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How long to get Visa to get into USA to see my family..?

My kids and wife are in the USA (she a USA citizen, they are not -- no, having a USA mom doesn't auto make you an American, look it up).. Anyways, tried to cross border with my Binder showing that I will be coming back to Canada --job etc -- but they didn't believe me, said it looks like I am trying to immigrate to the USA.. Now, I want to see my kids but can not!! How long will it take me to get the Visa to get into the USA??

3 Answers

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  • 9 years ago
    Favorite Answer

    That's right: if your wife did not meet the residency requirement of the U.S. Department of State (5 years of residency, 2 of which need to be after her 14th birthday), and her parents (the kids' grandparents) also can't meet these requirements (which does work, trust me that I know the basics of the law), then the kids are not U.S. citizens at birth and don't become citizens until they are formally "admitted" to the U.S. at which time they will receive Green Cards and . . . voila . . . a microsecond later they become citizens by virtue of the Child Citizenship Act of 2000.

    http://www.uscis.gov/files/pressrelease/CCA_102504...

    You, however, have presumed immigration intent, so they will not allow you to visit your wife and children in the U.S. Y'all have to meet up in Canada and if you want to move in with your wife -- what a crazy though that is! -- she'll have to file an I-130 petition for you with the USCIS.

    Source(s): An immigrant of German and Swedish descent, I am an attorney and reside in the charming old mission town of San Buenaventura, California.
  • Raelyn
    Lv 7
    9 years ago

    If your wife did not live in the US at least five years, including two after the age of 14 prior to giving birth to her children, then no, her children do not derive citizenship automatically although she can petition them for green cards, and hopefully she has done so if they ae living in the US. According to a previous question, you had sold your house and packed up to move to the US to be with your family but were turned around at the border. Because of that, you probably won't be allowed in as a visitor. Should have done things the right way and arranged for an immigrant visa before your family moved, rather than show up at the border expecting to fix your papers later, but according to another question, your family fled to the US to escape creditors. Good luck untangling the mess you've made for yourself.

  • Erika
    Lv 4
    4 years ago

    you should satay out somewhat longer than you stayed in ... So 3 months in ...then 4 months out ... bear in thoughts American get little or no holiday time they dont understand eu lengthy breaks

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