Going to Canada & I94

A

Alexandria

Registered Users (C)
Hello,

Have a question about I-94 after visiting Canada for asylees.
Do you have to deduct the period of time you spent in Canada before you apply for GC? As far as I know, they don't issue you new I-94 if you are crossing canadian border by land. So, if you are making a 1-week trip to Canada, would you have to add this week after to make it 1 year by the time you apply for GC? Also, how considerable should be a visit to Canada before you apply for GC? No questions from IO's in the long run?
Share your experience, please,

Thanks!
 
Alexandria said:
Hello,

if you are making a 1-week trip to Canada, would you have to add this week after to make it 1 year by the time you apply for GC?

Thanks!
Click to expand...


NO
 
An example will best answer your question:


If one's asylum was granted on July 1, 2006, one is qualified to file his I-485 on July 1,2007. If you travel to Canada for one week, say, October 15 through October 22. Then you are eligible to file I-485 on Oct 23, 2007.

Hope answered your question!
 
Coolguy, I believe your example is wrong.

Let's say asylum granted on June 1st, 2006. Asylee qualifies for adjusting his status on June 1st, 2007 if you spend the whole year in the U.S.
Let's say you are leaving out of country for a week on Christmas. Then you should be able to qualify for status adjustment on June 8th, 2007 (a week added to initial date). But if you are leaving country for a week-two on Christmas shouldn't be implying that the 1-year clock starts from the moment you enter U.S. back (Christmas, in our case).
What I wanted to know is whether this absence time period addition does apply to those visiting Canada by land, as they don't renew your I-94 when you enter the country back(as far as I know).
Thanks!
 
Alexandria said:
Coolguy, I believe your example is wrong.

Let's say asylum granted on June 1st, 2006. Asylee qualifies for adjusting his status on June 1st, 2007 if you spend the whole year in the U.S.
Let's say you are leaving out of country for a week on Christmas. Then you should be able to qualify for status adjustment on June 8th, 2007 (a week added to initial date). But if you are leaving country for a week-two on Christmas shouldn't be implying that the 1-year clock starts from the moment you enter U.S. back (Christmas, in our case).
What I wanted to know is whether this absence time period addition does apply to those visiting Canada by land, as they don't renew your I-94 when you enter the country back(as far as I know).
Thanks!
Click to expand...

It does not matter how you left the country and whether or not you applied for a new i-94 or not. You should still indicated that you left the US even if it was to Canada. If you have no proof that you have done so, just state that in your cover letter that you should enclose with your I-485 application. The law states that you have to indicate whether or not you departed the US during the 1 year that you were in asylee status.
 
Thanks for you replies.
Also, how advisable are visits to Canada before you apply for GC? Is it going to result in delay in your GC application or anything similar could happen?
Thanks
 
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