Obtaining Green Card as a Canadian Citizen

For Canadian citizens who are immediate relatives of U.S. citizens, the journey towards adjusting status and ultimately achieving permanent residency (a.k.a. Green Card) in the United States is filled with specific procedures and requirements. One common concern arises when a Canadian enters the U.S. by car and does not receive a stamp in their passport indicating their date of entry. This situation raises an important question: Can they adjust their status based on a petition by a qualifying U.S. citizen without this stamp? The answer is nuanced and requires understanding the flexibility offered by U.S. immigration policies for Canadian citizens.

Entry Without a Passport Stamp

First and foremost, it’s crucial to acknowledge that Canadian citizens are generally visa exempt. This unique status allows them to enter the United States for certain purposes without obtaining a visa in advance. However, when it comes to adjusting status—a process that requires proof of legal entry—the absence of a stamp in the passport could complicate matters when it comes to obtaining a Green Card.

Did They Get Their Passport Swiped?

A pivotal question in such situations is whether the Canadian citizen had their passport swiped by U.S. Customs and Border Protection (CBP) officers upon entering the U.S. This electronic record could serve as evidence of entry, even in the absence of a physical stamp.

Checking the CBP Website

For those who find themselves without a passport stamp, the CBP website offers a valuable resource. Canadians can check their travel history by visiting the CBP website and selecting the “View Travel History” option. This feature provides a record of entries and exits that can substantiate a claim of lawful entry into the United States.

The Role of Detailed Affidavits

Recognizing the unique position of noncontrolled Canadian entrants who do not receive a Form I-94, the U.S. government allows for the submission of a detailed affidavit to explain the circumstances of their most recent entry. This affidavit, which can be signed by the applicant, should specify when, where, and how the entry into the U.S. occurred. To strengthen the affidavit, applicants are encouraged to include any documentation that can corroborate the details of their entry. Such documentation might consist of receipts for transportation, fuel, hotel stays, or any purchases made upon entering the U.S.

Substantiating Your Entry

Even in the absence of a Form I-94, it’s possible that CBP has recorded the entry in the visitor’s travel history. Finding this record and providing a screenshot of the travel history can be a significant piece of evidence in the adjustment of status process. Alongside the detailed affidavit and supportive documentation, this record can effectively demonstrate the date and legality of entry.

Conclusion

Adjusting status in the U.S. to obtain a Green Card as a Canadian citizen without a passport stamp is indeed possible. By leveraging electronic records, detailed affidavits, and supporting documentation, immediate relatives of U.S. citizens can navigate the complexities of the immigration process. It underscores the importance of keeping records, checking available online resources, and understanding the flexibility afforded by U.S. immigration policies to visa-exempt Canadians.

For those embarking on this journey, it’s advisable to consult with an immigration attorney to ensure that all documentation meets the stringent requirements of U.S. Citizenship and Immigration Services (USCIS) and to navigate any potential challenges in the adjustment of status process efficiently.