Canada PR and US 485 Pending (Pls suggest)

sunny_1023

Registered Users (C)
Immigration Gurus,

History: applied for 485 in Jan 05 - EB3 from India and labor Sept 03
Also applied for Canadian PR as a backup and completed the process last month and mail the passports to Canadian consulate and got the immigrant stamp in the passport to land in Canada before 24th Nov, 2006.
NO H-1 VISA. I am on Advance Parole and EAD.

I have been hearing horrible experiences of lot of people who landing in Canada using AP and coming back to states had tough time explaining the US immigration officer that why they applied for Canada PR while 485 is pending. Someone entry was almost denied and cases of harassment etc...

I have decided not to land to Canada using AP BUT I STILL HAVE IMMIGRANT VISA STAMPING FROM CANADA IN MY PASSPORT which expires on 24th Nov, 2006.

IF I DO NOT LAND, WILL THAT CANADIAN IMMIGRANT STAMP IN MY PASSPORT WILL CAUSE ME PROBLEM BY THE US IMMIGRATION OFFICERS WHILE TRAVELING ABORAD OR DURING THE PROCESS OF GC STAMPING??
Even though I have not landed but that stamp is the only way the US officers will know that I have ever applied for Canadian PR too...

Please suggest, whether should I change my passport??
Also, am I doing the correct thing by not landing in Canada due to AP and not taking risk on 485??

Thank you,
Sunny
 
Immigration people don't like us to keep PR cards for both countries. But in this case you only have Canadian PR and 485 pending.
I am exactly in the same situation and I will take this risk very soon.
 
I am canadian citizan and i am waiting for my I485. My I140 is aprroved but I485 taking long because My Lc is EB3
 
sunny_1023 said:
Immigration Gurus,

History: applied for 485 in Jan 05 - EB3 from India and labor Sept 03
Also applied for Canadian PR as a backup and completed the process last month and mail the passports to Canadian consulate and got the immigrant stamp in the passport to land in Canada before 24th Nov, 2006.
NO H-1 VISA. I am on Advance Parole and EAD.

I have been hearing horrible experiences of lot of people who landing in Canada using AP and coming back to states had tough time explaining the US immigration officer that why they applied for Canada PR while 485 is pending. Someone entry was almost denied and cases of harassment etc...

I have decided not to land to Canada using AP

BUT I STILL HAVE IMMIGRANT VISA STAMPING FROM CANADA IN MY PASSPORT which expires on 24th Nov, 2006.

IF I DO NOT LAND, WILL THAT CANADIAN IMMIGRANT STAMP IN MY PASSPORT WILL CAUSE ME PROBLEM BY THE US IMMIGRATION OFFICERS WHILE TRAVELING ABORAD OR DURING THE PROCESS OF GC STAMPING??
--------------NO, US immigration has nothing to do with your Canada immigration visa or stamps

Even though I have not landed but that stamp is the only way the US officers will know that I have ever applied for Canadian PR too...
-----not a problem, even if you land no problem for your I-485 processing
Please suggest, whether should I change my passport??
-------------- why? canada immigration stamp or canada Landing stamp is not a crime
Also, am I doing the correct thing by not landing in Canada due to AP and not taking risk on 485??
-----------------Canada immigration or getting PR of Canada has nothing to do with your pending I-485. once you get US GC and if then land in Canada as PR that may create problems as you need to meet residency requirement of Canada or US. Before I-485 approval if you land in Canada it has nothing to do with your pending I-485 or US GC
Thank you,
Sunny
read the below link similar question and answer from Murthy law office
http://www.murthy.com/chatlogs/ch0700306_P.html
 
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