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Herman Singh Dhade

Herman Dhade’s Answers

23 total

  • My I 485 is still pending but I really want to see my family in Canada what do I have to Do?

    1 485 is being sent back to me for additional evidence (although they have confirmed they got it and cashed my payment). I know I have to fill out a travel document but I don't know how to start. Also I really wish that I could see them this summe...

    Herman’s Answer

    I practice both Canadian and American immigration law and am licensed in both countries. As a result, I have many Canadian/US issues.

    Your question is a similar one from many of my clients. Ironically clients initially have an overwhelming desire for permanent residence in the United States. However the very first question I'm asked when individuals apply for their permanent residency is “how soon can I leave”. This is understandable, since individuals have family and friends in other countries that they would like to visit.

    You mentioned that you had filed form I-485. Although not clear from your question, it appears that you are applying for adjustment of status based on marriage to a United States citizen.

    I normally recommend to my clients to remain in the United States until the adjustment of status application is complete to avoid any complications.

    However for those that would like to leave the United States and application for advanced parole may be made. This is done on form I-131. However, entry into the United States using an advanced parole document could limit your rights in the event that your adjustment of status application is denied.

    Many individuals travel back and forth from Canada and the United States using the advanced parole document so it is not a dangerous step for most people by any means. However, I would strongly recommend that you consult an attorney before applying for advanced parole to ensure you are eligible and it is advisable. From your question, it is impossible to make a conclusive determination.

    Also, I recommend that an attorney take a look at your adjustment of status (I-485) application to ensure that there are no issues and to accompany you to the adjustment of status interview.

    This is a big step, and trying to complete it without an attorney could expose you to additional problems down the road. The very fact that you state it was sent back for additional evidence, means something could be wrong or missing.

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  • If a USC & Canadian citizen gets married in Canada, how can they be eligible for immigration to the US?

    My fiancee (Canada) and I (USC) have been in a 4 year long distance relationship (Toronto-Boston) and are both employed in our home countries. Our intention is to get married next fall in Toronto and file a petition through the US consulate. What ...

    Herman’s Answer

    I am a Canadian immigration lawyer and a US immigration attorney. I am also a licensed attorney in Massachusetts, New York and Michigan. With respect to your question, there are two usual ways that this is done, one is through what is called visa (consular) processing, which is what you are referring to in your question. The other is called "Adjustment of Status", which is a process of obtaining permanent residence (green card) while you are both within the United States. Both have unique requirements, as well as potential challenges when crossing the border. You should absolutely have legal help with this; since attempting it on your own, could result in unexpected issues.

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  • Hello, i have a 2years B-1 or B-2 US VISA and i like to also visit canada or mexico, any possibilty??? answer re welcome. thanks

    accountant

    Herman’s Answer

    I am a Canadian attorney and also an American attorney. It is possible to apply for a Canadian visitor visa while you are within the Untied States. There are requirements to do this. I would need more information concerning your visitor intent for Canada to provide a more accurate response.

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  • About crossing border for Canada to the u.s too get married too american

    well my question is when your going the border too cross what do you tell them so dont make you look like doing anything bad

    Herman’s Answer

    I am both a Canadian Attorney and an American attorney. I practice in both countries. To answer your question better, I need more information. Are you a Canadian citizen? Would you like to reside in the United States or just go there to get married? I look forward to hearing from you.

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  • Any Canadians Lawyers

    Just checking to see if there is any Canadians lawyers in here? I need assistant from an immigration lawyer in Canada

    Herman’s Answer

    I am a Canadian immigration lawyer and a US immigration lawyer.

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  • How to go to Canada,work and live there?

    My name is Jon.I come from a small city in Albania and i have finished the university, branch "economy-finance".I have studied french for 11 years and i can also speak english good . I would like to go work and live in Canada. I need some advice...

    Herman’s Answer

    • Selected as best answer

    I am both a Canadian and US immigration lawyer practicing in West Bloomfield MI. Canada has many immigration programs. There is an exciting one starting in May that might be perfect for you. I would need more information to determine the best Canadian visa for you.

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  • How do I get U.S. citizenship for Indian citizen who has been living in Canada for past 7 years?

    I am a U.S citizen wanting to marry an indian citizen who has been living in Canada for past 7 years. He was married to a Canadian citizen but never became a citizen himself. We would both like to live and work in the U.S. after marriage but how ...

    Herman’s Answer

    We are a Canada and US immigration law firm so we have many similar inquires, especially considering that we are located right next to the border near Detroit, Michigan. On the Canadian side, please note that if he resides in the United States he may lose his Canadian permanent residence status. It may be advisable to apply for Canadian citizenship if he wishes to maintain ties to Canada. On the US side, you have several options available. Option one is called adjustment of status. This is the process of obtaining permanent residence from within the United States. Option two is consular processing. If you need any further information, please let me know.

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  • I am currently engaged as a canadian to an american. I am looking to open a incorporated business in the USA. Can this be done ?

    I am currently working in the USA under a TN . I am currently engaged and we are planning for a wedding soon. I believe I must apply to marry her and there is a substancial waiting period from application. I have the opportunity to be a sole distr...

    Herman’s Answer

    I practice both US and Canadian immigration law and am licensed in both jurisdictions to practice Canada and US immigration law. Being located in Michigan (Detroit area) we have many similar questions. The substantial waiting period for a marriage based visa is not necessarily correct. If you apply for permanent residence from within the United States (also known as adjustment of status) then the waiting period is less. However, since you are on TN you need to seek legal assistance before even contemplating any change of status. There are too many issues to discuss in a public forum. The starting point would be to schedule a consultation with an attorney.

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  • Is there a way i can apply for asylum in canada while waiting in united states , because i am illegal in united states

    and i am afraid canadians return me back .

    Herman’s Answer

    I am an attorney in Michigan. I am also licensed to practice law in Canada. Claiming asylum in Canada is a complex area of law. Governed in some cases by the US-Canada safe third country agreement. This agreement allows some individual to have their asylum case heard in Canada if they for example, have a close relative living in Canada. There are other mechanisms to claim asylum in Canada as well. However, there have been times that Canada has turned individuals back to the United States, where they have been arrested and deported by US immigration officials.

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  • F1 Student Visa, marrying US Citizen....can I travel to Canada for family visits?

    I am Candadian and a student living in Michigan with F1 Visa. I just got engaged to a US Citizen. Can we get married now? Or how what do I do (what is the best process) so I can still visit my family in Canada while processing the appropriate p...

    Herman’s Answer

    I am both a Canadian immigration lawyer as well as a US immigration lawyer (I am licensed in both countries). We are an Immigration law firm located in Michigan. You can get married, but should plan carefully whether you would like to do embassy processing or adjustment of status for your US immigration papers. With Adjustment of Status you can apply for advance parole to permit travel while your permanent residence papers are being processed inside the United States. If you choose the adjustment of status process, your interview would be at the Immigration office in Detroit. On the Canadian side of things, you may be eligible to apply for permanent residence for your spouse for Canada so that your spouse can travel to Canada with you freely. Unlike the Untied States, your spouse would not need to reside in Canada to maintain Canadian permanent residence. We practice in this area of Canadian- US immigration matters in Michigan and have assisted many individuals in this situation.

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