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being outside of the US while Green Card application is in progress

being outside of the US while Green Card application is in progress

Old Apr 20th 2006, 7:38 am
  #1  
Sgy
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Default being outside of the US while Green Card application is in progress

Hi,

I am just about to start my Green Card application process.

I also have a job offer in Canada which requires me to be there at
least 50% of my time.

My questions is, can I work and travel to Canada while my Green Card is
in process?

Please help!!

sgy
 
Old Apr 20th 2006, 12:08 pm
  #2  
Rj
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Default Re: being outside of the US while Green Card application is in progress

"sgy" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Hi,
    > I am just about to start my Green Card application process.
    > I also have a job offer in Canada which requires me to be there at
    > least 50% of my time.
    > My questions is, can I work and travel to Canada while my Green Card is
    > in process?
    > Please help!!
    > sgy

What is your current status in the US?
 
Old Apr 21st 2006, 1:27 am
  #3  
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Default Re: being outside of the US while Green Card application is in progress

Originally Posted by Sgy
Hi,

I am just about to start my Green Card application process.

I also have a job offer in Canada which requires me to be there at
least 50% of my time.

My questions is, can I work and travel to Canada while my Green Card is
in process?

Please help!!

sgy
Potentially with advanced parole (I-131) you can. There are, however, loads of reasons not to!
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Old Apr 21st 2006, 5:36 am
  #4  
Amanda
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Default Re: being outside of the US while Green Card application is in progress

sgy wrote:
    > Hi,
    > I am just about to start my Green Card application process.
    > I also have a job offer in Canada which requires me to be there at
    > least 50% of my time.

Unless the job is by a US company, you are going to have problems
leadign to losing your GC in US.



    > My questions is, can I work and travel to Canada while my Green Card is
    > in process?
    >
    > Please help!!
    >
    > sgy
 
Old Apr 24th 2006, 8:35 am
  #5  
Sgy
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Default Re: being outside of the US while Green Card application is in progress

Dear CarIM, RJ and Amanda,

Thank you for your response. However, I am bit befuddled. Why do you
think working in Canada (with Advanced Parole or whatever lawyer
prescribed method) would be an issue? Can you please explain? Thanks.

Sgy
 
Old Apr 24th 2006, 9:39 am
  #6  
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Default Re: being outside of the US while Green Card application is in progress

Originally Posted by Sgy
Hi,

I am just about to start my Green Card application process.

I also have a job offer in Canada which requires me to be there at
least 50% of my time.

My questions is, can I work and travel to Canada while my Green Card is
in process?

Please help!!

sgy
Hi sgy,

Where are you at in your green card process? What forms have you filed? On what basis? When do you think you'll have an interview?

Rene
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Old Apr 24th 2006, 10:13 am
  #7  
Amanda
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Default Re: being outside of the US while Green Card application is in progress

sgy wrote:
    > Dear CarIM, RJ and Amanda,
    > Thank you for your response. However, I am bit befuddled. Why do you
    > think working in Canada (with Advanced Parole or whatever lawyer
    > prescribed method) would be an issue? Can you please explain? Thanks.
    > Sgy

When you take residency in US, you are supposed to reside in US and not
somewhere else whether it is for job or not unless your US employer
sends you out of US. Going out to visit for a short time is fine but
working long term by not residing in US disqualitfy you to be a US
resident. It's the law.
 
Old Apr 24th 2006, 11:35 am
  #8  
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Default Re: being outside of the US while Green Card application is in progress

Originally Posted by Amanda
sgy wrote:
    > Dear CarIM, RJ and Amanda,
    > Thank you for your response. However, I am bit befuddled. Why do you
    > think working in Canada (with Advanced Parole or whatever lawyer
    > prescribed method) would be an issue? Can you please explain? Thanks.
    > Sgy

When you take residency in US, you are supposed to reside in US and not
somewhere else whether it is for job or not unless your US employer
sends you out of US. Going out to visit for a short time is fine but
working long term by not residing in US disqualitfy you to be a US
resident. It's the law.
Amanda beat me to it.

Your applying for PR in the US, you can leave on the advance parole, but 1 your only supposed to use if you HAVE to leave for what ever reason, and 2 when you have the interview, you WILL be asked for all the dates of you LEAVING and RETURNING! Hence the PR status.
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Old Apr 24th 2006, 12:03 pm
  #9  
Rj
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Default Re: being outside of the US while Green Card application is in progress

"sgy" <[email protected]> wrote in message
news:[email protected] oups.com...
    > Dear CarIM, RJ and Amanda,
    > Thank you for your response. However, I am bit befuddled. Why do you
    > think working in Canada (with Advanced Parole or whatever lawyer
    > prescribed method) would be an issue? Can you please explain? Thanks.
    > Sgy

Depending on your status in the US, if you have applied for Adjustment of
Status and you leave the United States without an Advanced Parole, you will
be deemed to have "abandoned" your application and may not be allowed back
in. You would have to start your application for adjustment all over again
from outside the US.
 
Old Apr 25th 2006, 8:46 am
  #10  
Yamuna
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Default Re: being outside of the US while Green Card application is in progress

sgy wrote:
    > Dear CarIM, RJ and Amanda,
    > Thank you for your response. However, I am bit befuddled. Why do you
    > think working in Canada (with Advanced Parole or whatever lawyer
    > prescribed method) would be an issue? Can you please explain? Thanks.
    > Sgy

BTW, if yours is family-based application, you can postpone it and
apply for immigrant visa via Consular Processing. I m sure that you can
also postpone AOS but once your petition is approved, you are not
supposed to apply for visit visa or student visa to eneter US.
 
Old Apr 25th 2006, 12:25 pm
  #11  
 
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Default Re: being outside of the US while Green Card application is in progress

I wonder what the implications would be for a K-3 who entered the US, filed for AOS then went to their home country and worked some more, until their US EAD came through (or the AOS interview, whichever).
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Old Apr 25th 2006, 2:22 pm
  #12  
Yamuna
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Default Re: being outside of the US while Green Card application is in progress

meauxna wrote:
    > > sgy wrote:
    > > > Dear CarIM, RJ and Amanda,
    > > > Thank you for your response. However, I am bit befuddled. Why do
    > > > you
    > > > think working in Canada (with Advanced Parole or whatever lawyer
    > > > prescribed method) would be an issue? Can you please explain?
    > > > Thanks.
    > > > Sgy
    > >
    > > BTW, if yours is family-based application, you can postpone it and
    > > apply for immigrant visa via Consular Processing. I m sure that you
    > > can
    > > also postpone AOS but once your petition is approved, you are not
    > > supposed to apply for visit visa or student visa to eneter US.
    > I wonder what the implications would be for a K-3 who entered the US,
    > filed for AOS then went to their home country and worked some more,

You can go out with advanced parole but letting them know that you went
out for work instead of staying with the spouse would raise flags, I
think.

    > until their US EAD came through (or the AOS interview, whichever).

You get EAD isn 3 mos and so why bother going out to work.

    >
    > --
    > Posted via http://britishexpats.com
 
Old Apr 26th 2006, 9:13 am
  #13  
 
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Default Re: being outside of the US while Green Card application is in progress

Originally Posted by Yamuna
meauxna wrote:
    > > sgy wrote:
    > > > Dear CarIM, RJ and Amanda,
    > > > Thank you for your response. However, I am bit befuddled. Why do
    > > > you
    > > > think working in Canada (with Advanced Parole or whatever lawyer
    > > > prescribed method) would be an issue? Can you please explain?
    > > > Thanks.
    > > > Sgy
    > >
    > > BTW, if yours is family-based application, you can postpone it and
    > > apply for immigrant visa via Consular Processing. I m sure that you
    > > can
    > > also postpone AOS but once your petition is approved, you are not
    > > supposed to apply for visit visa or student visa to eneter US.
    > I wonder what the implications would be for a K-3 who entered the US,
    > filed for AOS then went to their home country and worked some more,

You can go out with advanced parole but letting them know that you went
out for work instead of staying with the spouse would raise flags, I
think.

    > until their US EAD came through (or the AOS interview, whichever).

You get EAD isn 3 mos and so why bother going out to work.

    >
    > --
    > Posted via http://britishexpats.com
A K-3 does not require advance parole while applying for AOS; it is a multi-entry visa valid for 2 years.
This is a Canadian border deal; the couple could still see each other more often, but retain the superior employment outside the US.

This thread just got me thinking about what would be the pitfalls to a situation like that.
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Old May 2nd 2006, 2:24 am
  #14  
Sgy
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Default Re: being outside of the US while Green Card application is in progress

Ok, here's the update. I checked with the lawyer and he said that I
can travel outside of the US once I get the travel permit (advance
parole) and there should be no extra risk as such. Hope this helps
those who are in similar boat as I am in. Thanks for all the responses.
 

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