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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28062
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My wife was Canadian 30 years married me in 2004 ,she has

Customer Question

my wife was Canadian for over 30 years married me in 2004 ,she has her American citizenship we are living apart for a month she in Canada me in states. She became an American citizen officially in 2009 has Canadian passport and rental car. She wants to come back to states but not sure how the border will treat her
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Ely replied 4 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

You state that she has her American Citizenship, meaning she is a US Citizen, correct? If so, then it does not matter how long she has lived abroad, and whether or not she has lived with you or not. As a US Citizen, she is allowed to live abroad for as long as she wants to, and, her citizenship is not dependent on your marriage. Those restrictions are for lawful permanent residents. If she is a US Citizen, then that does not apply to her.

So the US customs and immigration control should not have any issue letting her through provided she has her US Passport. If she does not have it, she can get a copy via the nearest US Consulate/Embassy.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

But she is a U.S. Citizen with a U.S. Passport? Has she been paying her U.S. taxes?

Expert:  Judith replied 4 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

In recent years the law changed and requires US Citizens returning from Canada to have a US passport. She cannot use a Canadian passport to return.

She will need to make an appointment with the US Citizens Services at the nearest US consulate and file a passport application there in order to return.

If she is in possession of a valid unexpired US passport, she has no problem returning.

If you tThiell me where her closest US consulate is in Canada I will provide you a link to how she can apply for an expedited passport if it is an emergency for her to come back and she is lacking a US passport.

This is not the old days of easy border crossing. Terrorism has changed that. In addition, the law requires all US citizens to depart and enter the US using a US passport. Since she didn't go through any inspection except on the Canadian side she was able to use her Canadian passport to enter Canada. But to come back she needs a US passport.

You will need to send her naturalization certificate to her in Canada for her to get her US passport.

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