immigrant visa long before 16 months. Seems like it would work out just right, actually.

If you still need to be in Canada another 16 months, when were you planning to just cross the border and AOS anyway? Wait 16 months over in Canada and THEN do that? Why not just get started now, and do it all the legal, correct way?

Rene

Noorah101

No one is stopping her. If you happen to come visit the USA, she can come as a visitor. You wouldn't be staying in the USA, anyway, as you've said you need to stay in Canada another 16 months. So, 16 months from now, when you come to the USA permanently, she will have her immigrant visa by that time, and can enter with you permanently (if you file the I-130 from Canada). I believe she might even become a USC upon entry to the USA using her immigrant visa....a heck of a lot better deal than going through the long process of AOS! I don't see where at any point she would have to be separated from you.

Rene

Folinskyinla

Hi:

What is the LEGAL relation between you and the young girl? You don't say. Are you the biological father? Were you married to the mother of the child at any time? Please clarify.

captain76

I am the biological father and I was married to her mother.

Although I said that we are temporarily in Canada for 16 months, I suppose I meant for up to 16 months. Now that my US situation is sorted I do not necessarily want to stay the full 16 months.

captain76

I thought people with US passports had to use them when entering the US. If I entered with my US passport and she entered VWP or with a B2 Visa, wouldn't the POE stop us/her because of implicit immigration intentions?

JAJ

And the better news is that if the child enters the United States with an immigrant visa, child immediately becomes a U.S. citizen.

Folinskyinla

Hi:

There are several ways to do this. It may be possible to do an expedited immigrant processing. Also, humanitarian parole comes to mind. I suggest you consult with an experienced immigration attorney -- these two things may not be the only way and a private individual consultation might be in order.