AP Question

[Sweetcheeksss 91]

Hey everyone! Went to my interview in MTL on Aug 4th. Everything went reasonably well but we did not get approved, instead the interviewer asked for two things...

1) To get my custody document updated to say the words "Sole custody" - currently mine says that I have custody and that my ex has access at reasonable times. I've had custody of my son since he was born, my ex and I divorced when my son was 3 wks old. He has never had ANYTHING to do with my son, no visits, no cards, no gifts, no phone calls and no child support. To be honest, I was a teensy bit surprised since I have traveled many times to other countries, USA, Germany, Italy with no problems at all. But I think it won't be very difficult to go to a family judge and get the wording amended.

2) 10 years ago I was a green card holder. Long story short, I came back to Canada (my mom had had a stroke) and ended up staying. A few years later, I was travelling into the US, was asked at the border about my greencard, I didn't have it with me at the time so I had to go to an immigration hearing at the border. The gov't attorney asked my attorney if I would willingly surrender my card, which I did at the hearing and that was that. The interviewer in MTL wanted to see a copy of my I-551 AND a copy of I-407. I have neither.

I wasn't ever asked nor did I sign a I-407 at the hearing. I would think that in an immigration court that one of the legal eagles in there (state attorney, my attorney, the judge?) would have asked me to sign it if it was required??

Has anyone ever come across this situation before? Any suggestions on what I should do?

Thanks!

[belinda63 3,038]

Can't answer 2. but as to 1. immigration is going to want to know it is ok to have your child immigrate to another country, this is quite different from visiting as it is a permanent change. Since the child's father has visitation rights, whether he exercises them or not, means you do not have the right to move the child to another country without his or the court's permission. Not such a big deal from Canada to the US but what if it was from say Egypt to the US? You would effectively be denying him rights to his child.