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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108705
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My daughter is living in Winnipeg, Canada. She is divorced

Customer Question

My daughter is living in Winnipeg, Canada. She is divorced from her Canadian husband for 4 years. She was dual citizenship, her husband was deported from the US for drug trafficking and is not allowed in US. He does not provided support on a regular basis, he has threatened her life, harasses her on a daily basis and their four children want nothing to do with him and they are afraid of him. She is living in the house which is now owned by her ex father in law and he is now threatening to make house payments far beyond what she can afford to pay. She has no support system in Canada as her father and I, her mother, live in Virginia. The children are ages twin boys 11 yr., daughter 14 and daughter almost 18. They all want to leave the country to escape the continual upheaval this man is causing. Want to know specifics on what can be done about living situation, child support payments and crossing the border.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: In front of the boys, father threatened to shoot mother in the face with a shotgun, boys were crying uncontrollably and he would not let them out of the car. We are scared to death that he might harm her and possibly the children. Police have been called many times, reports made,but nothing happens. We feel helpless
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

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.

Are you asking about Canadian divorce law and custody process or about how to get the children into the U.S. after she gets custody and permission to leave Canada?

Customer: replied 11 months ago.
Probably both
Customer: replied 11 months ago.
If she files for full custody, does she still need father's permission to leave country with children?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

She will either need the father's written, signed and notarized permission to take them out of Canada, a court order from a judge granting her permission if the father refuses to give it. Somehow, with the details that you have given, I don't think a court will have an issue granting the mother permission to leave Canada with the children. The courts will normally do what is in the best interests of the children. If the father is violent and a danger to the children, it should be a no-brainer. If it isn't that bad, the father may get permission to have the children during the summers and some holidays and such. If there is some urgency to this situation an emergency motion could be filed with the court.

As far as getting into the U.S., most of the time, Canadians do not have a problem entering the U.S. using just their passports, but technically, if they are going to stay, they should process an immigrant visa in Canada before coming to the U.S. The problem is that those take 6 to 9 months or more to process. So it may be worth the risk to bring them (with father's or a court's permission) into the U.S. with just their Canadian passports and have the mother then file for Adjustment of Status while they are in the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.

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