Canadian in the USA

OhCanada!

OhCanada!

New Member
Hello!

My immediate Canadian relative has been in the US for 5 months, her I-130 was approved last week and we sent her I-485 in to the USCIS yesterday (FedEx next day delivery).

The NVC emailed a few days ago saying they received the file, and we paid necessary fees but have not filed the next round of paperwork yet.

Since a Canadian is only allowed on the US for 6 months in a 12 month period, can she remain and do her appointment here, or must she return to Canada?

I’ve looked tirelessly online and can’t find the answer. Thank you!
 
First, there is no rule that "a Canadian is only allowed on the US for 6 months in a 12 month period". On each stay, she can stay for as long as she is admitted for. If she entered on B2 status, she was likely admitted for 6 months (you would know the specifics since you had to fill in the I-94 information on the I-485). Regardless of how long she was admitted for, she can stay in the US for as long as she has a pending I-485. In fact, she cannot leave the US before getting a green card or Advance Parole, or she will automatically abandon her I-485.
 
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