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Immigration Issues/US/Canada immigration simultaniously

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Question
Dear Sir,

We came to US in the year 2000 in non-immigrant visa (H1B/H4). We have always maintained legal status. After very hard effort to immigrate to US, 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 availability. Currently, our H1B/H4 visas and status has expired 4 months ago. 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, and there is always some uncertainty in getting the GC in hand. 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 need to land in Canada to become PR, before the expiry of Canada immigration visa. Also, we would like to retun to US immediatly after the completion of PR process in Canada.

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,,  

Answer
Hi,

You can travel on advance parole document for any reason and you will be able to come back to the U.S. without any problem. The advance parole is a multiple-entry document valid for one year (make sure you enter the U.S. before it expires). You may want to carry with you when traveling copy of I-485 receipt notice, and EAD, and perhaps even some recent pay stubs as evidence that you are employed so that there will be no problem in entering the U.S.

Your I-485 application will not be in any jeopardy if you travel to Canada to complete permanent residence process, as long as you are still planning on working and residing in the U.S. when your I-485 is approved.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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