Steve_

Well, I-797 comes up for Canadians because you usually won't have a visa, but it sounds as though they did have a visa, so

And it matters not for dependents anyway, all you've got to do as a Canadian is show that you are a dependent, a marriage certificate should suffice, together with proof of who they are, i.e. their passports.

I'd say when they go back to the airport, get a comment card and fill it out!!

crg

That seems like a good plan except the part about the CIS office. That would not be in my first several options. If you have to go to Canada and back, just don't choose a tiny crossing and you should be fine.

I expect that the lawyer will be able to articulate it quite easily if he can get a live person on the phone and get it sorted. If by some fluke of the universe he does not, then I'd try the border, but not CIS.

This really is a simple proposition, but some people at airports just aren't familiar with processing Canadians.

The INA is full of obscure rules and caveats. There are strange things like E visa holders that can be admitted for D/S, Jamaicans who can enter without a visa and kids who can enter as tourists to become US citizens and even skip the green card. A repeat shoplifter is likely to need a waiver for life, but someone who gets drunk and kills someone with their car or gets caught with an illegal handgun most likely does not. It's tough to keep track of it all, but if it were easy then we wouldn't have a forum to discuss it I suppose.

Tolga

The lawyer asked for our flight number, approximate time of arrival, and place of departure. He emailed these details to the CBP supervisor and he is waiting to hear back. He was supposed to call to discuss... Oh well!

I entered to the US a few days ago and I would like to sort my situation out as quickly as possible as we are hoping to receive the result of our PERM application in a month or so. Is there any issues with being on B-2 for a little while until the lawyer and I come up with a plan of action? If I end up driving up to the border, I don't want to be questioned regarding my B-2 status. The stamp on my passport is valid until March 2014.

The lawyer had suggested the following PoEs in the past. Highgate Springs, VT or Peace Bridge, NY. Are these PoEs fairly busy and big? I presume they must be used to dealing with Canadians.

The CBP officer said I-539 is the "old" form for change of status. The "new" form is I-129. Not sure if that makes any sense.

Tolga

comment card... you mean like "tell us what you think about the service you received" card?

it seems the deferred inspection office is at the airport.

Tolga

crg: please see my border options above. Should I call these PoEs and explain my situation and intend before I drive up?

I am a bit upset that he emailed instead of calling the CBP officer. I will ask him to call if I don't hear back until the end of the week.

ian-mstm

No, it'll be a waste of time.


You hired the lawyer - he represents you. If he is not doing as you wish, then it's time to fire him and get someone who will follow your instructions. He took the path of least resistance... and that is not a judgment call if, in fact, you asked that he phone.

Ian

jeffreyhy

Having been told this, did you look at I-129 to see if it made sense?

Regards, JEff

Tolga

I didn't hire the lawyer. My wife's employer has a designated lawyer that they have been working with. He suggested a call initially and then said that he emailed. I asked him to call today.

Tolga

Yes, I looked at I-129 and it didn't make any sense to me either.

jxv73

You can use a different lawyer to represent you. There is no harm in going to the CBP deferred inspection station and pleading your case on your own.

crg

Highgate Springs is medium size, Peace Bridge is a major crossing and Derby Line, VT is small but all should know how to handle Canadians. None of them are likely to be especially busy this time of year, unless it is around the weekend.

You can track wait times here.

I'm still optimistic that you can get this resolved. If your lawyer can't get it done, you may want to resort to being a bit pushy and persistent. Anyone call the deferred inspection office? Tell them your attorney told you that you were admitted incorrectly and you need to find out what time to show up at their office to have it fixed.

Tolga

If I end up going to one of these PoEs, is it better to bring along my wife? I would like to go on a week day to avoid long wait times, but she is working.

The lawyer got back to me. Apparently, the supervisor is out of the office until Monday. He'll try contacting her then. Should I give a bit more time (until Monday) to the lawyer or call the deferred inspection office myself right away?

ian-mstm

One way or another, you're going to have to get the record amended... I suggest it's better to do it in person, rather than rely on communication from a lawyer who doesn't even consider you his client and, as a result, might not give you the whole story!

Ian

crg

The established process for fixing this type of error is to call and then go to a deferred inspection office. It can't hurt to call. You may not even need the supervisor at that office. That office gets the cases that are complex and prepare cases to send to immigration court. They are likely to know what needs to be done.

Tolga

You guys were right on the spot. The lawyer got back to me. He has heard from the Port Director and they believe that an error was made by the officer who admitted me in B-2 rather than H-4 status. They suggest that we go to the Custom & Border Protection Deferred Inspection office at the airport and ask for review of this “Service Error” and a correction to the class of my admission. The lawyer would like to accompany me just to make sure all points are covered. I will bring along the same documents I presented the first time.