Can I Travel with AP

[taruwish]

Can I Travel with AP -245i

I am a Canadian Citizen. I been Living in USA since 1997. So after six month i was illegal because A Candian Can stay Only up to Six month. Any way in 2001 I applied L.C. from my job and has been apprved then I applied I-140,also approved and Finally I applied I -485(245-i) on March,02.As per my notice ND is april-01-2002.RD is March-12-2002.At that time i applied EAD also which is approved.
as a matter fact iam on second EAD soon will apply for third.
only one time FP done on May-2002. I never applied AP before.
This time last august/03 i applied AP and it's Approved.
My question is if i am travelling with AP will get me any trouble since i was illegal.
Some one told me that Since U R A Canadian Citizen so shoult not be any problem because Canadian citizen don't have any I-94 so
3 & 10 Yrs bar do not apply canadian.
PLease ....... Please Adivce.

 

[Japanese]

I don't think it's a good idea for you to go

taruwish -

I do not think Canadian citizens get any special treatment from USCIS. Please look at the link, which I posted for you below. As you will see, USCIS does not indicate any exception to a particular nationality. I believe the word, "aliens" encompasses all would-be immigrants.

http://uscis.gov/graphics/publicaffairs/advisories/advisory.htm

Again, this is just my opinion. I think you should consult your immigration attorney before you purchase your airline tix or start driving up north to the border.

Japanese

 

[TheRealCanadian]

Re: Can I Travel with AP -245i

Originally posted by taruwish
Some one told me that Since U R A Canadian Citizen so shoult not be any problem because Canadian citizen don't have any I-94 so 3 & 10 Yrs bar do not apply canadian.

As I understand it, illegal presence only begins accumulating when one has either an I-94 or an I-797 that has an expiration date. As a Canadian "undocumented B" visitor, there is a loophole in the law that prevents you from ever accumulating illegal presence. You probably will be OK.

Please note that this only extends to Canadian citizens who enter in B status and do not get an I-94. In any other status, you do get an I-94 and can accumulate time towards the bars.

However, you do NOT want to mess with the 3/10-year re-entry bars. I would strongly recommend you spend $100 or so and consult with an immigration attorney that specializes in US immigration for Canadians. usvisahelp.com is a good place to go.