Choosing a lawyer for applying for PR

[Jeff]

Does anyone have any advice on finding the right lawyer? Should they be local to you? Does it matter? I have a friend who came to Canada from the US who paid a lawyer to do it for her and her husband and she said it was a horrible experience so I'm wondering if anyone has advice on what to look out for or what to look for. Advice on variance in price is good as well.

An preparing to start this process for my girlfriend of over five years to try to get her up to Canada now ;D

 

[iarblue]

Hi Jeff
If your process is pretty straight forward, i would not bother with a lawyer i have been told by lawyers that you do not need them unless you run into problems.The problems we see with lawyers is the longer they keep you in the more they make and it is know that your process with a lawyer takes longer than it would be for you to go alone.
Now you say girlfriend.Are you common law have you lived with eachother for the past year?Are you getting married before hand?We here will help you with any questions you have but you need to give us more info so we can better help you to apply through the right avenues.Its is a bit different when your applying as a spouse or as common law.
If you have not lived together for the past year you can not apply as common law.
So tell us a bit more.The lawyer thing i would say no unless your case is stricken with lots of red flags.

 

[canadianwoman]

I have a friend who came to Canada from the US who paid a lawyer to do it for her and her husband and she said it was a horrible experience

What was so horrible about it? Details might help others with the same question.

 

[iarblue]

Just what i stated their app gets lost under all others app he gets them cofused with others and he is so tied up with other clients that he is soaking for more money than you that their app is put in priority over yours.
I have a friend that works for an immigration lawyer in Toronto and i hear the stories from her that she gets a call from a couple about their app and he is out of the office for a few days in court for another case or he is gone on a few days off.blah blah blah.Its just more stress that people dont need during this proces.
I think if your case is pretty straight forward you can do it yourself just as easy especially with this foru to help you along.

 

[Jeff]

We have not lived together for any length of time, five months maximum really. She's from Virginia, I'm from Ontario. We've traveled back and forth to visit each other over the last five years and she has generally stayed with me for a few months when she has come up each year but I am pretty sure we wouldn't qualify as common law.

One reason we are looking at doing it with a lawyer is so we can have it done properly and not get denied due to something we've screwed up filling it out by ourselves. That part makes me pretty nervous.

As for my friend who had a "bad experience" with a lawyer - she claimed the lawyer took a lot of extra time thus jacking up the costs. It's just what she told me though, I mean it ended up successful.

The other reason I am curious about a lawyer is due to our last visit we had together. Her mom was coming up to visit us and the plan was that my girlfriend was going to return home with her mom after the week long visit. However, her mom got flustered at the border and the questions and stated her daughter had no intentions of returning to the US which then led into one interesting day. At the end of the day, her mom was refused entry to Canada and my girlfriend was sent home.

On top of that there are lots of questions we just don't know the answers too. Like how can we get her here during the application process? Des she have to wait down there? etc etc

 

[javcil]

Are you planning on getting married or are you going to attempt to apply as conjugal?

 

[bobshynoswife]

Here is my advice...

All of the answers you need you will find here on this forum.

NO ONE will ever do a better job of putting together your application than YOU. This is your life and your relationship on the line. A lawyer does not guarantee a perfect application, and lawyers and consultants often make mistakes.

The majority of the work is compiling evidence that your relationship is genuine, obtaining police clearances and doing the medical exam. The rest is just answering questions about yourself and your relationship. Anyone with average english skills would have no problem.

I was going to hire a consultant for $2200, but was advised on this board that there was no need. I complied an awesome application myself, and though tedious, it wasn't difficult.

Good luck!

 

[Jeff]

Are you planning on getting married or are you going to attempt to apply as conjugal?

We are planning on on getting married. However, I read somewhere else on the forum here that if I were to travel down to the states to get married that would be illegal. So naturally, that has me worried although I don't understand how that can be illegal.

 

[bobshynoswife]

No, it's not illegal! As long as the marriage is recognized in Canada it doesn't matter which country you marry in.

Best thing is to have a good turnout at your wedding, with her family and yours if possible. The IO will be looking for proof of a genuine relationship, and eloping doesn't always look good - although spousal applications with Americans are generally very straight-forward.

Go to www.cic.gc.ca and start looking at the forms and guides. Start getting all of your evidence and documentation together now. FBI clearance takes quite awhile, so think about applying for that as the wedding date nears. Close to the wedding date, she'll have to do a medical exam at a Designated Medical Professional. Then all you have to do after getting married is answer a couple questions about the wedding and honeymoon and add your Marriage Certificate.

BTW..Congratulations!

 

[lands]

In my opinion..you will need to be married before you can apply...the way your relationship is structured..it might be hard to prove to the IO that it is genuine....maybe that is the reason that you need a lawyer...but I agree with most people on here...you are the best person to fill your application...and if you follow the guide found on the CIC website it is very straight forward...even this forum is a great resource...

 

[AllisonVSC]

We are planning on on getting married. However, I read somewhere else on the forum here that if I were to travel down to the states to get married that would be illegal. So naturally, that has me worried although I don't understand how that can be illegal.

I've never heard or read that!

 

[ariell]

Your case sounds pretty straightforward. I don't think there is any reason to pay a lawyer to handle your case. Most of us on this board (myself included) have done the applications ourselves and been successful. The forms are long and tedious but unless you have some additional complications (like a criminal record etc.), I personally think a lawyer is a waste of $$.

The fact that you're been together for 5 years means you have an established relationship and can show ample proof of that (I assume). I would definitely suggest that you marry first. Conjugal class is tricky and since this is a Cnd-US relationship, you're not likely to be successful applying in that class.

The info. you were given about getting married in the states being illegal is completely wrong. As long as your marriage is valid in the state where you marry, your marriage is legal for CIC purposes.

She doesn't have to wait in the states while her application is in process. Since she is from the US, she doesn't need a visa to visit so would be able to stay with you while the application is in process. I know several people who have done this with no problems.

 

[Jeff]

I've never heard or read that!

I'll see if I can dig up the post today.

We hadn't intended to get married just yet as we wanted to get her schooling done first then have a nice wedding near her family. In an ideal situation we would have preferred to apply as common law.

 

[ariell]

Is she planning to study here in Canada? If so, she could get a student visa and then when you're ready you two could marry. But international tuition fees can be exorbitant.

Otherwise, if you're not planning to marry and since you don't meet the requirements for common-law, you don't really have alot of other options for her to immigrate. Unlike other countries, Canada doesn't have a "fiancee" sponsorship category. I think your only option would be for her to apply as a Skilled Worker if she's eligible, but since you mention that your girlfriend is still studying, I don't think that will be an option. Since she's from a visa-exempt country, she can come and visit here for 6 months. Maybe you should try that and then decide if you want to marry?

 

[Jeff]

if you're not planning to marry

Oh we plan to marry, have for a long time.