Canadian landing experience while on Advance Parole?

S

sk321

Registered Users (C)
Hi,

My Canadian landing papers will expire next month. We would like to land and complete immigration formalities and return to US quickly.

My H1/I-94 expired recently and working on EAD while I-485 AOS is pending. So I have to travel on Advance Parole while landing in Canada. I have the following concerns and any help would be highly appreciated.

1) Landing in Canada while on Advance Parole will pose any status problems to AOS??

2) Can I drive my own car to Canada?

3) Howlong the landing process takes before I can return to US?

Thanks
 
I landed in Canada while on H1 and I reentered Canada after receiving AP papers.
1) Having AP will allow you to enter US. It will not cause any problem to your AOS status. (Citizens of commonwealth countries with Canadian PR can enter US without a visa stamp.)
2) I drove my own car to Canada. First time when I was landing and the second time when I was visiting Canada last week and I had no problems.
3) The time I landed I stayed in Canada only a couple of hours and then retured to US. The actual landing process will only take about half hour.
 
Raj5 - Thanks a lot for the info.

If I am not wrong, I-94 is meant to record entry/exit of a non-immigrant by using which INS decides whether an individual was in or out of status at what times.

When you fly abroad, the airliner collects the current I-94 and forwards it to INS. You will get new I-94 when you re-enter US.

But in case of border crossing to Canada thru' drive, do they collect I-94 some where either US Port of exit or Canadian PoE like the way airlines do?

Or I-94 will come into picture only when you re-entering US? Looks I am missing something here.

If 2nd is correct, then how INS know when I actually exit out of US?

Thanks
 
The two times I crossed the border my I94 was not taken. As long as you are in Canada for less than one month you can use your I94 to renenter US. This information was given to me by a border officer. Except for the landing stamp there has been no other entries on my passport whenever I cross the border. Hope this helps yous.
 
When you fly abroad, the airliner collects the current I-94 and forwards it to INS. You will get new I-94 when you re-enter US.

*** But if you fly to Canada from US the Airlines will NOT take your I-94, it is like a Domestic travel to Canada

But in case of border crossing to Canada thru' drive, do they collect I-94 some where either US Port of exit or Canadian PoE like the way airlines do?

** When you enter Canada you face the Canada immigration and they are concerned about your Canada Visitor Visa or your PR or Landing valid papers, they have nothing to do with your US visa or I-94.

Or I-94 will come into picture only when you re-entering US? Looks I am missing something here.

*** I-94 and your passport visa will come into picture when you return from Canada by border, then you will face INS and they will look at your I-94, but if you are coming by air from Canada then the INS office is in Canadaian Airports and you have to face INS before taking a flight for US.

If 2nd is correct, then how INS know when I actually exit out of US?

***they have method to track you, one is your credit card, where you use it and they have other info sharing data with Canada also but why you are asking that question? now INS can track anything.

Raj5 is correct you can return on same I-94 if your stay is not more than 30 days in Canada or Mexico.
 
Avtaar -

The reason why I am asking all these is that my attorney advised me "not to leave US without either AP or a valid non-immigrant visa otherwise AOS would be considered abandoned". Attorney specifically mentioned about visiting places like Canada, Mexico, Bahamas which usually many people neglect by mistake thinking visiting these places does not create status issues.

I don't want to consider landing in Canada if this can jeopardize AOS in anyway. My H1/I-94 already expired otherwise my case would have been simple and straight forward.

Thanks for all your help.
 
your attorney is correct, you should have AP and better keep the Orignal I-485 Reciept from INS with you If you want to leave and re enter on AP.


When your H1b is expired and workin on EAD why you have not applied AP?
it is always better to have AP.

Now you are not on H1b so better Apply for AP you will get it in 30-60 days if your service centre is VSC and you can also visit your local INS office and get AP in a day. Fill up the Form, Pay the fees and have 2 Phothograps( same style you attached with I-485 or for EAD) go and get AP.
 
Avtaar - I already have Advance Parole.

Several people in this forum mentioned that they just showed US visa and re-enter after landing in Canada and I assume there was no proper record of entry/exit like the usual way of collecting and issuing new I-94 at POE.

Just showing the docs and re-enter US looks fine temporarily but may create issues if INS thinks the person left US during AOS without proper use of AP or so??

My only concern is that INS at later stage may cancel AOS if one travels abroad without actually using AP and that too when there is no valid non-immigrant visa. Am I thinking too pessimistic here?

Thanks
 
1. You have EAD and AP
2. your H1b sticker is expired.
3 you have only one month left on your LP to land in Canada.

4 you want to make sure that you have left USA and entred USA with AP so that you should have record with INS that you left with AP and Entred US on AP.

The best option for a Record with INS is that if you go to Canada by Air and when you return to US, show your AP papers and INS will stamp them, if you go by border and enter by border to US you shold show your AP to INS officer.

It does not hurt if you keep I-485 reciept and Employer letter that you are working with them.
All the Best.
 
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