What to do when your Lawyer doesn't do his job?

[emily_the_spoiled]

As long as you currently have a valid visa you should be able to travel between Canada and the US without any problem. The problem will arise once you file for a greencard. When that paper work is "in process" you can not leave the country without a special authorization from the ICE. I ahve been told that getting a greencard for a Canadian takes about a year (if all the paper work is correct the first time).

Good luck with this!

[sparks19]

As long as you currently have a valid visa you should be able to travel between Canada and the US without any problem. The problem will arise once you file for a greencard. When that paper work is "in process" you can not leave the country without a special authorization from the ICE. I ahve been told that getting a greencard for a Canadian takes about a year (if all the paper work is correct the first time).

Good luck with this!

I don't have a valid VISA anymore... the last time I crossed the border (I told them I didn't want to renew it since I was going to start the greencard process) they told me that because I am married to a US citizen and had a VISA ... once that Visa runs out I can stay here in the US while we are getting my papers ready... but I cannot leave to go to Canada and come back in... but the Paralegal said something about an advance parole or something like that... can't remember if that was the name or not. That will allow me to come back across as long as I am back before we start the greencard process. that was why they were going to file a K3 for me in the first place... so that while I was waiting to be able to file for the greencard I could come and go without worrying and I wouldn't have to apply for a work Visa again (apparently having a work visa can sometimes complicate the paper work the way we filed... because we filed for me to come here as a spouse... I don't know why it matters but I guess it does lol so they were going to do the K3 which is a Visa for spouses... you just can't work) but there is no point now since we will be filing for the greencard soon

[emily_the_spoiled]

Sorry you are having these problems. I am on an H1B, so I am not sure what your options are for going home. When you do apply for the greencard you should pay the extra money for the "premium processing". Once you apply for a greencard you can get authorization to go home, but it is a one-time only authorization. Do you NEED to go home soon or can your family come down in the mean time?

[sparks19]

Sorry you are having these problems. I am on an H1B, so I am not sure what your options are for going home. When you do apply for the greencard you should pay the extra money for the "premium processing". Once you apply for a greencard you can get authorization to go home, but it is a one-time only authorization. Do you NEED to go home soon or can your family come down in the mean time?

Well I don't NEED to go home... but everyone wants to meet their newest granddaughter/neice.

My parents could come visit but it's not feasible for all my siblings to come too. It would just be nice if I could go home so they could see her. But I won't risk being denied reentry

Hmmm I didn't know there was a premium processing... how much do you know about that? How much extra is it and does it cut time off the processing? How does it work?

[emily_the_spoiled]

I would suggest that when you file your greencard application you ask for an entry/exit authorization at the time. Then you can go home before you actually get your greencard.

If I remember correctly, premium processing adds an addition $1000 (or maybe $1500) to the process. This can speed up the process quite dramatically (it reduced my H1B wait to only about 5 months ... usually it is almost 12). Since my employer is paying for my visa process it is in their best interest to pay the additional money (it helps reduce the lawyer's fees). You might want to consider it, but you need to file that at the same time as the application so you will need to talk with your lawyer.

[sparks19]

I would suggest that when you file your greencard application you ask for an entry/exit authorization at the time. Then you can go home before you actually get your greencard.

If I remember correctly, premium processing adds an addition $1000 (or maybe $1500) to the process. This can speed up the process quite dramatically (it reduced my H1B wait to only about 5 months ... usually it is almost 12). Since my employer is paying for my visa process it is in their best interest to pay the additional money (it helps reduce the lawyer's fees). You might want to consider it, but you need to file that at the same time as the application so you will need to talk with your lawyer.

I will definitely do that... thanks for the tip

[emily_the_spoiled]

I would also recommend that you start gathering your paper work for the appllication. It has taken me months to get everything in order and then I found out I needed to have a copy of my birth certificate with my parents names on it. So I had to order it from Canada and that is the only thing I am waiting for now.