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Filed: Other Country: Canada
Timeline
Posted
1 minute ago, Suss&Camm said:

I thought the mom had the permanent residency already when she left - not that it was issued at a Canadian consulate?

Da** Just thought about that, thanks for pointing it out. She had it before. Asking my girlfriend to make sure she didn't she wasn't on "holiday" with the first two kids being born here. I know the Dad had his, due to him having to work out here(That's the initial reason they were out here). But if the Mom perhaps left and got it out there and then came back in without the "holiday" for herself, then maybe it would work then. I'm pretty positive she had it before then though unfortunately. The second I thought we got some where lol. Thank you for pointing that out though, saved me the trouble.

Posted
15 minutes ago, Tanner C said:

I just read over the site you linked me to Coco8. My girlfriend and her little sister both apply to the first situation. Their permanent residences were valid before and after birth of the children and they came back into the states with it being valid. So how do we go about that though? I mean, 19 years.. The children should've had it upon arrival though?

I would try to find one of those NGOs that specialize in immigration issues, maybe even those that are for Dreamers. They should have free legal aid. Maybe there is a way to go around this in which they get green cards.

 

If the other sister is below 21, the mother should start the sister's paperwork. Otherwise, that one will be in the same situation. 

 

Posted
1 minute ago, Tanner C said:

Da** Just thought about that, thanks for pointing it out. She had it before. Asking my girlfriend to make sure she didn't she wasn't on "holiday" with the first two kids being born here. I know the Dad had his, due to him having to work out here(That's the initial reason they were out here). But if the Mom perhaps left and got it out there and then came back in without the "holiday" for herself, then maybe it would work then. I'm pretty positive she had it before then though unfortunately. The second I thought we got some where lol. Thank you for pointing that out though, saved me the trouble.

Sorry :(

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Filed: Other Country: Canada
Timeline
Posted
2 minutes ago, Coco8 said:

I would try to find one of those NGOs that specialize in immigration issues, maybe even those that are for Dreamers. They should have free legal aid. Maybe there is a way to go around this in which they get green cards.

 

If the other sister is below 21, the mother should start the sister's paperwork. Otherwise, that one will be in the same situation. 

 

Very true, I will be getting my words across on that one. I'm sure the sister may only be able to do under the table jobs though.. She basically is slightly "slow".. She is actually about 70 percent there, just not fully. She is 19 but in some ways acts as a 13 year old.. She also has autism that is mild, more of a jump and giggle thing she does randomly. Hard to explain but she should still have it as things going on now, may not be suitable for her to stay illegal in the future.

I've tried calling Immigration Lawyers, etc for a free consult over the phone... Typically for her case everyone wants to charge. I've decided to try the knowledge of the web as to get a closer to definitive answer before paying a bunch of extra money for them to tell me what I know. I may just do it anyways to be honest, they'd be all over the books. Plus in her case, I'm sure she has some type of leniency somewhere. Not her fault.

Filed: Other Country: Canada
Timeline
Posted (edited)
6 minutes ago, Lemonslice said:

Ask your girlfriend to get a copy of her mom's card, the "resident since" date will help you make sense of it. Story has too many holes to get useful advice otherwise.

Will have her send me a picture and I will post the residence since dates, arrivals, etc.. Just waiting for a call back from my girlfriend. Get a good time frame on everything to be more accurate. 

Edited by Tanner C
Filed: K-1 Visa Country: Wales
Timeline
Posted

Sounds like the Mother actually abandoned her US Residency but because when she came back they did not notice she avoided the issue, might come up if she sought to Naturalise.

 

Anyway she is here as a PR, her 2 younger daughters are visiting. Illegal presence does not start accruing until you are 18, the pass you mentioned, but she has gone well past that and if she leaves she will have a 10 year ban. Waiverable.

 

You have to be in status to adjust status with a few exceptions, the only one that would apply here would be Marriage.

 

Or she goes back to Canada, her Mother can petition her and the wait would be similar to the ban.

 

Or she stays here illegally.

 

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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