Where did we go wrong?

[Bess Rattray]

Hello,

I'm a U.S. citizen and my husband of six years is a Canadian citizen.

After about seven years living in Canada with our two kids, we decided to move back home to the U.S.A. in March of this year. The kids and I came home and they started school, etc., while my husband spent the last eight months traveling back and forth from Canada to the U.S.A., tying up loose ends and renting out our house up North. Six weeks here, six weeks there, back and forth, and on each crossing he told the border folks openly and exactly what we were up to.

Today, he drove down to the U.S. border for what we thought was the last time — with his truck all packed for his final move here, with his application (and my sponsorship application) in hand. We thought he would be allowed to enter the U.S. as a normal visitor and then we'd "file concurrently."

Instead, they refused him entry to the U.S. and sent him back to Canada. Deported?!

They said we were mistaken: We needed to have applied and had his visa granted before he entered the U.S.

They said he will not be allowed back into the U.S. on a visitors' visa. He won't be allowed in for Christmas, etc etc etc.

Where did we go wrong?

Our kids think he's coming home tomorrow night.

Does anyone think we have any recourse? Any way they'll let him in for a Christmas visit, for example?

Thanks very much,
Bonacker

[Adibi]

He might have to enter through a different border. He doesn't have to show any document showing you are filing his paper work. He just needs to come in as visiting his family for Christmas and return. He needs to have his address in Canada active and a few people to verify he will be returning..... That is if they ask. Sorry about that but we have friends who have suffered this, and our best bet was to stay away from borders like Detroit. Good luck.

[Bess Rattray]

Apparently, when he got to the border today, he said: "I'm moving to the US to be with my wife and kids. I have my applications here, ready, and we're going to file concurrently." (He's been across this border a few times already this year, and we'd already had a conversation with the border people there, explaining our intentions to do this as soon as my husband had wrapped up loose ends in Canada. We've always been 100 percent open and truthful.) Well, the border agent said, "Nope! This is an attempted illegal entry. No way are you getting into the U.S." They had my husband sign a sworn affidavit before they'd let him return to the Canadian side. Our house up there is rented out. Christmas is coming. The kids think their dad is arriving here tomorrow.

They warned him that if he attempts to visit the U.S. while his application is pending that he could get barred from the country! So he thinks there's zero way he could visit here while his application is pending... and how long might that take? Is it under a year? (I am in New York State, B.T.W.)

Me and our kids are all U.S. citizens. Their dad has zero criminal record, never done anything wrong, runs his own business. . . but apparently misunderstanding the rules of application is heinous and bad enough to break up a family over?!

This is so crazy.

And all this happened because he was truthful-- because he didn't lie! If he'd just come down here as he's done a few times already this year, without saying he intended to apply for a green card, they would have let him thru, no problem.

[Adibi]

Well it is important to be truthful, something I stand by. However, it is very important to talk less and give less information. Unless otherwise asked..... Don't say much. I really feel bad for him. Have you thought of going over and crossing the border with him? That can be very helpful. I pray your family will be able to celebrate Christmas together. Honestly praying.

[Bess Rattray]

That is very kind. Thank you so much! I hadn't thought of that, going over in order to cross with him. Great idea!

[bandk]

Unfortunately this is the norm. you have to apply beforehand for the immigrant visa and he needs it in order to come. With preconceived intent and family in the USA they would not let him in.
Only solution is that you start the process now. Why don't you visit him since it's driving distance? With immigrant visa in progress and after this incident the chances they will let him in is almost zero.

[Bess Rattray]

Yes, I guess we will visit him in Canada. Our house out there is rented out to tenants, unfortunately—because we thought we'd all be down here by this week. So it will be pretty weird if we have to have Christmas in a hotel. But . . . darn. Thanks so much for all your help and advice.