Can someone answer this for me?

[PermRes2Be2007]

I have petitions filed and pending. My receipt date is July 26, 2007. I have had no updates on my advance parole since August 23, 2007.

If it is not approved within 90 days is it a possibility to schedule an appointment with info pass and get one faster?


I really want to get home. I haven't been there in almost 5 years and I miss my family and it's getting hard, I have some family members I would like to see who are coming to visit my parents and sister on November 1.

[constructus]

I have petitions filed and pending. My receipt date is July 26, 2007. I have had no updates on my advance parole since August 23, 2007.

If it is not approved within 90 days is it a possibility to schedule an appointment with info pass and get one faster?


I really want to get home. I haven't been there in almost 5 years and I miss my family and it's getting hard, I have some family members I would like to see who are coming to visit my parents and sister on November 1.

Wait for the Gurus to answer, but I beleive that after a certain time you can go and get it expedited. Nevertheless if at any point of time you were out of status you should not try to leave the country until you get GC even if you have AP. You won't be allowed to come back in and will be deported.

Make sure you were always in status before you get AP.

[PermRes2Be2007]

I was never illegal. I am Canadian, entered legally at a land border (from Ontario to NY) I have never been inspected and have crossed the border without being asked any questions other then my citizenship, I replied Canadian showed my id and proof of citizenship and was told to have a good day.

What do you mean by out of status? I don't have a passport so I don't have any stamps or anything like that. Being Canadian all I show is my ID and my birth certificate and was free to get through.

[constructus]

I was never illegal. I am Canadian, entered legally at a land border (from Ontario to NY) I have never been inspected and have crossed the border without being asked any questions other then my citizenship, I replied Canadian and was told to have a good day.

What do you mean by out of status?

I do not know how it works for Canadians, but even for us (French, British,...) who do not need Visas to come to the US, you can only stay a few months while visiting, and cannot work (unless you take a special visa). If you stay longer than that time, or work, you violated the terms of your stay, therefore you were out of status.

I believe that's what people have been saying on here. Wait for confirmations, but I believe that is true.

You will be pardoned if AOS is spouse related, but if you leave even with AP your AOS will be denied.

[PermRes2Be2007]

I am married to a US Citizen. I have never worked in the US or done anything illegal. I have been by the book from day 1. I have crossed the border quite a few times with no info ever taken. I have NOT crossed at all since filing my paperwork because I have been waiting for my i-131 to do so legally

[constructus]

I am married to a US Citizen. I have never worked in the US or done anything illegal. I have been by the book from day 1. I have crossed the border quite a few times with no info ever taken. I have NOT crossed at all since filing my paperwork because I have been waiting for my i-131 to do so legally

Good, so then get it expedited then.

[constructus]

Its 90 days then you can go ask them.

Check poster #3 in red markings.

http://www.immigrationportal.com/showthread.php?t=266158

[PermRes2Be2007]

Thank You VERY much! I am going to go there on Day 90 if nothing arrives before.

[constructus]

Thank You VERY much! I am going to go there on Day 90 if nothing arrives before.

No problem. It should be fine.

[PraetorianXI]

Something doesn't seem right here.

You entered without inspection (according to what you said?) but not with the Visa Waiver Program? and you have been here 5 years...? (according to what you said). And just now you filed for Adjustment of status?

What evidence do you have that you entered legally? if you were never inspected? no passport stamp? no I-94W? if not, then you may find yourself in trouble and I WOULD NOT leave the US if I were you.

Based on the first questions... you have been here illegally for 5 years, YOU SHOULD NOT USE ADVANCE PAROLE, DO NOT LEAVE THE USA. You are subject to a 10 year ban from re-entering the USA. Even with Advance Parole, your application will be denied.

Either way, you still have to prove that you entered legally to the US.

[constructus]

Something doesn't seem right here.

You entered without inspection (according to what you said?) but not with the Visa Waiver Program? and you have been here 5 years...? (according to what you said). And just now you filed for Adjustment of status?

What evidence do you have that you entered legally? if you were never inspected? no passport stamp? no I-94W? if not, then you may find yourself in trouble and I WOULD NOT leave the US if I were you.

Based on the first questions... you have been here illegally for 5 years, YOU SHOULD NOT USE ADVANCE PAROLE, DO NOT LEAVE THE USA. You are subject to a 10 year ban from re-entering the USA. Even with Advance Parole, your application will be denied.

Either way, you still have to prove that you entered legally to the US.

That's exactly what I had read here and tried to make sure he understood. But the OP seemed to be sure about his situation and status.

Nevertheless, OP, PRAETORIAN is right even being a Canadian does not give you the right (I think) to come here and settle without a visa. You would have had to leave before 3 months stays (or 6 months) and then come back.

But the other problem here would be that you would have needed to get a stamp in your passport to establish when you came in.

These GURU's Know what they are talking about. If I were you, I would listen to them.

[TNguy78]

You say you've not been home in 5 years AND you say you've crossed the border many times, but not since you filed in July. That doesn't make complete sense.

What exactly was filed in July?

Where are you living? If you are living in the US without any type of Visa - then you are illegal. Even if we Canadians can come and go across the border without much hassle (or used to anyway), that does not give you the legal right to LIVE in the US, just visit.

Where does your US spouse live?

You realize that you'd better get your passport very fast since in January you won't even be able to cross the border without a passport.

Question for anybody about inspection - if you cross by car and come to the immigration officer in the booth and you show your ID and state citizenship, is this consider "with inspection"?

[PraetorianXI]

You say you've not been home in 5 years AND you say you've crossed the border many times, but not since you filed in July. That doesn't make complete sense.

What exactly was filed in July?

Where are you living? If you are living in the US without any type of Visa - then you are illegal. Even if we Canadians can come and go across the border without much hassle (or used to anyway), that does not give you the legal right to LIVE in the US, just visit.

Where does your US spouse live?

You realize that you'd better get your passport very fast since in January you won't even be able to cross the border without a passport.

Question for anybody about inspection - if you cross by car and come to the immigration officer in the booth and you show your ID and state citizenship, is this consider "with inspection"?

Usually you enter for the day right? to shop or something?

Only under the visa waiver program (you get an I-94W) you can stay 90 days and with a visitor visa (you get an I-94) and you can stay up to 6 months. With those, I would consider it entering with inspection and you have proof of it (the I-94 or I-94W, or passport stamp). That evidence is VERY IMPORTANT to showing you entered legally.

Otherwise, how can you prove that you indeed entered legally? and not by crossing the forest? or by barrel from the niagara falls?

[PermRes2Be2007]

I did not need a visa, I have crossed numerous times to visit family both to US and to Canada. I crossed regularily for 4 years back and forth barely ever being inspected, just the ID and the birth certficate. I never said I haven't been across in 5 years I said I havent seen my family in 5 years (where they live).

I called my lawyer today who specializes in US and Canada immigration and was told that it is a well known loophole for Canadians because they do not need a passport or visas to cross back and forth. I have crossed half my life being a 15 minute drive to Canada and the most Ive ever been asked for is a birth certificate. A lot of the time even after 9/11 have been asked citizenship and said Canadian and they say go ahead. No ID or anything. He is also the one who filed my I-131 for me. He was going to look into my AP file today and see if he can make a phone call for me.

I was hoping someone in a similar relationship would have an answer about Advance Parole for me.

I have done a lot of reading on the situation and it seems immigration from Canada to the United States is a lot different then coming from anywhere else in the world.

I hope to have an update this afternoon with what my attorney tells me.


Enjoy your day everybody

[PraetorianXI]

I did not need a visa, I have crossed numerous times to visit family both to US and to Canada. I crossed regularily for 4 years back and forth barely ever being inspected, just the ID and the birth certficate. I never said I haven't been across in 5 years I said I havent seen my family in 5 years (where they live).

I called my lawyer today who specializes in US and Canada immigration and was told that it is a well known loophole for Canadians because they do not need a passport or visas to cross back and forth. I have crossed half my life being a 15 minute drive to Canada and the most Ive ever been asked for is a birth certificate. A lot of the time even after 9/11 have been asked citizenship and said Canadian and they say go ahead. No ID or anything. He is also the one who filed my I-131 for me. He was going to look into my AP file today and see if he can make a phone call for me.

I was hoping someone in a similar relationship would have an answer about Advance Parole for me.

I have done a lot of reading on the situation and it seems immigration from Canada to the United States is a lot different then coming from anywhere else in the world.

I hope to have an update this afternoon with what my attorney tells me.


Enjoy your day everybody

When did you enter the US last time?

[TNguy78]

I agree that it seems to be different coming form Canada as compared to any other country - I am Canadian, I grew up in less than 60 minutes from the US and used to cross all the time for weekends without any real inspection. I have also held many TN's and H1's in the past.

But, my main questions still remain - where do you live and where does your spouse live? And exactly what forms were filed in July?

If you LIVE in the US, then you must have a visa of some sort to legally allow you to live here. If you filled a I-485, then you in fact live in the US, since 485's are only available to people living in the US.

Now, I'm not sure how this affect the rest of your petitions since you are mairred to a US citizen and some things are forgiven, but if you are in the US, you must have soemthing that shows you are legally allowed to be in the US. And it's not up to Immigration to prove you don't have something, it's up to you to prove you do have something.

[PraetorianXI]

And if he is in fact living in the US, which I assume he is. Then he entered and stayed living in the US, for quite some time, and if he has been here "illegally" for more than 180 days, he is subject to a ban from returning, so using Advance Parole is NOT recommended.

[JnJ*8103]

Being in a similar relationship, I am a US Citizen and my husband is Canadian. We are a 45 minute drive from my door to his parents door and that includes crossing the bridge or through the tunnel. Our lawyer also applied for our AP for us. My husbands last border crossing was in mid 2005 when our daughter was born. From what I remember you are correct that things are different for US/Canadian immigration. Especially that we have that loophole that they do not have hard copy proof of when Canadians enter. This is why we applied for AP. Being a Canadian in the US with no proof of your last entry.


We have a lawyer as well, we were very worried about this as well but we were told that as long as we were married when he crossed the final time and they did not ask if we were married or anything else he was fine. The last time my husband crossed the US/Canadian border they didn't even ask him for his ID or anything. They asked him citizenship he said Canadian and they told him to go ahead. My husbands last entry being in mid 2005 we didn't file until this year and that was simply because we had to save the money (no, he has not worked at all).


I personally think its a matter that you need to talk to your lawyer about. Everyone has a very different situation and since you have a lawyer its definitely something to talk about with them. That is what you are paying them for.

But you are correct, Canadian American immigration varies a great deal from others.

TNGuy is right as well, you will need to prove yourself to USCIS when it comes time for your interview. In my case my biggest piece of proof is we have a daughter together. We don't have anything (bills etc.) in our names together, only because we are waiting for EAD to come so he can get things in his name but without a SSN# he cannot do so. We have tons of pics, wedding info, funeral information from my father, letters from family, etc. We are hopeful by the time our interview comes up that he will finally be able to put things in his name :-)


I know its not a lot of help but I highly advise you talk to your lawyer directly. Also do a search, I have read on here from someone that you cannot accrue legal status in the US if you do not have a passport stamp, it's a well known catch that you can get around. But I'm not going to get into that, I'll let you do some searching and read up for yourself!

[PermRes2Be2007]

I have applied for

I-485, I-130, I-131, I-765.

We currently live in Niagara Falls, NY


all of my papers are currently pending with USCIS.

[PermRes2Be2007]

I forgot to mention.
I said I have not seen my family in 5 years. I have been across the border since 5 years but my family is not where I have been, that is a long drive away from where I am in Canada. Does that make more sense to say that way?

[pville85]

You haven't seen your family in 5 years,so why can't you wait a couple of months?I think it's in your best interest for you to stay until your aos is completed,why take the risk of complicating the situation.But I hope your lawyer gets it right,that's why we pay them...And don't take this the wrong way but if you want to see them so bad,why didn't you make that long drive to them the numerous times you went to canada?I've sat in a car for 16hrs to,and 16hrs from 3 times in the last 3 years to visit my wifes family.

[PermRes2Be2007]

The simple reason am wondering about 90 days and getting my advance parole is because my relatives are flying in for a family reunion and they are in their 80s. I may never see them again. I cant drive to meet everyone that measn a lot to me when some live in newfoundland. I seen my immediate family meaning parents but my grandparents have not seen. in my original post i said they are coming to meet my parents and sister on november 1st. that is all.

I was just hoping for a simple answer on if i could do an info pass for advance parole after 90 days i wasnt expecting to have everyone drill me here. I am sorry I even asked now.

[asPapi]

I did not need a visa, I have crossed numerous times to visit family both to US and to Canada. I crossed regularily for 4 years back and forth barely ever being inspected, just the ID and the birth certficate.

A valid ID and birth certificate is sufficient for Canadians whose intention is for non-immigrant/short visit purposes only.

If your intent is to remain in the US indefinitely, then you will need to apply for immigrant status and demonstrate at some point that you entered legally and with inspection. A visa and/or I-94 card or stamp in your passport is evidence of this.

If you are currently in the U.S. I would not advise you to apply for and use AP.

Being Canadian does not confer any special privileges when it comes to Permanent Residency.

I would seek the advise of a competent Attorney.

[pville85]

Relax, nobody is drilling you,and if they are trust me it's not intentional.People are just looking out for you.But if ALL you want is an answer, no if's or but's.YES YOU CAN do an info pass after 90days for AP if you were not issued a request for inital evidence.YES you will get your AP :).

[Triple Citizen]

If you stop at a booth (even for 20 seconds) and the inspector verbally asks your citizenship and waves you in, you are INSPECTED.

I am Canadian, entered legally at a land border (from Ontario to NY) I have never been inspected and have crossed the border without being asked any questions other then my citizenship.

[JnJ*8103]

Now you all have me nervous, I'm going to have to call my lawyer about this! lol

[TNguy78]

If you stop at a booth (even for 20 seconds) and the inspector verbally asks your citizenship and waves you in, you are INSPECTED.

That's exactly what my question was - thanks. I figured that if you were asked anything at all, that meant that you were inspected. So, what happens if they ask for proof that you were inspected? You don't have paperwork to back it up.

OP - We did not meant to pick on you or anything, but as you can see, your original question just generated more and more questions. It's hard to answer a plain yes/no question when it comes to immigration since there are so many other variables to consider, and we just wanted to clarify all those other variables.

[JnJ*8103]

I never thought of it as being "inspected" either so maybe thats what OP didn't understand.

[Triple Citizen]

Don't tell me you thought "inspected" means having one's bodily cavaties searched. I blame Hollywood for that!!! :)

I never thought of it as being "inspected" either so maybe thats what OP didn't understand.

[JnJ*8103]

Don't tell me you thought "inspected" means having one's bodily cavaties searched. I blame Hollywood for that!!! :)


LOL!!! No, I just think of being inspection as being when your car gets searched or sent into the immigration office where they check your ID and put it in the computer lol

[PraetorianXI]

So the Immigration Officer waves you in? what proof will you have of that? No more than an illegal would by crossing the border.

[JnJ*8103]

As the wife of a Canadian citizen, I do know that almost always Canadians do not receive I-94s which means they never "fall out of status" and it is a very well known loophole and after doing a great deal of research. You can be banned but they have to prove when you fell out of status and you have to prove you weren't out of status (good luck with no written proof) You are correct BUT I would still talk to my lawyer if I were you because every single case is different and no one here can tell you the answers to your questions, we aren't lawyers or USCIS employees.

I am waiting for AP myself and my lawyer was going to bat for me today and tomorrow so we will know something soon if we will have AP when it is needed. If not, then there is nothing we can do because our situation is an emergency but not a life threatening emergency we will have to wait it out but on day 91 we will be trying infopass, nothing to lose by going to talk to them, and I plan to ask if namecheck cleared as well lol.

Don't get upset with the people you feel are drilling you here, you are new and until you get to know people it sometimes comes off that way but they are just trying to get a feel for your situation.



--- edited to add ---
Since they never issued an I-94, they will not accrue illegal presence if they go beyond 6 months. It is a well know loophole. To accrue illegal presence, one needs an expired I-94. Canadians usually do not get I-94s.