US citizen child got COPR

[canuck_in_uk]

So even if you ask for it or not, you will still get one. Unless you actually enter US to "visit" and then return to Canada and you never mention flagpoling.

It is still considered flagpoling even if the person enters the US for a few hours and you can still tell the US officer that you are flagpoling but want to enter the US for whatever reason, to do a bit of shopping or something.

And there are situations where a person has no choice but to actually enter the US when landing. My partner landed by taking the ferry from Vancouver Island to Port Angeles, USA; we had to enter the US for a few hours while we waited for the return ferry back to Vancouver Island. The US officer took one look at our passports and lack of bags, said "Flagpoling?" and waved us through.

 

[Rob_TO]

Those are quotes from the link I posted. This has been asked many times before. You say you are there to land in Canada, US gives you a paper and they write you down on their computer as "administrative refusal". So even if you ask for it or not, you will still get one. Unless you actually enter US to "visit" and then return to Canada and you never mention flagpoling.

Sometimes you get one, sometimes you don't need to. Hence the reason why you shouldn't specifically request an administrative refusal, you should say you are flagpoling and then just let the officer do what they need to do.

 

[zardoz]

Here's a question... Can a USA citizen actually obtain an "administrative refusal" based on the fact that they have the absolute right to enter the United States?

 

[screech339]

Here's a question... Can a USA citizen actually obtain an "administrative refusal" based on the fact that they have the absolute right to enter the United States?

The issue is not that the US child will be getting the "administrative refusal" but for the parents are not are American citizen since they would be the one driving around the border for their child to land as PR.

 

[zardoz]

The issue is not that the US child will be getting the "administrative refusal" but for the parents are not are American citizen since they would be the one driving around the border for their child to land as PR.

Isn't it the child who has to receive an "administrative refusal", unless the whole family is actually passing into the US and back out again? It's possibly a somewhat theoretical question but would certainly be relevant to an adult US citizen who wishes to "flagpole".

 

[canuck_in_uk]

Isn't it the child who has to receive an "administrative refusal", unless the whole family is actually passing into the US and back out again? It's possibly a somewhat theoretical question but would certainly be relevant to an adult US citizen who wishes to "flagpole".

Agreed, it's the child that would require evidence of having actually left Canada to re-enter as a PR.

computergeek stated on a different site:

If you are a US citizen, you cannot be administratively refused (entry is a right of a US citizen or permanent resident) so instead they stamp your passport so you can turn around and go back to Canada.

 

[screech339]

Agreed, it's the child that would require evidence of having actually left Canada to re-enter as a PR.

computergeek stated on a different site:

If you are a US citizen, you cannot be administratively refused (entry is a right of a US citizen or permanent resident) so instead they stamp your passport so you can turn around and go back to Canada.

I agree that the US child does not get the refusal as the child has the right to enter US. However by flag poling around US border and re-entering Canada is evidence enough that the child actually left Canada since the child is at the Canadian border prove that the child left Canada without having the passport stamped.

What could be an issue is whether the OP or the spouse have US visa to enter US. If they don't have any US visas to enter US, that may pose a problem. How can one or both parents enter US with a US child?

If only only of the parent have a valid US visa, the parent would have to provide letter of permission to allow the other to travel alone with the child. More paperwork.

 

[canuck_in_uk]

I agree that the US child does not get the refusal as the child has the right to enter US. However by flag poling around US border and re-entering Canada is evidence enough that the child actually left Canada since the child is at the Canadian border prove that the child left Canada without having the passport stamped.

What could be an issue is whether the OP or the spouse have US visa to enter US. If they don't have any US visas to enter US, that may pose a problem. How can one or both parents enter US with a US child?

If only only of the parent have a valid US visa, the parent would have to provide letter of permission to allow the other to travel alone with the child. More paperwork.

It isn't proof at all. There are many border crossings where it's possible to exit Canada but U-turn before actually getting to US immigration. Many people used to do this before CBSA cracked down on it not too long ago. Without actual proof of having been to US immigration and officially having exited Canada, either the admin refusal or a US passport stamp, CBSA can and most likely will refuse to land a person.

It's not an issue at all for the parents, as they don't need to enter the US. They go to US immigration, explain that they are flagpoling with the child, get the child's US passport stamped and head on back to Canada. The parents don't even need admin refusals, as they have no need to prove to CBSA that they actually left Canada.