Denied entry to the US

[Londonergirl 133]

13 minutes ago, geowrian said:

Unless I misread the OP, the lawyer did advise that she needed to wait if she wanted to avoid ROC. The fact is she did not need to do so to avoid ROC.

Yes, the lawyer advised her to wait 2 years to avoid ROC. But what was stopping her from applying anyway? I can not see anywhere that the lawyer had said that she CANT apply now. 

[geowrian 22,336]

1 minute ago, Londonergirl said:

Yes, the lawyer advised her to wait 2 years to avoid ROC. But what was stopping her from applying anyway? I can not see anywhere that the lawyer had said that she CANT apply now. 

Right, she could have waited or not. That doesn’t change the factual claim made that she needed to wait to avoid ROC, though.

 

To be clear, I’m not suggesting trying to sue here. But maybe a complaint to their bar association is warranted for providing blatantly incorrect legal advice on such a basic matter.

[Londonergirl 133]

9 minutes ago, geowrian said:

Right, she could have waited or not. That doesn’t change the factual claim made that she needed to wait to avoid ROC, though.

 

To be clear, I’m not suggesting trying to sue here. But maybe a complaint to their bar association is warranted for providing blatantly incorrect legal advice on such a basic matter.

 

But how do we know that the lawyer hasnt given that option? All OP wrote was that the lawyer advised her to wait, we dont know if any other advises were given. 

[Boiler 43,770]

6 minutes ago, geowrian said:

Right, she could have waited or not. That doesn’t change the factual claim made that she needed to wait to avoid ROC, though.

 

To be clear, I’m not suggesting trying to sue here. But maybe a complaint to their bar association is warranted for providing blatantly incorrect legal advice on such a basic matter.

Nobody here knows what actually was said.

[Italian_in_NYC 259]

1 hour ago, Londonergirl said:

Yes, the lawyer advised her to wait 2 years to avoid ROC. But what was stopping her from applying anyway? I can not see anywhere that the lawyer had said that she CANT apply now. 

The lawyer is not a prison guard, cannot force anyone to do anything.

However, the lawyer gives professional advise, and is paid for it.

The client reasonably relies on the professional advise (otherwise what would be the point of paying someone?).

I'm an accountant, I advise my clients on certain tax positions to be taken. The client signs the return (I sign as preparer) and is personally responsible and liable for it, but if I give bad advice, the client can sue me for damages.

Edited February 1, 2018 by Italian_in_NYC

[Illiria 980]

6 hours ago, acidrain said:

Yes my son is the bio child of a USC. However, my spouse has not lived the 2 years as an adult to meet the requirements to claim my son's citizenship. So we had to do IR2 which will turn into citizenship upon POE.

Well it’s 5 years total at least two of which have to be after they turn 14 not adult.

 

Please tell me that the lawyer didn’t tell you it had to be 2 years as an adult?

[Londonergirl 133]

1 hour ago, Italian_in_NYC said:

The lawyer is not a prison guard, cannot force anyone to do anything.

However, the lawyer gives professional advise, and is paid for it.

The client reasonably relies on the professional advise (otherwise what would be the point of paying someone?).

I'm an accountant, I advise my clients on certain tax positions to be taken. The client signs the return (I sign as preparer) and is personally responsible and liable for it, but if I give bad advice, the client can sue me for damages.

Where does it say that the lawyer didn't give other advice? Where does it say? 

Edited February 1, 2018 by Londonergirl

[Ontarkie 13,969]

~~One post even though it could be read as a tongue and cheek comment. It also can be read as instructing to commit fraud has been removed. Another Post removed for quoting. -Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. ~~

Edited February 1, 2018 by Ontarkie

[SusieQQQ 11,585]

52 minutes ago, Illiria said:

Well it’s 5 years total at least two of which have to be after they turn 14 not adult.

 

Please tell me that the lawyer didn’t tell you it had to be 2 years as an adult?

She didn’t actually say the lawyer told them anything about the kid. It’s difficu to know what the lawyer told them and what they figured out on their own.

its entirely possible they misunderstood the lawyer, or the lawyer gave a range of options and they chose one, or it’s also entirely possible the “lawyer” was some anonymous person claiming to be a lawyer on the internet. We just don’t know and OP hasn’t clarified anything about the lawyer.

Edited February 1, 2018 by SusieQQQ

[JFH 12,189]

23 hours ago, Fijianladi said:

 told me to go back to Canada, find a job and hold it for 6 months before I can come back into the states

He told you to find a job? How did he know you don't have one? I assume he asked you what work you do that allows so much time off to spend 75% of your time in the US. I hope you haven't been working illegally here. 

 

You have been very lucky to get away with it for so long, to be honest. Yes, it's difficult to be apart. There are thousands of us here who are going through or have gone through the same thing, but without the luxury of so much time together. My husband is also inadmissible to my country. So the US was realistically our only choice. For that reason I had to be very, very careful not to jeopardize anything or cause myself to be denied entry. 

Edited February 1, 2018 by JFH

[Londonergirl 133]

5 minutes ago, SusieQQQ said:

She didn’t actually say the lawyer told them anything about the kid. It’s difficu to know what the lawyer told them and what they figured out on their own.

its entirely possible they misunderstood the lawyer, or the lawyer gave a range of options and they chose one, or it’s also entirely possible the “lawyer” was some anonymous person claiming to be a lawyer on the internet. We just don’t know and OP hasn’t clarified anything about the lawyer.

Even if they did have a lawyer.... Who does absolutely no research on their own? 

[Boiler 43,770]

4 minutes ago, Londonergirl said:

Even if they did have a lawyer.... Who does absolutely no research on their own? 

Hang around, never ever under estimate the stupidity of the general public.

[Illiria 980]

48 minutes ago, SusieQQQ said:

She didn’t actually say the lawyer told them anything about the kid. It’s difficu to know what the lawyer told them and what they figured out on their own.

its entirely possible they misunderstood the lawyer, or the lawyer gave a range of options and they chose one, or it’s also entirely possible the “lawyer” was some anonymous person claiming to be a lawyer on the internet. We just don’t know and OP hasn’t clarified anything about the lawyer.

☺️

 

It was a question not a statement

 

considering how the OP had the wrong information about the process I was concerned she had the wrong information about the crba as well so wanted to inform her that it’s two years after the father reached 14 years not two years after he became an adult.

Edited February 1, 2018 by Illiria

[acidrain 325]

1 hour ago, Illiria said:

Well it’s 5 years total at least two of which have to be after they turn 14 not adult.

 

Please tell me that the lawyer didn’t tell you it had to be 2 years as an adult?

Yes, it's 5 years total in which 2 years have to be over 14 years old. I just wrote adult because I did not know the age off hand. My spouse lived in the US as a child but does not meet the 2 years over 14. So we have to do IR2 to claim my son's citizenship. I didn't know all that until I got denied at the border. I met border officials who don't know that information who I've had to explain it to as they ask why my son does not have a US passport.

 

Edit to add: BTW I am not the person who started this thread and did not use a lawyer for this process

Edited February 1, 2018 by acidrain

[Mrsjackson 300]

57 minutes ago, Londonergirl said:

Even if they did have a lawyer.... Who does absolutely no research on their own? 

I wouldn’t advise someone to go and sue a lawyer necessarily but I don’t see where your confusion is coming from. Lawyers are paid to give advice. If they give inaccurate advice, that could be malpractice and someone could sue if they wanted to. You asked who doesn’t do their own research.. well.. maybe someone who had hired a lawyer?