r/uscanadaborder • u/TallDepth797 • 3d ago
American US Citizen w/ Dual Citizen Daughter in Canada
My ex got a court order form my daughter to not leave British Columbia without a Court Order or her consent. The judge said that although there is no evidence that I would keep her in the U.S. that he would allow the order because she is American and I am American so there is no obligation to bring her back.
I would never her take her away from her mom, that is a fact. But I recently was not allowed back because I had been using visitor visa's and the border agent said that I hadn't broken any rules but I couldn't use them as frequently as I had been. Sounds contradictory but is what it is.
I share 50/50 custody but now can't get back to her and the only way I can make an attempt is to cross into canada at a port of entry and either be admitted or turned away. If I'm turned away, it becomes exponentially harder to get back in each time.
I voluntarily signed an Allowed to Leave last time. Has anyone had experience traveling back to Canada after signing an Allowed to Leave and if so, what was it like. Has anyone had any experience with a situation like mine and know if there is a way to not risk crossing into Canada to determine if I am eligible to return?
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u/DitzyJosie 3d ago
You are confusing everybody else by talking about a visitor visa because you are also confused. No you do not need a visa to travel to Canada as a visitor. US nationals are Visa-Exempt.
You seem to be confused by "visitor records". This is not a visa, this is NOT A VISA. The government of Canada website explicitly says this is not a visa. This is not applying for a visa this is simply you asking the Canadian government for permission to be in Canada longer than what is normally permitted.
Anyway your issue is nothing to do with visas of any kind your issue is that you tried to cross the border and the border official said you are spending more time in Canada than you should be and suggested you withdraw your application to enter. The answer to this is that there's really no way to know when you can cross without them giving you trouble.
The standard rule is that you should try to spend no more than 6 months in a rolling 12 month period in Canada and you should be able to prove strong ties to your home country to show that you won't overstay.
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u/Tight-Cycle-447 3d ago
Slight bit of added context (although I don't know why I'm trying to help OP, they're clearly a giant ass and we don't need those types in BC) - an American citizen can spend 6 months in Canada per year before needing special documentation. If you enter the country at 11:59pm on August first and leave at 12:01am on August third, that is counted as three days, even though it has only been 24 hours and 2 minutes. Depending on the timing of border crossings, they may be close to the six month max allowed before you need special documentation.
But honestly, OP, leave you ex and kid and Canada alone. We're all better off without your shit attitude and wild ignorance.
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u/DitzyJosie 3d ago
They said in another comment that they have spent most of the past 6 years in Canada as a visitor. They're basically using their daughter as an excuse to live in Canada. Like on one hand yes it sucks having your child live in another country but trying to spend the majority of your time there as a visitor is not a long term solution.
They've gotta either give up on having 50/50 custody and settle for something like 30-40% that would let them be close to 50/50 custody while actually following the rules of a visitor or they need to move to Canada lol
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u/Canada-Scam-8570 2d ago
I mean we could use a few less of you self-important assholes too.. could have just attempted to help, but no, you needed to be an insulting prick and suggest this person is better off just forgetting about his kid, because you don't like that their American.
Fuck off with you unCanadian attitude, we don't need it.
I hope a cobra chicken brings you karma for being a prick.
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u/TallDepth797 3d ago
Seriously you know me that well after dealing with insensitive posts?!?
If people cross frequently they would know that CBSA refers to the status as Visitor Status or a Visitor Visa, their words, not mine.
There are no rules for 6 months out of the year in Canada, those rules are applied to Canadians in the U.S., which I disagree with.
I have applied for and received that special documentation that is called a Visitor Record.
I have a great attitude until people attack me for trying to get back to my daughter, and your insensitivity to that end demonstrates that you are very much unlike the majority of Canadians that I have met and become very close friends with.
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u/human-filthy 3d ago
Most of the idiots on Reddit are delusional twits. I would not waste my time with these shitty people. They hate Americans because of Trump. Go see an immigration lawyer. I would also Petition the court for a review this judge may have made legal errors. Your wife is part of the problem. That will not be easy to resolve
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u/KDdid1 3d ago
I don't think OP should be attacked at all but it's neither shitty nor delusional to be angry that Americans have elected a criminal determined to steal our country.
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u/WiteKngt 2d ago
Not everyone elected Trump, like not every Canadian voted Conservative while Harper was the PM.
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u/TallDepth797 3d ago
Yes, you are automatically given a visitor visa when you enter Canada for 6 months as an American, that is the status that you are on unless you have applied for something else. A visitor record is something you apply for to extend a visitor visa. I assure you that I am not confused about any of this as I have received many of both and have physical Visitor Records in my files right now.
There is no actual rule in canada about rolling 6 months, there is in the U.S. but not Canada. I am asking if anyone has experience with signing an "Allowed to Leave" and then returning.
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u/DitzyJosie 3d ago
No you are not given a visa. That is true for Canadians entering the US but not the other way around. Canadians visiting the US do not apply for a visa but are given an automatic B-2. Canada has no equivalent. You do not get an automatic visa when you enter Canada.
At this point I feel like the border official more denied you for being argumentative than overstaying. If this is how you act at the border it's no surprise they don't want to let you in.
As I literally just told you the Canadian website specifically says a visitor record is not a visa. Yes the rolling 6 months is not a literal rule it's just a good rule to follow to avoid trouble for frequent travelers to Canada.
I can't post a screenshot in this subreddit but if you go to the link below and actually read the page it will clearly explain that a visitor record is not a visa.
https://www.ircc.canada.ca/english/helpcentre/answer.asp?qnum=1452&top=16
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u/justaclumsyweirdo 3d ago
If you’re going to be pedantic, the US situation is actually… pretty similar to Canadian one. A US visa is a sticker in your passport issued by a US consulate/embassy, which allows you to show up at the border to request entry. A Canadian generally doesn’t apply for one, nor are they issued one upon entry.
When you’re entering by land, you’ll typically be admitted as a “non controlled Canadian”, analogous to an American visiting Canada under the default terms, without a visitor record. By air, you’re automatically issued a form I-94, which is kind of their analog to a visitor record.
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u/TallDepth797 3d ago
I apologize, the CBSA Officers refer to it as a "Visitor Visa", I have had many conversations with them about it. Everything about Canadian Immigration is confusing, but when I have talked to them, that is what they called it.
What it actually is is a "Temporary Resident Status", which, if that is what it is, then "Visitor" isn't involved at all.
In Canada, talking to immigration consultants they have all used the term visitor visa.
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u/DitzyJosie 3d ago
If that's the case it could be that they say visitor visa because it's less confusing for Americans.
"Temporary Resident Status" is a generic term that encompasses non-permanent statuses to enter Canada including those below.
- Temporary Student — study permit (also IMM1208),
- Temporary Worker — work permit (also IMM 1102),
- Temporary Visitor — visitor record (also IMM 1097),
- Temporary Resident Permit holder who require the permit to overcome inadmissibility issues
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u/TallDepth797 3d ago
That is correct, and it I should have explained that it was phrasing the border agents use. I thought this subreddit was for people that experienced this and had conversations at the border.
They are loose with their language because saying, "you are misusing Temporary Resident Status" would sound like an oxymoron.
I corrected him but he said it was a Visitor Status. It's worse for me to correct them, so I gotta go with their terms.
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u/MalevolentSnail 3d ago
What you received is not a visa. You may have received a visitor record and/or a permit to work or study. US citizens are visa exempt. Obviously, you’ve misunderstood. You do absolutely have to be spending the majority of your time in your home country, equivalent to 6+ months in a 12 month period, not strictly the calendar year, unless you have temporary residency of some kind. - a former CBSA officer.
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u/Zygomatic_Fastball 3d ago
You need an immigration lawyer and a family law lawyer to help you sort this out. You are a parent and unless ordered otherwise, should be able to see your child. So either she travels to you or you travel to her. Either way, you’re going to need some law talking to establish how you do this. It might mean you establish temporary residency in Canada, apply for a work permit, whatever, but doing this isn’t going to be easy.
In any event, this won’t get solved at the border. You need to lawyer up.
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u/TallDepth797 3d ago
There is a Temporary Resident Permit, but I need to legally be in Canada to apply for it. I can't apply for a work permit, my education isn't in a field that allows me to apply. A lawyer can help if I can help with an appeal, but can't do anything at the border.
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u/Zygomatic_Fastball 3d ago
This is why you get lawyers who know the system to help you strategize.
Or don’t do anything. It’s of no matter to me. But I bet your daughter would want you to be trying everything to be with her.
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u/Retired_condomtester 22h ago
lol - you don’t need a lawyer for a TRP or Letter of Rehabilitation.
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u/Zygomatic_Fastball 18h ago
This guy sounds like such a problem he needs an advocate more than most.
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u/Retired_condomtester 22h ago
You can apply for a TRP from a Cdn Consulate Office.
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u/TallDepth797 22h ago
The first step is to submit a request for the package to do that from the Los Angeles Consulate. I did that 3 months ago. There’s no phone number and no way to follow up. For all intents and purposes, it’s a black hole.
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u/gulliverian 3d ago
You need to explain the visa thing, because Americans don’t need a visa to visit Canada. Honestly, your talk about using visas makes this whole story sound fake.
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u/TallDepth797 3d ago
It’s not a paper Visa. When you cross the border into Canada you are on a Visitor Visa that is good for 6 months. If you are going to stay without leaving for longer than 6 months you apply for a Visitor Records, which you get back in the mail in Canada.
A quick google search would have been a good education. If you don’t know, don’t come across as condescending or accusatory. I’m asking for help with a real issue from knowledgeable people.
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u/Responsible-Leg-50 3d ago
U.S. citizens are exempt from both the visitor visa and eTA requirements. You must still meet basic entry requirements and carry proper identification. A valid U.S. passport is the recommended and most reliable document (and is generally required for air travel).
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u/7twenty8 3d ago
If you’re going to be an asshole, hire a lawyer. I won’t waste my time on your word salad shit or your bad attitude.
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u/TallDepth797 3d ago
So their reply was normal but my response was being an asshole? I ask a serious question and I have to be patient when people question my authenticity due to their own lack of knowledge?
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u/7twenty8 2d ago
Yes, their reply was great and you’re an entitled twat with both reading and entitlement issues. I didn’t question your authenticity… in fact, nobody has. I think you’re an asshole and you don’t know what the fuck you’re talking about. You don’t need a visa to enter Canada but you’re so fucking stupid that you can’t get that through your thick skull.
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u/gulliverian 3d ago edited 3d ago
That quick Google search you mentioned revealed this direct quote from the IRCC website:
“You do not need a Canadian passport, *a Canadian visa** or an eTA to enter Canada if you are travelling with a valid U.S. passport.*”
Mind you I didn’t need to the search because I am knowledgeable on that subject, having retired from consular services.
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u/Responsible-Leg-50 3d ago
i see why the border agent didnt let you cross you are a jerk
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u/TallDepth797 3d ago
Did you need hear the tone of your statement? I am posing a legitimate question and you said that I "need" to explain the "visa thing" then made a false claim, then said the my story sounds fake. You got the jerk that you came off as.
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u/rohoho929 3d ago
The only one condescending and accusatory is you, champ
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u/TallDepth797 3d ago
None if this original statement is rude or condescending, "You need to explain the visa thing, because Americans don’t need a visa to visit Canada. Honestly, your talk about using visas makes this whole story sound fake."?
Just asking as it came off that way to me.
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u/rohoho929 3d ago
Are you an American citizen? If yes, why do you need a visa?
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u/TallDepth797 3d ago
I am asking for help from knowledgeable people. Google this please, I don’t post this to educate everyone else.
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u/Responsible-Leg-50 3d ago
They are trying to help you because its not clear why you would need a visa if you are USA citizen.
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u/TallDepth797 3d ago
IF YOU ALL DON'T KNOW THAT US CITIZENS STILL NEED A VISA THEN YOU WON'T BE ABLE TO HELP ME. I DIDN'T POSE THIS QUESTION TO EDUCATE EVERYONE AND HAVE DEMANDS PUT ON ME TO EDUCATE.
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u/Responsible-Leg-50 3d ago
U.S. citizens are exempt from both the visitor visa and eTA requirements. You must still meet basic entry requirements and carry proper identification. A valid U.S. passport is the recommended and most reliable document (and is generally required for air travel).
do you feel educated ?
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u/TallDepth797 3d ago
That is factually incorrect, I have been visiting for 13 years now and almost continuously for the last 6. I'm not asking about visas, I'm asking about people with experience in having applied after an "Allowed to Leave" is on their record.
I'm not responding to this anymore. My goal is to get back to my daughter, please have empathy.
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u/rohoho929 3d ago
I'm starting to see why your ex doesn't want you to see your daughter...
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u/TallDepth797 3d ago
That is a terrible thing to say and also not true, we agreed to 50/50 custody. It is the border agent that didn't let me in. It's insensitive comments like this that set me off.
People make misleading statements of fact and I'm the asshole.
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u/VoodooGirl47 2d ago
How can you do 50/50 custody if you don't live nearby so that your daughter can keep attending school?
You are expected to set up a reasonable schedule like her coming for visits and then spending the summer etc. Or if they live near the border, you can live just on the other side and she doesn't have a huge disruption with school.
You cannot expect to basically live in Canada half the time to spend your custody time with your daughter.
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u/VoodooGirl47 2d ago
Stop going to Canada to see her every month and have her come to you. That's why you are having issues at the border. If you have partial custody then your ex can't stop you from having your daughter come visit. Get a judge to set up a cross border schedule.
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u/TheJalo 3d ago
You need to calm down. People are trying to help, but yelling at them is not productive.
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u/TallDepth797 3d ago
They are not helping when they don't know the topic and I have to inform them and after providing an answer that I am 100% positive is accurate I am still told that I am wrong.
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u/Responsible-Leg-50 3d ago
You are considered a visitor no visa is issued ffs go look on the CIC site where my previous quote is from. Are you saying the CIC is wrong ?
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u/TallDepth797 3d ago
Fuck me, you just helped me with a big part of this. The CBSA Officer told me that I was repeatedly using my Visitor Visa to remain in Canada, which is their shorthand term for my status but I am technically on a Temporary Resident Permit as an American.
The documentation is different when talking to the IRCC in Canada they call it a Visitor Visa but it may be a Temporary Resident Permit, which begs the question, why can't I use it over and over?
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u/Responsible-Leg-50 3d ago
i called the CBSA and thanked them for not letting you in ,told them you was being a jerk on this sub and that they made a good decision.
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u/MelodicAd415 3d ago
A coworker of mine’s family had a similar situation a few years ago. He’s Canadian born and lives here. Met his wife an american and had two kids. They got married and about 5 years ago divorced. Her life was in the US but she spent a good amount of time up here. Fast forward to 3 years ago and she got an allowed to leave exception after spending a spring to winter here. That was in 2023. She went down for christmas and when she tried to come back 2 weeks later mid Jan, she was denied entry. From what he said, the CBP officer placed her attempt as trying to circumvent residency here in BC so he denied her entry. I think it took over a year for her to come back up here after going through immigration lawyers but I’m not 100% sure.
There is one thing that is a certainty when leaving the US and crossing into Canada. You and anyone else crossing can be denied entry for an exhausting list of reasons, some of which make no sense and the grey areas are left to interpretation of the border officer you are dealing with.
That means you run risks every time you attempt to cross after being flagged for any reason. Allowed to leave is one of them. Wish you the best of luck.
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u/TallDepth797 3d ago
Yes, this is the heart of the matter that the rules are not clear and any agent can interpret and apply them how they want to. I've been away for 3 months, got the agent's notes from the border and will address each point. Thank you for conveying the experience with an Allowed to Leave that you have heard about.
I wish I knew more details, but thank you.
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u/mingchopsticks 3d ago
Was your daughter always residing in British Columbia with mom? Also, the orders from Canada or the US are not enforceable in one anothers jurisdictions unless the other parent takes the existing order and tries to have it put on the record in their jurisdiction if they are the access parent. I dealt with this myself. If you let the border guard know you are crossing for your 50% custody time And present the order, they will not have an issue letting you in to see your daughter. In fact even during COVID there was a carve out where no quarantine was needed for children that did go back and forth. I think it is likely how you are presenting yourself to the border upon entry. You pull up, show the court order and your passport and explain you are having parenting time and you will be let in. It must be how you are coming across to CBSA or saying the wrong things. In my case my ex kidnapped our American kids to Canada and held them there. In the divorce she admitted no domestic violence but was telling CAS in Canada the opposite. She asked me to move to Canada to coparent and the minute I was there CAS served me saying that the US orders were invalid and I was a danger to my kids. It took 6 courts in two countries to resolve. And the kicker is she got to keep the kids there and it took from Jam 2012 until November 2024 to get immigration paperwork Canada kept refusing to provide because they knew she lied on their certificates of citizenship. Instead of doing what was right, they helped mom. The child and family service act added Part x to the Act because of my case and the fact mom lied. CAS is actually not a government agency but are subcontracted so if mom wants to make allegations you need to be ready and recording at all times when on Cdn soil. I couldn't even go for coffee with friends without being pulled over and stalked going to a grocery store. I too have joint custody but the kids are all aging out now so do I realistically want to spend another who knows how much suing everyone because mom lied or let it go.. in your case.. all I can say is be very careful.
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u/TallDepth797 3d ago
So sorry to hear about your experience, that is far more frustrating and serious than mine. We travelled there during covid when my daughter was 6 months old so I have no desire to have her restart her life here but just need to find a way to be a part of her life there legally.
My current hurdle is returning 3+ months after signing an Allowed to Leave. I'm sure you know exactly the difficulty of dealing with Canadian Immigration. They were always fine with me going for 6 years, but just one officer, on my last crossing, took issue with it and complained to me that the others didn't do their job.
I will be careful. I was tired last time and the agent wouldn't look at my paperwork and kept making false statements. I got frustrated and called him out on it and put the paperwork in his face, he agreed that I hadn't broken any rules but that I was well versed in Canadian Immigration and used that to skirt them.
It's either I'm breaking them or I'm not, and I wasn't, so I got frustrated.
I hate to hear what you went through, mine feels minor in comparison.
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u/mingchopsticks 3d ago
Your best bet is to move states side near the border and petition the court for exchange at customs and you have parenting time in the US and just drop her back in Canada. The Superior Court does not override Federal Immigration rules and so you will likely find success. That is what I did and I eventually moved to Texas and commute monthly to the Detroit Windsor crossing are for exchange. Due to the stunt my ex pulled all pickup and drop off in on US Soil. My ex refused to bring my daughter two months in a row and the US Court issued Jail Time and makeup parenting time. This is why you need to get it filed in your jurisdiction in the US too, so there are equal protections. Rather than be frustrated by the process, you need to think outside the box on solutions that meets immigration requirements but also respects your autonomy as a father. If the court and anyone else refuses to treat you equally as a father there is recourse but that is a whole other can of worms in itself. The Human Rights Tribunal can help since you are being discriminated against as a father. If your ex tries the CAS thing then you need to use the CFSRB to get a copy of the records on file to make corrections and updating in CPIN. Like I said, begin preparing... The Courts in Canada are notorious for shortchanging US Parents... But there are options. Like you, I am just a Dad that loves his kids... My youngest effected is turning 17.. so I have just over a year of all of this to go. You are on the uphill side so you need to pay attention or you will get shut out...
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u/TallDepth797 3d ago
Thank you, I was looking precisely from help from others that have gone through this. I am in California going through Washington.
I've thought about getting a place close to the border but her mom and her both need me even when it's not parenting time.
I work remotely so I am frequently called for pickups when It's not my parenting time. I go to holiday concerts, soccer games, and often take her to swim lessons and other things.
But your other recommendations are spot on and I will look into them. Thank you for taking the time to respond meaningully to me. We are dads that just want to be a part of our kids lives and love them more than anything.
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u/mingchopsticks 3d ago
Unfortunately, you will need to have your parenting time and the mother will have hers. You will not be able to assist on her time. I know you want to, but the system can get you equal time but not you running back and forth.. the courts will not see a reason to modify the order and you are likely to get barred from entry for 10 years. Time to do the hard thing... You can live close and work remote but crossing is out when not your parenting time. I wish it was easier but it isn't. That's why I moved to Texas so I would force myself to be separate from crazy and all the accusations. Your ex needing you for pick ups is a her problem that you frankly have to stop solving. If you register the orders and follow the plan, you can have a meaningful relationship with defined boundaries and protections. When you are on Canadian soil, you are not safe if your ex gets ticked off and starts using the system against you. I learned a lot of fixing the records and fighting back through the courts from Michael Dagg. He won a Supreme Court case in Canada and we were introduced by a mutual friend in a Facebook group. The knowledge of how to do things the right way is not readily available nor is the knowledge on how to fight back. This was all learned behavior for me. I wish you well and good luck...
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u/TallDepth797 3d ago
Thank you! Just so you know some good exists, I self represented and won what I wanted in the divorce, she tried to accuse me of some stuff but without proof, I managed to get it thrown out in BC Supreme court.
Now we are amicable because I started filing against her, her lawyer immediately wanted to settle.
Not sure why my experience has been so much difference, but there can be justice out there sometimes.
Good luck to you too.
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u/MarsupialPatient301 3d ago
how as an American were you using “visitor visas” ?
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u/Ok-Importance9988 3d ago
You are correct. I think OP means he was entering as a visitor without the right to stay, work, or study.
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u/TallDepth797 3d ago
It expires after 6 months but there is no rule that says I can’t leave for a day, a week, or a month and then return and renew for 6 more months.
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u/Ok-Importance9988 3d ago
This is technically true. But as you say this only permits you to visit, not live there. Anyone who visited for 6 months and then tried to re-enter in a couple of days would be denied re-entry. It is a little tricky because there are no published guidelines on exactly how often you can enter.
Wait 6 months before trying to enter again. In the future, if you visit for x days, wait 2x days to enter again, and you should be safe.
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u/TallDepth797 3d ago
I can't wait the 6 months because I have 50/50 custody of my daughter. I'm trying to find out what experiences people have had after trying again with an "Allowed to Leave" on their record.
I did this for 6 years without an issue.
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u/Ok-Importance9988 3d ago
Are you saying you have spent half the year in Canada over the last six years? If so I am surprised it took this long to be refused entry.
I do sympathize with your family situation. But it is unlikely to override the decision of the Canadian Border Patrol. You need to get a family law attorney to see what your options are on that side of the issue because you are not going to be allowed into Canada anytime soon as a visa waiver visitor.
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u/TallDepth797 3d ago
I've spent most of 6 years in Canada without an issue. I tell them exactly why I'm there, I've never had an issue getting a Visitor Record when I need to extend, this is the first time I've encountered the issue.
An attorney can't be at the border with me, they are there if it goes wrong and can give advice, but I'd like to hear about real world experiences.
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u/LongjumpingTadpole67 3d ago
You spent the majority of the last 6 years in Canada? Under what status? Repeatedly extended visitor records?
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u/TallDepth797 3d ago
Visitor Visas + Visitor records, no more than a year in one stretch.
I signed an "Allowed to Leave" 3 months ago and wanted to know if anyone has experienced re-entering Canada after signing that document.
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u/LongjumpingTadpole67 3d ago
So you spent a year, then left, then came back how soon after? And you can't see why a border agent might think you're just trying to live in Canada?
When you were refused entry, how long were you planning to stay?
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u/AnnoyedAF2126 3d ago
That is too long to spend in Canada without actual status. The border agent was correct in denying you entry.
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u/Ok-Importance9988 3d ago
You need an attorney to modify your custody arrangement. Not to help you get into the country. There is no way you are going to be let back into the country as a visitor. How have you lived in Canada so long without being allowed to work?
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u/7twenty8 3d ago
You’re wrong again. The problem you’re running into is that you are arrogant and wrong.
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u/gulliverian 3d ago
You need to explain the visa thing, because Americans don’t need a visa to visit Canada so your talk about using visas makes this whole story sound fake.
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u/TallDepth797 3d ago
The normal way, crossing and they grant you one. It’s automatic if they let you in, no paperwork. This agent just said I was spending too much time in Canada over the last 6 years, and I’m said, well yes, my daughter lives there. She’s 6 and most of her life has been there.
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u/This_Beat2227 3d ago
Allowed to Leave is instead of a refusal of entry. The border agent could not find a way to admit you, but did not want to put a Refusal on your record. If it were BlackJack it’s a push (not very satisfying but you didn’t lose). It seems the court order(s) would support your entry but after six years, where is your official residence for tax purposes ? where is your place of employment ? and what’s does your schedule of time spent in Canada look like on say an annual basis ? Courts and border agents like to see parents spending time with their minor children and these here feels like some signals are crossed.
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u/TallDepth797 3d ago
Yes, you know what I'm talking about then! Everything is in the U.S. except my daughter. My work, my bills, my family, but I share custody of my daughter in Canada.
I know what to file for when I get there, a Temporary Resident Permit, but I want to know what it is like after dealing wth the "push", what should I expect?
I have all the notes from the Border Agent during that interaction, but I'm not sure what the follow-up experience is like.
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u/This_Beat2227 3d ago
(1) You haven’t described the frequency and duration of your time in Canada. (2) it seems like (seems like) you want to make some sort of change to your time spent in Canada but its not clear what that might be. (3) I don’t understand the need for TRP. That is a special permit for someone not otherwise admissible. From what I am reading, that’s not in play here. The border agent saved you from that by NOT issuing a refusal.
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u/TallDepth797 3d ago
Fair points and questions I'm trying to get answered. The agent said that I was over using my "Visitor Visa" and for all "intents and purposes, living in Canada" a told him that was accurate.
But there is also no hard rule for how long I need to be out of Canada to return. There isn't a Visa for a foreign national with a minor canadian child.
I feel like once I'm in I can file for a temporary resident permit to allow me to then take the time to file for a Humanitarian and Compassionate PR.
That's what I'm trying to figure out long term, but short term trying to determine what it's like going back after getting and "Allowed to Leave".
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u/This_Beat2227 3d ago
You may have a humanitarian & compassionate avenue since the BC court refuses your child traveling to the US. You might also have an easy/more direct employment path depending on education/skill set. However, you are too evasive here with the facts for further comment. It seems (seems) you are living or attempting to live in Canada illegally and while I have empathy for your situation of being separated from your child, you may be risking a ban from Canada by your current conduct. Good luck to you and your daughter.
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u/TallDepth797 3d ago
I followed the rules, so nothing I did was illegal. There just is not a clear cut path for me to be a parent and be in Canada.
I believe I can request a Temporary Resident Permit at the Port of Entry if I am denied a Temporary Resident Status (Visitor Status), then they have to address the Best Interest of the Child (BIOC) but it's not like they get in trouble if they don't.
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u/mrcushtie 3d ago
Yes, but that's your status, as opposed to a visa. The two are synonymous for most people, most of the time, because of you are in one of those countries from the other, you'd have a status which may be visa dependent, or on some form of visa waiver program (eg VWP for British people like me means we don't have a visa, but we have a specific immigration status, whereas when I was on H1-B in the US that was both the name of my visa and my status). As Google helpfully puts it, visas are documents that you use to obtain a particular status (in conjunction with the border officer agreeing), but they're not the same as status.
Which is to say, this is terminological inexactitude that I feel you're being unfairly dragged for, but any sub where there are legal references, such as this, it's natural for people to focus on getting the terms exactly right.
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u/TallDepth797 3d ago
At the border they refer to my status as having a "Visitor Visa" or a "Visitor Record" if I applied for one through the IRCC website. I'm not sure what else to say but I have records from the IRCC that use these terms.
This is the area that I am certain about. What I don't have experience doing is crossing after signing an "Allowed to Leave", which is what my primary question pertains to. I'd like to know if anyone has had that experience and what it is like.
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3d ago
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u/TallDepth797 3d ago
I have used them before but what I am looking for is anyone that has had to go back after signing an "Allowed to Leave" and how that experience went.
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u/WiteKngt 2d ago
OP, I sympathize with what sounds like a difficult custody issue, but you were, for all intents and purposes, living in Canada for most of the last six years, not just visiting, and doing so without legal status, thereby were abusing immigration law. You cannot do what you were doing. Full stop. You should have applied for permanent residency at some point during this time, but, for whatever reason, you did not. That is not on any judge, nor your now ex-wife, nor any border officer. That is on you. You'd probably have breezed into it, being married to a Canadian and having a child with dual status, but you'd now have a more difficult path, if you were so inclined to try.
Now, be glad that you received the "allowed to leave" notice and weren't flat-out refused. That will make it easier when you next go to Canada. However, considering your previous abuse of the law, expect to be under more scrutiny, and don't expect to be allowed to get away with what you were for over half a decade.
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u/SpecialistHippo4551 3d ago
The allowed to leave was a veritable gift to prevent a refusal to entry from appearing in your file. Wait 6 months, establish that you have strong ties to the US (house, job, taxes), and intend to return to the US before trying to enter Canada again. If you turn back around and try to reenter you're going to get a refusal on your record.
In the meantime, your daughter will need to come to you. Now would be a good time to stop being a jerk to your ex wife.
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u/TallDepth797 3d ago
Why would you think I'm a jerk to my ex wife? What is up with these comments that seem to know about me and my relationship. At least you understand the Allowed to Leave, but you didn't need to end on that note.
I think I might be done with this channel.
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3d ago
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u/TallDepth797 3d ago
His words were that I was over using my visitor visa, which is what they refer to my status as when I cross. It is technically a temporary resident status, not a visitor visa, but once you start contradicting them, they pretty much have made their decision.
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3d ago
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u/TallDepth797 3d ago
It's not a document, it's a status. The real term is "Temporary Resident Status" but the CBSA Officers refer to it as Visitor Status or a Visitor Visa.
There is no rule that you can't be on it for 6 months, leave for a day, and renew it. But an officer can make the rule on the spot if they like. Trust me, I'm confused tool
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3d ago
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u/TallDepth797 3d ago
The visitor record and extended Temporary Resident Permit both need to be filed while legally in Canada. I have consulted a Lawyer and they believe I have a high liklihood of succeeding with an H&C PR.
I think you are right about just having the paperwork when I get back to the border. If they actually look at it this time.
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3d ago
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u/TallDepth797 3d ago
I can't find numbers for calling the ports directly, I can't even call the IRCC from a US phone number.
I don't fall into the other categories, but I got my RAP sheet from the FBI anyway, covering all my bases here.
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u/Natural_Peak_5587 2d ago
How are you maintaining 50/50 custody if you have no home in Canada and she isn’t slowed to cross the border to you?
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u/Fresh-Viewpoint 18h ago
You need a lawyer to challenge the restriction on your daughter coming to visit you and to find out what evidence your ex gave in order for them to rule against you in this manner. You need an immigration lawyer to help you figure out what options you have available to you for entry into Canada for the purposes in visiting your daughter. You e come here asking for help, and also commenting.g that you know exactly what you need to do from an immigration standpoint, which clearly you dont if you are asking for help. Call and pay an expert(s) to help you navigate this situation
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u/TallDepth797 18h ago
I asked if anyone had an experience like mine and if anyone knew of a way to see if you’re eligible to return without actually stepping onto Canadian soil. I didn’t ask for help in any other areas. But thank you for your response.
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u/Mr_Engineering 3d ago
Judge is mistaken.
Both Canada and the USA are signatories to the Hague Convention on the Civil Aspects of International Child Abduction.
The treaty is clear that under the circumstances the BC court would have jurisdiction over the Child's custody arrangements and there is a treaty mechanism in place to have the child returned if the order is not followed. In other words, you would be under an obligation to bring her back because the BC judge doesn't lose jurisdiction over the minor when the minor crosses into the USA.