Can i travel back to Canada and return to USA?

[TheRealCanadian]

I'm going to assume you entered as an undocumented Canadian B-2 visitor and overstayed the six months.

Also is it better to cross land border or go by air...I mean which one is less hassle for returning to canada?

The good news is that you are not subject to the 3/10 year bars unless you were issued an I-94, which would be exceptionally rare. You should not have a problem re-entering Canada, but they may ask you how long you were gone. This will probably be shared with the US at some point. Keep in mind that the Canadians share entry/exit data with the US and vice versa, so they may know when you left Canada, depending on how you travelled.

Is it true that if you by air all travellers in the usa airports are entered into a database that is accessed by ins?

Of course, but my experience with land crossings would indicate that the same happens there as well.

For instance if ins does a background check of me can they find that i travevelled outside the country when i said i was here?

Absolutely, and I would be exceptionally leery of lying to USCIS later on.

I'd also strongly suggest you not travel to Canada until you have filed your paperwork. I don't see any valid basis for you returning to the US without some sort of misrepresentation, and I'm not of the opinion that you'd be able to pull that off. CBP officers (both at land and air) will be suspicious, and will probably want to see evidence of ties to Canada.

 

[bb_5555]

but if you file your paperwork now then you can't go back to canada until ap is approved and that could take a while.

 

[jnj]

oh,great!!!

Now that i inderstand us officials can see when i returned to canada,i would definetely get screwed trying to re enter the usa at the border i guess...or if not the border patrol then i guess the ins would see that i re entered the usa...and if i dont mention that on the 325 form i would probably be denied gc...what apain!

So my dilemma is should i lose my drivers license and hope that i get a gc!
I am worried that they will deny mebecause i am being cosponsored by her father because her income has been crap for the last 2 yrs and i havent been able to work in that time either-except for cash...

 

[bb_5555]

oh no you don't have to worry about that

I had to have a joint sponsor and mine was approved

as long as the joint sponsor can prove he has enough money then you are fine. It's got to show on the latest 1040. That is really the amount they go by.

the only time they deny a marriage based application is if they have some reason to believe that the marriage is a sham. So the fact that her dad is helping you out is actually a good thing. Be sure and have him write a letter saying you two love each other and that should work.

 

[jnj]

ya his last 3 1040s avg around 80k and he has no dependants, besides me i guess!and ya i can see how that would make the marriage even more bona fide....

 

[dr_lha]

My advice. Stay put, stop trying to trick the Border Patrol people, that way lies trouble. This the entire thread you've been trying to figure out how to do something illegal and not get caught. Warning lights should be flashing above your head right now.

Apply for AOS and EAD, within 90 days you'll get the EAD which you can use to get a US drivers license. You can get a replacement passport from the Canadian embassy in Washington, DC, I would guess.

 

[eddie_d]

You don't need to go to the embassy, a consulate works as well. I got my passport renewed via the L.A. consulate in about 3 weeks including mailing time.

 

[jnj]

so i can get ead and then a california drivers license?

My immigration guy says i have to get my ss first to apply for dl?

He says i will get the interview,ead at around the same time?

 

[dr_lha]

You don't need to go to the embassy, a consulate works as well. I got my passport renewed via the L.A. consulate in about 3 weeks including mailing time.

Whats the difference if you do it by mail?

 

[dr_lha]

so i can get ead and then a california drivers license?

My immigration guy says i have to get my ss first to apply for dl?

You can get a SSN when you get EAD, then you can get a DL.

He says i will get the interview,ead at around the same time?

EADs take 70-90 days right now. Interviews, I don't know - depends on your DO. The fact is though, even if you have an interview quick, it doesn't mean you'll get your GC quick.

 

[bb_5555]

you already have your ss number

you use the one you have

what you need in addition is the ead

then you take your ead card and ss card to the ss office and tell them you want to remove the work restriction

they will send you a new card SAME SS NUMBER but with restrictions removed

 

[pianoplayer]

you already have your ss number

you use the one you have

what you need in addition is the ead

then you take your ead card and ss card to the ss office and tell them you want to remove the work restriction

they will send you a new card SAME SS NUMBER but with restrictions removed

The SS office does not remove restrictions on the SS card just by tendering an EAD. GC holders and US citizens, as well as some other categories, can apply for an unrestricted SS card. People with an EAD retain the card with "subject to INS authorization" and use the EAD as that authorization.

 

[jnj]

i dont have the original ss card...i think i lost it....BTW,do i have to use that ss number?Can i just get a new one?
I am asking this because i used that ss number to get my old california dl and maybe the ins will check out that ss number and see that i had been living here in the 1990s also...not just from 2000 til present which is all i want to disclose.

 

[pianoplayer]

i dont have the original ss card...i think i lost it....BTW,do i have to use that ss number?Can i just get a new one?
I am asking this because i used that ss number to get my old california dl and maybe the ins will check out that ss number and see that i had been living here in the 1990s also...not just from 2000 til present which is all i want to disclose.

No, you do not get a new SS#.

 

[Brenglen]

My best advice like everyone else has said...DON'T LEAVE THE COUNTRY IF YOU HAVE YOUR CASE CURRENTLY PROCESSING. The Border will know when you show your ID, it is on the computer and when they find that, your Banned my friend.

I remember coming from a Tigers Game from the Tunnel and this one russian was held at customs cause he crossed the border while his papers were going through..he was sent home alright.