Asked in Immigration Law

Q: What happens to Canadian without a passport who married an american citizen at the border

Hypothetically.

Lets say a Canadian went to the US and married an American. They have a kid. But the Canadian doesnt have a valid passport. One day he wants to visit his canadian grandparents with his family and decides to go north. The child has passports and the wife a visa. At the border, what could happen?

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1 Lawyer Answer
Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: Officially only a valid passport guarantees entry to Canada but some claim to have entered on expired passports. It would be best if the Canadian citizen applied to renew his passport via mail before returning to Canada. But if a Canadian citizen does attempt to re-enter Canada with expired passport, it would be advisable to also present a Canadian birth certificate and another form of valid ID (preferably photo ID). NOTE that if the Canadian has overstayed his authorized stay in the US he may be barred from returning to the US (3 year or 10 year bar depending on how long the overstay is). To avoid this, the Canadian citizen should inquire about applying for Adjustment of Status (i.e. green card) if his last entry to the US was lawful (i.e. he was inspected at the border. Did not sneak in). Best wishes!

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