Canadian child to school in Texas during six month visit

Moderator: Reba

Re: Canadian child to school in Texas during six month visit

Postby SarniaGrl » Wed Aug 19, 2009 9:52 am

Very true.

While I say lawyers aren't worth it, I also say do your homework. The more knowledgable you are with the process, the more comfortable you'll be in dealing with CBP and USCIS. You cannot count on a lawyer to look out for your best interests, while there are probably good ones out there, others will promise the stars and deliver a poorly prepared petiton or 1-129. Ask (or insist) to review all paperwork prior to submission to USCIS or printing for the POE. Have the lawyer correct any mistakes.

In the end, it's you the beneficiary who'll pay for their errors.
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Re: Canadian child to school in Texas during six month visit

Postby Reba » Wed Aug 19, 2009 1:51 pm

I've never had any luck at all with lawyers for immigration purpsoses. 2 separate US lawyers only served to mess up our paperwork so thouroughly as to delay our processing by over a year. I ended up doing it myself quite easily (much to my husband's chagrin!).

All a lawyer is going to do is take your money. YOU will have to fill out the paperwork and gather up all the accompanying documents to go with it. All the lawyer is going to do is mail it and forget about it. And probably mail it to the wrong processing centre to boot :p

Save your money for a honeymoon or something. Do it yourself.
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Re: Canadian child to school in Texas during six month visit

Postby Steven » Sun Aug 23, 2009 4:42 pm

. I am confused as to why a Canadian can VISIT the US without a visa, (provided that they stay less than six months) but I am unable to VISIT my fiance (for less than six months) while having our child enrolled in school??


You can, not sure who told you that. US immigration law doesn't recognize common law relationships, so you'd have to enter as a B-2 visitor as a co-habiting partner: http://travel.state.gov/visa/laws/teleg ... _1414.html

Your child qualifies as an L-2 dependent of your spouse, so with that status he can register and attend school in the US.

What you can't do is work, you'd need to get married to do that. L-2 spouses can get work authorization by filing I-765. Be aware of the fact that it's rare for US immigration law to allow that, L-2 can do it, but for example H-4 or TD cannot, so if your spouse changes status you may not be able to work anymore. Also be aware of the fact that once your child grows up he has no status in the US, which is a common problem. For example if he wants to go to college in the US he would have to be F-1 when he hits 21, which means he doesn't qualify for in-state tuition rates.
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Re: Canadian child to school in Texas during six month visit

Postby junglefever » Wed Aug 26, 2009 11:26 pm

Big "thanks" to all that replied. I am going to compile all information/suggestions given and do the work myself - as it sounds that lawyers are not much help (good to know...) with the process. I have a few months to prepare and organize - all of this information will surely come in handy, not to mention the fact that we will be saving some money without the lawyer!

Thanks again :)
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