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I-485 If I have travelled to Canada ???

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  • I-485 If I have travelled to Canada ???

    I am a canadian living and married in the USA 6 years ago to US born citizen. We are just now getting our paper work done. Fingerprints done awaiting a call for interview. Question: Was I allowed to travel back and forth a few times a year to Canada to visit family? or was I supposed to stay in US until completion. Would I be penalized if I did travel? and I know that once I am in process no travel without permission? Pleas could someone help?

  • #2
    I am a canadian living and married in the USA 6 years ago to US born citizen. We are just now getting our paper work done. Fingerprints done awaiting a call for interview. Question: Was I allowed to travel back and forth a few times a year to Canada to visit family? or was I supposed to stay in US until completion. Would I be penalized if I did travel? and I know that once I am in process no travel without permission? Pleas could someone help?

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    • #3
      If you travelled without permission (i.e. without obtaining an advance parole document) your case will be denied.

      Comment


      • #4
        BronzeLady- Is this assuming that he has filed paperwork for those six yeear, or that INS knew he was here? Or is it assuming that he is know just applying for status? I thought that if he wasn't rying to be a resident, work, etc that he could travel as much as he wanted, but when he files to become a permanet resident he has to stay till approved, etc.

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        • #5
          I am only now applying for I-485..so travel before this ok?

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          • #6
            As soon as USCIS issued a receipt indicating they have receive and began processing of your case, any travel outside the US without an Advance Parole can be ground for termination of your AOS.

            Travel before the AOS process will depend on your visa status before hand.

            Comment


            • #7
              If understood you correctly, before you applied for AOS I-485 you had been coming and going across the U.S.-Cananda border. If that is the case, I also wonder if having done so prior to applying jeopardizes your chances of getting a green card. I am also applying for AOS based on Regitry since I have been in the US since 1966, and I also traveled for no longer than 2 to 4 weeks to visit my country of origing, Mexico. I will not leave now that I am waiting for the Interview, but I wonder if having left the country prior to my applying will create a problem. I came in and out saying at the border that I was an American.

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              • #8
                Once again, I really think that what happened before you try and adjust status in regards to travel does not matter. But hopefully BronzeLady will let us know.

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                • #9
                  I came through the border originally to visit and then ended up staying permanantly and visiting back and forth through the canadian border seeing my family. I always told them I was a canadian though. Never lied, and never was asked what I was doing because someone else was always driving me through and border patrol asked them where are you going and they would say shopping ...so I never had to be in a position to lie. I have not received a receipt yet but have an Alien number and have been fingerprinted by FBI. I am told the next step is to have an interview. I will not leave now but I am curious as to how the travel to my country of origin prior will affect my I-485 outcome and interview???

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                  • #10
                    I do not think that it will effect you. In the interview, we were never even asked if we had been out of the country or not. (He was from Canada too) They had no way of knowing. (ie, you were never fingerprinted at border or passports looked at driving over Canadian border, etc.) Therefore, I do not think it will effect you I485. Don't worry about it, the one thing they may ask is why you did not apply for benefits sooner, but I am sure you have a good reason.

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                    • #11
                      Others out there - save yourself the chances of messing up your immigration applications or worse yet - being stuck on the wrong side of the border for years while things get sorted out (if at all).

                      Get an Advanced Parole document BEFORE you leave the US for any reason (including to go to Canada).

                      ARQU

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                      • #12
                        I can say that the one recurring theme I have read on this and many boards over and over for people in this sitaution or others is DO NOT LEAVE THE US until things are resolved. It seems leaving the US and trying to re-enter messes up 90% of those who have trouble.

                        Comment


                        • #13
                          Travel back and forth BEFORE you file your I-485 will not have the consequence of a denial on your application (unless you were out of status, etc.). Leaving on a visa or, in the case of a Canadian, with your passport/identity documents AFTER you file an I-485 should result in a denial. Once you file the I-485 your only means of travel is with an advance parole (unless you fall in one of the limited exceptions and I haven't heard that either of you fall in the exception category which would be possession of an H-1 visa).

                          Comment


                          • #14
                            thank-you everyone for your responses. I was told yesterday that the I-485 apps are still Sept 2003..so they are 7 months behind. Mine was received Mar 1, 2004...so I won't even hear about an interview till after 7 months... We waited 6 years because the first set we sent the first year GOT LOST and we didn't know until 2 years ago...

                            Had to start form square 1...INS said they never received the paperwork??????????

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