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Criminal, border crossing, immigration

Rochester, NY |

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

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Attorney answers 3

Posted

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 www.myattorneyusa.com; email: info@myattorneyusa.com; 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.

Asker

Posted

Why do I need to wait for ten years. I usually cross the border only with my Canadian passport, because of the police involve so I need to have waiver? Thank you very much for your answer.

Asker

Posted

If I can not go to USA that soon. Can my husband fight for the child custody? if he wins he bring the child to USA then I can't see the child any more then.

Asker

Posted

If I do have problem cross the border, can my husband fight for the child custody and win? If my husband come to Canada to visit me and the child, will that still consider we are married. We were only married two months and separated for two and half months now. If he come to Canada with me and the child on regular base. Can he still claim for annulment or divorce with out my knowing in USA. How about if he has a new girlfriend in USA?

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You cannot use your visa waiver any longer since you are not inadmissible for overstaying over 365 days in the USA. That, by the way needs to be checked since first three months you were allowed to stay in the USA. If you overstayed less than a year, counting this way, but longer than 6 months, you are only inadmissible for three years. To get over such inadmissibility you will need a waiver.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

now instead of not - typo. you are inadmissibile

Asker

Posted

I have some friends stayed over more than a year or three years. When they came back to Canada for a while and crossing the border, the border offer ask them to bring documents to show they have strong ties to Canada, and they brought that then they still cross the border a few times now. I don't know if mine can like theirs, but I married a USA citizen now, don't know if I have some thing different, also I might have something with the police too. :(

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You know better. I cannot compete with friends. I only know the law.

Asker

Posted

Thank you for your help and answers. I think maybe sometimes some people might get lucky.

Posted

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.

Asker

Posted

If I still have problem with the police, like warrants or criminal record or stern lecture. Can I able to cross the border from Canada? Will the police give me trouble while I am crossing the border?

Posted

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
www.swagatusa.com/attorney

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

Asker

Posted

Do you think I should try to cross the border first? If I try , will they ban me from the US or they will just refuse me? Thank you.

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

Ban you. No you should not try to cross the border unlawfully.

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