Legal Question in Immigration Law in Maryland

Canadian citizen living in MD.

Here is the situation…

A friend of mine was born in Canada and relocated to the US when she was about 13. She is now 27 and has a 18 month old daughter.

She can not legally work here in the US since she does not have a social security number, nor a green card. She wishes to continue raising her child here and gain employment, but here current immigration status (Canadian Citizen) is becoming extremely difficult to continue here in the US.

She was advised that the only option to becoming a permanent resident is to get married to a legal resident. Could you please let me know if there are any other options for here, especially considering she has an American child here? Really appreciate your input.

Thanks.


Asked on 9/14/07, 4:32 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: Canadian citizen living in MD.

Just to clarify, it's marriage to a US citizen that could cure her situation, not just marriage to a permanent resident.

As a Canadian, she is eligible for a non-immigrant TN visa that would allow employment in the US. Because she is out of status right now, she cannot change status to a TN. She would have to leave the US to apply. Unfortunately, with over 1 year of unlawful presence in the US, she would be subject to the 10-year bar on reentry. It is possible to seek a waiver based on "extreme hardship to a US citizen" (i.e., the US citizen daughter would suffer extreme hardship if her mother were not allowed to return), but I don't know of the top of my head whether that would apply to a TN applicant.

To get an immigrant visa (to remain here permanently), someone (or some company) could petition for your friend. Unfortunately, her daughter is too young to do this. She'd also likely have to leave the US, again triggering the 10 year bar.

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Answered on 9/14/07, 4:55 pm


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