help!

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Tue Aug 12, 2008 11:06 am

 

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Sorry I meant "simpler", not quicker.

One of the reasons I know what I know about US immigration law is because I had a friend when I lived in the US who was an INS lawyer for the US Dept. of Justice, and I can tell you right now from the things he used to tell me that going to court is the absolute worst-case scenario. Try everything else before you have to do that.

Most likely to get to court you will have to first declare you're there illegally, refuse voluntary deportation and maybe sit in a detention centre (if you're really unlucky, you'd probably get bail) until the court date. And then you've got to win in court obviously.

Far better off sitting in Canada for a year or two waiting for the visa to be approved and getting a waiver than doing that.

But yeah, talk to a lawyer. An actual lawyer, not a consultant. And probably a good idea to talk to an accountant as well to sort out the back taxes, as that will help with getting a waiver.
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Steve.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Tue Aug 12, 2008 12:54 pm

 

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Oh yeah, another point - once the child reaches 21 they are not eligible as a dependent anymore. So if it takes a couple of years to get it all sorted out then that doesn't leave much time.
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Steve.

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