Legal Question in Immigration Law in California
crossing the border
If I'm a Canadian married to an American since 2007 but have yet to file paperwork for permanent residency, will this pose a serious threat to be not let back in to the United States if I go to Canada for a 1 week visit? I have not returned since I got married
5 Answers from Attorneys
Re: crossing the border
You'll likely be subject to the unlawful presence bar and not be let back in.
I would recommend filing for your adjustment of status (green card) at your earliest convenience.
Comprehensive information can be found here:
http://www.msclaw.com/Green_Card_for_Spouse.html
Re: crossing the border
You should apply for adjustment of status now...and then visit canada with a re-entry permit.
Re: crossing the border
Free Consultation For LawGuru Users
Please Contact Jacobson & Han LLP
To Schedule An Appointment
For An Immigration Consultation
Jacobson & Han LLP has successfully represented individuals and corporate clients in all 50 states and in dozens of countries around the world with ALL their Immigration Law needs. We will hold your hand every step of the way. If you have an immigration problem and need legal advice, or if you have any immigration related questions, you can schedule an appointment for a personal in-office or telephone consultation. To schedule an appointment for an in-depth, personal and confidential consultation with one of our attorneys, please e-mail [email protected] to schedule a mutually convenient time for a telephonic or in-person consultation.
Thank you and we look forward to speaking with you.
Sincerely,
Nikki Mehrpoo Jacobson
Attorney at Law
www.GreenCard4You.com
Re: crossing the border
It could be a problem and I would not leave until such time as you have advance parole for travel which you'd apply for with your application to adjust status.
You risk one of two things: 1. being separated from your husband for more than a year if the truth were known about your whereabouts since marriage or 2. risk being accused of lying upon entry to the U.S. when you later apply for the green card. This is a problem that would come back to bite you several months after filing.
Plus, it's much faster and cheaper to apply for the green card with you here in the U.S. in terms of attorney fees and cost of travel for immigrant status (if you processed abroad).
Some people don't need legal advice, but I'm afraid you do to process your case. Feel free to contact me offline at [email protected] and check me out at http://www.yardum-hunter.com.
Sincerely,
Alice Yardum-Hunter
Attorney at Law
Re: crossing the border
Provided you entered the U.S. lawfully, now that you are married to a U.S. citizen, file all your documents simultaneously: the I-130, the I-485, the I-765 pronto!! You can also file for a travel document that will allow you to enter once your application is filed.
Related Questions & Answers
-
Immigration law I have two minor kids and their temporary residence alien card... Asked 11/09/08, 5:52 pm in United States California Immigration Law