Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

I am kicking myself taking your advice to refrain from

Customer Question
I am kicking myself for...
I am kicking myself for not taking your advice to refrain from signing the Declaration from Non-accompanying Parent/Guardian for Minors Immigrating to Canada. Originally my ex-wife and I mutually agreed to a modified custody and child support agreement because my 15 year-old daughter was going to move in with me. As of yesterday that had not changed.My lawyer has not contacted me since she took my money to draft the modification knowing that timing was essential, and I caved in by giving my ex-wife what she wanted because I didn't want to make things hard for her. The pressure was on because the deadline to submit the forms is Monday the 13th. My lawyer told me she would have the draft ready two weeks and three days ago. I called and sent e-mails several times to impress upon her the seriousness of the situation.After e-mailing a scanned copy of the signed and notarized forms, the very next day (today) my ex-wife had my daughter call me and say that she doesn't want to live with me anymore, or come down for her annual, court ordered summer visitation. The wording that my daughter used did not sound like her own and she sounded very stressed while I could hear my ex-wife talking in the background.Questions:I have not sent her the original signed forms. If I do not send her these forms, will the copies be admissible for immigration approval? Can I rescind my permission for my children's immigration?
Also, because my lawyer has not contacted me, or provided the services agreed upon, causing serious repercussions in my life, such as financial and emotional distress, what can I do?
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 12 minutes by:
6/11/2016
Immigration Lawyer: Guillermo J. Senmartin, Esq., Immigration Lawyer replied 1 year ago
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,709
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Your daughter is a U.S. Citizen, a Canadian citizen, or both? And you contracted your lawyer to provide what services exactly that have not been provided?

Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
My daughter is a US Citizen in Canada on a temporary visa with her mother. My ex-wife and I have 2 children together and they have lived there for 9 years. My ex-wife is submitting an Application to Sponsor a Member of the Spouse or Common-Law Partner in Canada Class for permanent residency (not citizenship) with her husband who is a Canadian citizen. She and I had decided in November 2015 that my daughter would live with me and my son live with her. My son was then going to possibly move in with me next year. We had also agreed that while I had one child and she had the other, neither would pay child support.The lawyer was to have a drafted modification for parental responsibilities to state that my daughter's permanent residency will be with me beginning 6/25/2016, and neither parent would pay child support. The modification was also to address a specific interpretation of the immigration form my ex-wife wanted me to sign that states by signing "I am confirming that I fully understand that I may be permanently separated from my above-named child.” The modification was to ensure that I could not be permanently be separated from my children.Even though it was agreed that my daughter was to live with me, my ex-wife still wanted me to sign this form in the event that my daughter had to move back to Canada should anything happen to me during the duration of the court ordered summer visitation with my son. She said that she would cancel the application for her daughter’s residency in September if nothing happened to me.I didn’t see why she needed me to continue with the immigration approval for my daughter when anything could happen to me after September, too. It seemed fishy, so that's why timing for the lawyer to draft the modification was imperative, and she was well aware of that.My ex-wife e-mailed me this on Wednesday June 8th, ”Attached are the documents that show the deadline we are under, as previously stated numerous times, failure to return the docs by the deadline, border crossing issues for all of us becomes a reality. I will not risk crossing the border because of the increased risk of not being able to return. I need the documents by Monday of next week to get them to CIC by the deadline.”This means she would not meet me with the kids, holding them in Canada as a threat.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,281
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hi this is Judith.

I see you did follow my suggestion and get an opinion from the Canadian lawyer regarding the consequences of not signing the Declaration.

Generally, in US immigration proceedings everything has to be originals and under this situation you are permanently giving away your rights to see your children.

Since you have a US court order for visitation with the children, I would go up to Canada and get them. I know it is a long distance for you but just do it. You have a court order.

I would immediately contact that attorney you chatted with by opening your old thread and tell him what you did and that you want to withdraw the facimile and that you are not willing to sign and give the Canadian authorities an original Declaration. You are not willing to permanently abandon your rights to seeing your children as you have a US court order for visitation and you want to exercise those rights. Ask him how to make sure you can send a letter to the CIC = canadian immigration agency to do this.

I am not surprised this happened. As both of us told you if the children are not included in this petition they will have to come back to the US and your wife will have to go through the process to get them permanent status after she gets hers alone.

Your children are US citizens, you are a US citizen, you have a US court order for their visitation, go and get them.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

I have sent you an offer for a telephone call if you want to chat.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

Also, if your wife leaves Canada while this process is going on she may well not be able to return.

She has not said she will not bring you the children or that you cannot have them. You go get them an let them live with you until she gets her act together with cooperating with you on the visitation and then she can take the necessary measures to get the children's resident status and then they can go back to Canada to live.

After you bring them here they are not prohibited from making a border crossing after their application is denied for lack of completed documentation. They can go back for a visit as a visitor, just like all Americans. They will just have to return here to live with you until she fixes it.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

And as I recall, you were not happy with the children going to Canada originally. Although being a single dad for awhile may be difficult, it will ensure that your children are not kept from you by the Canadian courts and that your US court order remains in tact.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago

Also, when going to get your children for their visitation I would not tell your wife you send a withdrawal of the faxed Declaration and informed the CiC you are not willing to execute the form at this time. You can send that to them. The daughter's file number and the address may even be on the form.

I would send that by express mail Monday to CIC.

As you were advised by the Canadian lawyer, once the daughter is a Canadian resident then the Canadian courts have the power over her. Right now US courts still have the power.

You want her on US soil ASAP where you have control over the game your wife is playing on you.

Judith

Ask Your Own Immigration Law Question
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,281
29,281 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

110,709 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I attended my Citizenship interview recently and I passed
I attended my Citizenship interview recently and I passed the civics and English test. They did not make a decision at that time because they were waiting for a file. I fixed an infopass appintment at… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Have a question regarding the Citizenship interview and
Have a question regarding the Citizenship interview and status of parents. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,838 satisfied customers
Can a American citizen apply citizenship for a brother in
Can a American citizen apply citizenship for a brother in law … read more
KLAW
KLAW
Juris Doctorate
1,774 satisfied customers
After an immigration bond denial can you request a
after an immigration rodriguez bond denial can you request a redetermination , and how soon and how often? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My husband citizenship application was denied in July of
My husband citizenship application was denied in July of 2016. The letter states it was denied for not having enough time in the US and giving false testimony under oath. Did not meet requirements for… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,281 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file to adjudicate my citizenship. My finger printing was completed on January 9th 2017. I saw in… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about citizenship interview and housing
Hi, I have a question about citizenship interview and housing status or marriage of petitioner can affect the citizenship grant My problem: I am the petitioner for my mother, she is now a resident. I … read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
I had my citizenship interview completed and they did not
I had my citizenship interview completed and they did not make a decision since they are waiting for a file. I got a parking ticket for parking on snow covered streets, how ever the ticket is saying n… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am in the middle of applying for citizenship with my
I am in the middle of applying for citizenship with my biometrics appt scheduled for this week. My green card status expires on the 18th of January. I am also in the middle of applying for a mortgage … read more
Expert James
Expert James
Doctoral Degree
11,721 satisfied customers
What are the requirements for acquisition of US citizenship
What are the requirements for acquisition of US citizenship at birth through a US citizen parent currently living abroad?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,709 satisfied customers
What is dual citizenship, what does it entail, what are the
what is dual citizenship, what does it entail, what are the eventual problems it can bring to me as a person coming into the USA, and especially in matters of taxation or other, and would my bank want… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,709 satisfied customers
I applied for citizenship went to interview and my case was
Hello I applied for citizenship went to interview and my case was sent up for supervisory review shortly after I was sent a letter requesting more information. They are requesting a record of convicti… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
If one was applying for the citizenship and got a divorce
If one was applying for the citizenship and got a divorce during the process and she is under the 5 years span, what will happens to her application?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about citizenship, immigration. It is
no, I have a general question about name changes and citizenship. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
110,709 satisfied customers
What is the cost of obtaining dual citizenship? U.S.
U.S. citizen, mother born in mexico, unknown father. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am applying for citizenship and was convicted of
I am applying for citizenship and was convicted of misdemeanor for applying for drivers licencse with a different name. I was in my teens and that was a mistake I made. I was convinced Of count 20 vc … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,281 satisfied customers
An applicant applied for citizenship. The applicant never
Hello!An applicant applied for citizenship. The applicant never received the biometrics notice until 4 months after it was scheduled. The application center conducted the applicants biometrics. A few … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I went to immigration for my citizenship papers and was told
Hi, i went to immigration for my citizenship papers and was told to go home because i did not have the PTI program? what can i expect from that? … read more
KLAW
KLAW
Juris Doctorate
1,774 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x