Legal Question in Immigration Law in Michigan

marriage to US green card holder

I married a green card holder a month ago. Currently I live in a border community and visit my husband regularly.

My husband wants to file a i130 on my behalf to get my green card. I currently run my own business in Canada, thus I need to be in my country regularly. I also discovered that we are expecting our first child. I want to continue seeing my husband, but I am concern about the i130 process. Will I be denied entry into the US once the the i130 has been filed? Also if I can go into the states - not permanently but on a visitation basis - can I give birth there? I now have all my benefits (ie health) through my husband, so it would be advantageous to give birth in the US.

I've heard the immigration process can take years, and I'm concerned that I will be barred entry to the US after the i130 is filed. Currently I am crossing the border without any difficulties. I have no intentions of living there permanently until I receive my green card since my job requires regular trips to Canada.

Thanks


Asked on 11/27/06, 11:57 am

2 Answers from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

Re: marriage to US green card holder

What is important in these types of cases is intent so as long as you establish your intent is not to remain in the U.S. upon crossing the border, the I-130 should not prevent that. That being said, it is not just cross the border and tell them I am going back. This is an issue that should be resolved before filing the I-130 and crossing over. We would be happy to consult with you on this issue.

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Answered on 11/27/06, 3:00 pm
David Nachman Nachman & Associates, P.C.

Re: marriage to US green card holder

We are certainly in a position to assist you as we handle cross-border issues. Please feel free to contact Veronique Malka-Nasser (our resident Canada Lawyer) at our offices at (x106) and she will be able to assist you. She is traveling to Canada today but should be able to speak to you tomorrow.

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Answered on 11/27/06, 8:58 pm


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