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Criminal, border crossing, immigration

Rochester, NY |
Filed under: Immigration

I am a Canadian citizen married a USA citizen over stayed in USA for over a year. We got married after that but we had a big fight after married two months. I was upset he cheated on me. I broken his home office stuff (co-operated business) and left to stay with my friend’s house. He called police on me. After stayed with my friend for a month I came back to Canada. I am in Canada for over a month now. It’s very bad and difficult for what we did to get back together again. But he and I do want get back. I am pregnant with his child for five months. I felt we do still love each other. My husband said he dropped the case and now the police only want give me a stern lecture. Can I still able to enter USA no problem? How do I find out if I have criminal record or warrants? Can I immigrate to US

Attorney Answers 3

  1. No. You will need a waiver which will be very hard to get given you are from Canada. It seems you will have to try and rebuilt your family on Canadian soil for the next ten years.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  2. Don't be so sure the police dropped the case. I suggest you hire a criminal defense lawyer to check where things stand with the police.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. Feel free to check out my web site and contact me. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. You really need an in-depth consultation with an attorney. Your husband may be able to help you by filing a hardship waiver (I-601).

    Dhenu Savla, Esq.
    SwagatUSA, LLC

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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