Crossing the Border by Land with Identification in Different Names (Seattle: buy, inspection)

[basteagow]

Hi there!

I'm moving to Washington in a couple of months and would like to make a trip to Vancouver, BC one of my first activities there. I'm planning to ride Amtrak but might also want to drive.

I'm a permanent resident of the U.S., and I changed my name as part of the immigration process. My green card is in my new name, as is my (Texas) driver's license. My foreign passport, however, is still in my old name as Italy is old-fashioned and won't change my name to match. I'm a couple of years away from qualifying for naturalization and a U.S. passport in my new name.

As a U.S. permanent resident, I don't need a visa to visit Canada. The thing is, if I claim this exemption, Canadian border officers will want to see both my U.S. green card (for visa exemption) and my Italian passport (for identification), and the names on these documents won't match. I suspect this would cause delays, or worse.

Now, as an Italian citizen, I also don't need a visa to visit Canada. If I didn't mention the fact that I'm a U.S. permanent resident and simply entered as an Italian citizen, I could show my Italian passport only, and enter Canada in my old name. On the way back, I'd reenter the U.S. using my green card in my new name. Is this possible, though? Can you show one document on one side and another on the other?

Today, I also learned about the NEXUS program. If approved, this would take my foreign passport out of the equation altogether, as the NEXUS card would provide both identification and proof of status—all in one document, in my new name, that I could show on both sides of the border. The thing is, I have to provide proof of nationality (copy of Italian passport) and proof of status (copy of green card) as part of the NEXUS application, so I could be denied at that point due to the mismatched names. However, I imagine the NEXUS people would have much more time—compared to a rushed border crossing—to look at the supporting documentation showing my name change, so it might be worth a shot.

Can anyone who's crossed the border by land in a similar situation shed any light on this? To recap, here are the options I've come up with:

1. Show only my Italian passport (in my old name) to Canadian officials, enter Canada as an Italian citizen, and reenter the U.S. with my green card (in my new name).
2. Show my U.S. green card (in my new name), Italian passport (in my old name), and name change documentation to Canadian officials, enter Canada as a U.S. permanent resident, and reenter the U.S. with my green card (in my new name).
3. Apply for NEXUS (requires copies of green card in new name and Italian passport in old name), hope the mismatched names won't be a problem, and—if approved—use the NEXUS card on both sides of the border for all purposes.

Thank you!

[Sabinerose]

Given how strick it has become to cross the US / Canada border, I would not try to until your papers are in order. My advice would be to put off your trip to Canada until you have pursued one of the ways of having matching names on your passport / GC / license. Save yourself the potentially huge headache.

[basteagow]

Thank you for the advice. Would you mind elaborating on this strictness that you mentioned?

[Pahn]

Get Nexus. It may be a hassle, but you'll only have to do it once.

Border waits can be lengthy without it.

[oregonwoodsmoke]

I suggest that you go and simply carry all your documents. You have to have some sort of letter or document from the US Immigration Service that shows the name change. Plus any immigration official should be familiar with name changes at immigration.

As far as I know, a US citizen should not be required to have a visa to go into Canada (unless there has been some sort of drastic change in the law very recently). You should be able to cross the border each way with just your green card. A couple of minutes on-line at government websites should give you the answer to that question

[basteagow]

@oregonwoodsmoke: I don't need a visa, but the passport is still required for identification. From www.cic.gc.ca:

"As a (U.S. Green Card holder, you do not need a temporary resident visa to travel to Canada. At the Canadian border, you will need to present your valid passport and Green Card."

[basteagow]

By the way, I've already started the process of applying for NEXUS. The thing is, the on-line application doesn't allow you to upload scans of anything, so I won't be able to provide evidence of my name change or even an explanation, and I'm afraid I'll be denied before I even get a chance to interview with a human and show them the papers. Apparently the application can also be mailed in, but only to the Canadian processing center—the U.S. doesn't accept paper applications. Maybe I'll do that instead, though I hear it takes way longer than applying on-line.

Honestly, if my NEXUS application isn't approved or finalized by the time I'm in Washington, I think option #1 in my original post should be fine: entering Canada as an Italian citizen with just my Italian passport, and reentering the U.S. with just my green card. The Italian passport alone exempts me from the Canadian visa requirement, so I shouldn't have to mention to the Canadians that I even have a green card. Coming back into the U.S., I'd just show my green card and not my passport.

[Sonnenwende]

Originally Posted by basteagow

By the way, I've already started the process of applying for NEXUS. The thing is, the on-line application doesn't allow you to upload scans of anything, so I won't be able to provide evidence of my name change or even an explanation, and I'm afraid I'll be denied before I even get a chance to interview with a human and show them the papers. Apparently the application can also be mailed in, but only to the Canadian processing center—the U.S. doesn't accept paper applications. Maybe I'll do that instead, though I hear it takes way longer than applying on-line.

Honestly, if my NEXUS application isn't approved or finalized by the time I'm in Washington, I think option #1 in my original post should be fine: entering Canada as an Italian citizen with just my Italian passport, and reentering the U.S. with just my green card. The Italian passport alone exempts me from the Canadian visa requirement, so I shouldn't have to mention to the Canadians that I even have a green card. Coming back into the U.S., I'd just show my green card and not my passport.

That seems iffy. The CBP wants proof that you'll be able to re-enter the US if you say that is your intention. If all you have is a VWP stamp from more than six months ago or an expired I-551 stamp...hmm. You might get away with it, you might not.

I'd just take my marriage cert with me along with green card and passport. You can contact the Canadian consulate if you still feel unsure about it. Contact and Office Information - Consulate General of Canada in Seattle

[basteagow]

@Sonnenwende: I don't think you understood my post. I plan to reenter the U.S. with my green card, so there are no VWP or I-551 stamps involved. And if CBP did ask to see my foreign passport for whatever reason, they'd readily accept my name change papers. (See https://help.cbp.gov/app/answers/detail/a_id/1209.)

I'm only concerned about the Canadian side of things. When entering Canada, I'll have to show my Italian passport no matter what. Now, if I leave it at that, I should be admitted as an Italian citizen not needing a visa. But if I also mention (or they find out) that I'm a permanent resident of the U.S. and they ask to see my green card, the names won't match and they might not buy the name change.

So the question is, can I tell the Canadians that I'm an Italian citizen and show them my Italian passport only, and leave the green card out of the equation? I don't think it's any of their business what my U.S. status is if I don't bring it up.

[Sonnenwende]

Originally Posted by basteagow

@Sonnenwende: I don't think you understood my post. I plan to reenter the U.S. with my green card, so there are no VWP or I-551 stamps involved. And if CBP did ask to see my foreign passport for whatever reason, they'd readily accept my name change papers. (See https://help.cbp.gov/app/answers/detail/a_id/1209.)

I'm only concerned about the Canadian side of things. When entering Canada, I'll have to show my Italian passport no matter what. Now, if I leave it at that, I should be admitted as an Italian citizen not needing a visa. But if I also mention (or they find out) that I'm a permanent resident of the U.S. and they ask to see my green card, the names won't match and they might not buy the name change.

So the question is, can I tell the Canadians that I'm an Italian citizen and show them my Italian passport only, and leave the green card out of the equation? I don't think it's any of their business what my U.S. status is if I don't bring it up.

No, I understood that you don't want to show the CBP your green card and I think that is a bad idea because they need proof to them that you are eligible to reenter the US. If you have only expired stamps in your passport, it appears to them that you overstayed your stay in the US and you will not be allowed to re-enter. Therefore, they won't bother letting you into Canada if they know your intent is to re-enter the US. I know that seems strange, but that's how it works.

Also am speaking from experience. My family was detained for inspection at the Canadian border because the Canadian POE officer didn't understand that my husband could re-enter the US on a valid I-551 stamp (didn't get the green card in the mail yet). We would have been turned away had it not been valid.