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Immigration Issues/US/Canada immigration simultaniously


We came to USA in H1B/H4 visa 6 years ago. We have always maintained legal status. We have applied EB immigation after very hard effort. Currently, we are in very final stage of GC application. Our application for adjustment of Status as permanent residence are currently peding with USCIS waiting for visa numbers. Now all our non-immigrant visa/status has expired. Though all our non-immigrant visas are expired, we have a valid EAD and advance parole document, to make a short foreign travel.

Two years ago, we have applied Canada permanet residency as a back up plan for US permanent residence, as US immigration takes more years. Our intension to live permanently in US. However, for some reason if our US immigration efforts fails, we want to migrate to Canada.

Now we got approval of Canada Permant Residence. We would like to land in Canada to become PR, before the expiry of Canada immigration visa, to keep the door open for Canada. Also we want to retun to US immediatly using advance parole to resume my  work and AOS.

In this situation, can we travel to Canada to become PR and return back to USA using Advance Parole document? Will our travel to Canada jeoperdise our GC (I-485)application?.

Can the border patrol/immigration officer deny our return entry to USA after our short travel to Canada to complete permanet residence process in Canada? I am getting mixed answers. Your answer will help me to plan/cancel our expensive trip to Canada?

Thank you,

Because you have not spent any illegal time in the U.S. and you have advance parole, the trip itself is not a problem. However, if you reveal the purpose of your trip, you will probably have problems. If questioned, I would tell them it was a vacation or something like that.



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Robert Hollander<B> Esq.</B>



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