What can I do if I’m Canadian citizen and both my kids have US and Canadian citizenships but we are being denied re-entry into the US?

UPDATED: Sep 29, 2022

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What can I do if I’m Canadian citizen and both my kids have US and Canadian citizenships but we are being denied re-entry into the US?

They have been attending middle school in the US for the past 8 months. We consistently return back to Canada each month for 2 to 3 days each time. Then, 2 days ago, we were denied entry into the US by US customs based on 2 reasons 1 the legal guardian in the US needs to have permanent US residence, and 2 each month I spent more time in the US than in Canada. Now we are terribly exhausted as my children will not be able to return back to school next month and all our household and personal belongings are still inside our apartment which we also have to pay rent each month. I do not work in the US, simply just live in the US to accompany my kids while they attend school.

Asked on August 30, 2015 under Immigration Law, Washington


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You are not eligible to LIVE in the US and to have your kids go to school there on a regular basis if you are not residents of the US and have no status in the US.  As Canadian citizens you are able to enter the US for up to 6 months at a time as TOURISTS!!!  That does not mean attend fulltime school and live in the US.

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