Legal Question in Immigration Law in California

We are a family of 3. Husband (Canadian citizen), new born (Canadian citizen) and wife (Canadian & US citizen).

We currently live in Toronto, Canada (since 2003) and planing to move to San Diego, California. We both have Nexus cards and I also own an online business in US, paying taxes since 2007.

Is it better and faster for us to move to San Diego first and do the paper from from there or do it in Canada?

Thank you.


Asked on 9/01/15, 10:45 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you plan on petitioning your spouse for U.S. Legal Permanent Residence, then you will need to re-establish domicile in the United States. However, if your spouse enters the U.S. as a visitor, then it will be considered visa fraud.

I also recommend applying for U.S. citizenship for your child before you even re-enter the country.

I highly recommend that you consult with/hire a U.S. Immigration Attorney (in-person, if possible) before filing anything. There are far too many potential issues to address for this type of forum.

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Answered on 9/02/15, 5:50 pm


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