Canadian PR - AOS pending USA

W

wheretogo

Registered Users (C)
Hi,

My I-485 is pending. PD Sep 2001 EB3, India.

I have Canadian PR.

I am thinking to move Canada and get job there. If I will get GC approved. Can I come back in USA ? I am thinking to keep renew AP and EAD till I get GC.

Anyone has same situation?

Thanks
 
Wheretogo,
No offence meant but what are you trying to achieve here? Your post does not convey exactly what your goal is. If you want to live in Canada, I see no reason for you to spend money on EADs and APs. Would be a waste of your money if you ask me. Remember, you can be a citizen of two or more countries at the same time, but you cannot be a "permanent resident" of two countries at the same time.
 
So, triple_citizen,

I got EAD too and I gave away my landing rights to Canada. I had even got an immigrant stamp in the passport but I did not wanted to take any chance on advance parole to get back to USA. I have heard lot of bad experiences.

Anyways, do you know how do I get my landing fee back??
 
Sunny,
Have you used your immigrant visa? If not, simply return it to the consulate that issued it and they will refund you the landing fee. If you have used it, then you are out of luck. However you can still get half of it back, depending on when you used it.
 
Thank you so much, triple citizen for your reply.

I have not used my immigrant stamp or landing papers. I did not land in Canada due to the risk of returning to USA on Advance Parole and 485 pending.

Do I really need to submit my passport and landing papers to buffalo? They won't just mail me the feww back in full??

Also, the expiration of my immigrant visa from canada was 25th nov 2006. Will it cause any problems with my pending GC?? Will US immigration officers find out my interest in Canadian PR but I did not land? Do you think, it is safe or should I change my passport??
 
sunny_1023 said:
Thank you so much, triple citizen for your reply.

I have not used my immigrant stamp or landing papers. I did not land in Canada due to the risk of returning to USA on Advance Parole and 485 pending.

Do I really need to submit my passport and landing papers to buffalo? They won't just mail me the feww back in full??

Also, the expiration of my immigrant visa from canada was 25th nov 2006. Will it cause any problems with my pending GC?? Will US immigration officers find out my interest in Canadian PR but I did not land? Do you think, it is safe or should I change my passport??
Click to expand...


hi

to my way of thinking it should not be any problem at all. Infact though you applied for Canada you never landed so your intent is quite clear and that is to be PR of USA.
I think you are fine

dhm2002
 
wheretogo said:
Hi,

My I-485 is pending. PD Sep 2001 EB3, India.

I have Canadian PR.

I am thinking to move Canada and get job there. If I will get GC approved. Can I come back in USA ? I am thinking to keep renew AP and EAD till I get GC.

Anyone has same situation?

Thanks
Click to expand...

Hi
Can one keep the AOS process on if you are not in the country? even if you renew your AP, EAD are you not supposed to be physically present in the country? Isn't there some time limit? I thought that is the case. Am I wrong?

dhm2002
 
dhm2002,
According to my cousin (who is an AILA lawyer), there is no limit on how long an alien can stay out of the US on advance parole. However, having said that, he does not recommend his clients to stay out for more than 30 days. Remember, an advance parole document is issued to AOS applicants for emergent (not necessarily emergency) travel. Another reason that he discourages his clients is that if for some reason AOS is denied, it is easier for USCIS to deport someone whose last entry was on AP as opposed to an "official entry".
Good luck!!!
 
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