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


Asked on 11/10/08, 8:55 pm

5 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

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

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Answered on 11/11/08, 5:53 am
Amy Ghosh Law Offices of Amy Ghosh

Re: crossing the border

You should apply for adjustment of status now...and then visit canada with a re-entry permit.

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Answered on 11/12/08, 2:58 pm
Nikki Mehrpoo Jacobson The Jacobson Law Firm, APC

Re: crossing the border

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Attorney at Law

[email protected]

www.GreenCard4You.com

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Answered on 11/14/08, 2:54 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

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

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Answered on 11/10/08, 9:07 pm
Marc Seguinot Seguinot & Associates, P.C.

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.

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Answered on 11/10/08, 9:28 pm


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