Can Canadians waiting for a GC visit the USA?

[rbakker]

Hello,

My question is quite simple. If a non-resident Canadian has applied for a green card (in this case because their USC parent is sponsoring them) can they visit and stay for the usual maximum 6 months per year in the USA while waiting? Has anyone ever experienced this?

regards

 

[maheshgajanan]

Hello,

My question is quite simple. If a non-resident Canadian has applied for a green card (in this case because their USC parent is sponsoring them) can they visit and stay for the usual maximum 6 months per year in the USA while waiting? Has anyone ever experienced this?

regards

rbakker,
I have heard that an officer at the port of entry can deny admission to an alien on grounds of intent to immigrate. I understand a I-130 would imply an intent to immigrate. So I am guessing, if your the person were to be asked a question about intention to immigrate, he/she would have tell them the truth. And that could result in them denying entry. Please comfirm this before you make a decision based on my incomplete understanding.

Mahesh

 

[rbakker]

Thanks for your reply.

I know that what you say is, in principle, true but isn't it different for Canadians? We don't have to fill in any sort of form when entering the USA, don't even have to show a passport (just proof of citizenship). The only way they would know is if they scanned the passport and checked it with an I-130 database. Does this happen in practice, I wonder?

I visit the US often and would like to get a green card, but not if it means I can't visit anywhere for the next 4-5 years!

cheers

 

[999]

Thanks for your reply.

I know that what you say is, in principle, true but isn't it different for Canadians? We don't have to fill in any sort of form when entering the USA, don't even have to show a passport (just proof of citizenship). The only way they would know is if they scanned the passport and checked it with an I-130 database. Does this happen in practice, I wonder?

I visit the US often and would like to get a green card, but not if it means I can't visit anywhere for the next 4-5 years!

cheers

I am a canadian citizen, and can tell you this:
everything mentioned applies to canadian citizens just the same, they usually ask you 2 questions when you enter:
1) why are you coming?
2) for how long?

if you lie to them it is a serious offense, you can be banned for life.
As for database- sometimes they enter you last name into the computer, and wait for what pops up. If you applied for residense- chances are something WILL pop up.

 

[TheRealCanadian]

I know that what you say is, in principle, true but isn't it different for Canadians? We don't have to fill in any sort of form when entering the USA, don't even have to show a passport (just proof of citizenship).

If the inspector at the POE determines that you have a pending I-130, then he or she may very well deny you entry. In practice, things might be a little looser - but I wouldn't count on it.