QUESTION: My sister-in-law and brother-in-law are both Canadian. They moved
to New York City in 1999 when my brother-in-law got a job there. They have
since had two children. They've recently seperated and she wants to know
her rights if she wanted to move back to Canada. I'm unsure where to find
information about this. Can you help?
---------------------------------------------------------------------------
david ingram replies:
I want to clearly tell you that she needs to talk directly and immediately
with a family lawyer in New York State.
A lot depends upon the status of her children. Has she registered them as
Canadian citizens? If not she should go to
http://www.cic.gc.ca/english/citizen/bornout-info.html to get her children
registered as Canadian citizens when born outside of Canada to a Canadian
Parent. That can take a year.
Next, it depends upon her husband and his visa and any custody issues. If
she has a restraining order or an agreement that she can NOT remove the
children from the jurisdiction of the court, she can not take them out of
the state of New York to New Jersey, let alone Canada without fear of a
kidnapping charge.
If she is there as an H4 visa holder with his H1 on an L2 with an L1 visa
holder or a TD with a TN visa holder, she has virtually NO rights. When she
separated, she lost the right to stay in the United States and should have
returned (alone - without her children) to Canada. If she has already
obtained a green (resident alien) card, then she is free to stay in the US
but if she leaves the US, she risks losing the right to return to the US.
Do NOT depend on "any" web site for your answer. she needs a "GOOD" New
York State divorce lawyer to help her and likely an even Better US
immigration lawyer to help if she does not have a green card.
An excellent Immigration lawyer to start with is Joe Grasmick. He will give
a half hour consultation for $285.00 which is paid in advance through
Amazon.com at
http://s1.amazon.com/exec/varzea/ts/exchange-glance/Y01Y4838730Y0462867/002-
6150531-7722467
I assure you that it will be worth the money if she is there as an H4, TD,
or L2 visa holder.
If she decides not to call Joe Grasmick and get a local lawyer, make sure
she deals with someone who knows and understands Canada and its unique
relationship with the US, They must REALLY understand Canadians. Dealing
with someone who is a specialist on Cuba or Haiti or Great Britain is not a
solution. They MUST specialize in Canadians as you can see at
www.grasmick.com. Also, it is a good idea to get someone who is a member of
the AILA (American Immigration Lawyer's Association). Membership in this
organization means that the lawyer you are dealing with has a great number
of fellow members to trade off. For instance, when I have a tough US /
Canada Income tax question, I call my old Ottawa partner Gary Gauvin who is
now practicing in a Dallas, Texas suburb. We have to have someone good to
trade our ideas with.
Last but not least, for an explanation of the problems that families have
when going to work in the US your sister should read "Susan's Story" in my
November 1998 newsletter. She can find it at
http://www.centa.com/CEN-TAPEDE/november_1998.htm
I hope this helps,
But if there is any animosity or antagonism in the divorce / separation, she
has to have really good help because she has virtually NO rights as
explained in Susan's Story. Even if there is NO animosity, she still needs
really good professional help to make sure that she does not run afoul of US
immigration law.
As an example. When one of my clients was killed in the World Trade Centre,
his wife and kids had to leave New Jersey right away because without him and
his visa, "they" had no status. It was a horrible position to be in.
--------------
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
Home office at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week (please do not fax or phone
outside of those hours as this is a home office)
email to taxman at centa.com <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/> www.david-ingram.com
<http://www.david-ingram.com/>
Disclaimer: This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing in
this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and any
and all non-contractual duties are expressly denied. All readers should
obtain formal advice from a competent and appropriately qualified legal
practitioner or tax specialist for expert help, assistance, preparation, or
consultation in connection with personal or business affairs such as at
www.centa.com <http://www.centa.com> . If you forward this message, this
disclaimer must be included."
Be ALERT, the world needs more "lerts"
This from "ask an income tax and immigration expert" from www.centa.com
<http://www.centa.com/> or www.jurock.com <http://www.jurock.com/> or
www.featureweb.com <http://www.featureweb.com/> . David Ingram deals on a
daily basis with expatriate tax returns with:
multi jurisdictional cross and trans border expatriate problems for the
United States, Canada, Mexico, Great Britain, United Kingdom, Kuwait, Dubai,
Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France,
Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia,
Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran,
India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba,
Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK,
GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas,
San Antonio Houston
Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration
Tips, Income Tax Immigration Wizard Antarctica Rwanda Guru Consultant
Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax
specialist expert preparer expatriate anti money laundering money seasoning
FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions
Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US
Alaska, Alabama, Arkansas, Arizona,
California, Colorado, Connecticut,
Delaware, District of Columbia, Florida,
Garland, Georgia, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland,
Massachusetts, Michigan, Minnesota,
Mississippi, Missouri, Montana, Nebraska,
Nevada, New Hampshire, New Jersey,
New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon.
Pennsylvania, Rhode Island, Rockwall,
South Carolina, South Dakota, Tennessee,
Texas, Utah, Vermont, Virginia,
West Virginia, Wisconsin, Wyoming,
British Columbia, Alberta, Saskatchewan,
Manitoba, Ontario, Quebec City,
New Brunswick, Prince Edward Island,
Nova Scotia, Newfoundland, Yukon and
Northwest and Nunavit Territories,
Mount Vernon, Eumenclaw, Coos Bay
and Dallas Houston Rockwall Garland
Texas Taxman and Tax Guru and wizzard
wizard - consultant - expert - advisor -advisors consultants - gurus - Paris
Prague Moscow Berlin
Lima Rio de Janeiro, Santaigo Zimbabwe
New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia,
Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers,
Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay,
Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton,
Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego,
Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa,
Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham,
Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence,
Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince
Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon,
Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers, Berlin,
Hamburg
Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing,
Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds,
Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson,
Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh,
Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo,
Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto,
Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish,
Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton,
Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia,
Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St
James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears,
Truro, Charlottetown, Summerside, Niagara Falls, Albany Zimbabwe
David Ingram specializes in giving expert income tax and immigration help to
American and Canadian citizens living out of their home countries from
Zimbabwe to Saudi Arabia to Mexico to China or Chile - Cross border,
Non-resident - dual citizen - out of country investments are all handled
with competence and authority.
What's Related