Husband (dependent) canadian citizen

S

selymishra

Registered Users (C)
Hi My friend's I485 RD is aug 2001. She is the primary applicant and her husband is dependent applicant. Her husband lives and works in canada .
Will that cause a problem during their GC interview?
 
Unfortunately, yes. This will cause a problem because I485 is a status adjustment process and it requires applicant's presence in the US. Those who are not present in the US must go via consular processing.
 
Re: Re: Husband (dependent) canadian citizen

Originally posted by pysar
Unfortunately, yes. This will cause a problem because I485 is a status adjustment process and it requires applicant's presence in the US. Those who are not present in the US must go via consular processing.
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If the husband was present in the US at the time of the filing of the adjustment petition, he should be good. He will need AP to return for the interview or afterapproval.
 
He was present in US durign filing.
Now his Ap has expired and he hasnt filed for new one as the immigration officers never checked his AP because of his canadian citizenship.
So is it ok if he coems over using that. Or will a ap be stil required?
 
Re: Re: Husband (dependent) canadian citizen

Originally posted by selymishra
He was present in US durign filing. Now his Ap has expired and he hasnt filed for new one as the immigration officers never checked his AP because of his canadian citizenship. So is it ok if he coems over using that. Or will a ap be stil required?
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An expired AP won't get him back into the country, and yes, he needs AP to re-enter. I'm fairly sure that they'll swipe his passport, notice the I-485 and deny entry as a B visitor.

File for his AP.
 
Re: Re: Re: Husband (dependent) canadian citizen

Not so sure - check section A in the instructions on the I131 (pg 3). If an individual is outside the US, he only needs the AP if he cannot get an inadmissibility waiver, which is not an issue with his Canadian passport. Points C and D in #2 on page 4 strengthens that argument.

However, I'm not so sure about having a 485 pending while you're not in the country. The whole premise is that you are adjusting your status while in the US.

Yet another twist - if he does apply, Section D on Pg 3 says that he needs to be in the country until a decision is made on the application.

Have I lost you with all the points and the sections? :D

K

Originally posted by TheRealCanadian
An expired AP won't get him back into the country, and yes, he needs AP to re-enter. I'm fairly sure that they'll swipe his passport, notice the I-485 and deny entry as a B visitor.

File for his AP.
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Husband (dependent) canadian citizen

Actually even when the AP was valid , the immigration officers never looked at it or stamped his PP as being on AOS, even when the AP was handed to them.


He had to visit canada on and off to visit relatives.
Now applying for his AP does not seem to be an issue as he has already been fingerprinted, and the RD is current.
 
Re: Re: Re: Re: Husband (dependent) canadian citizen

Originally posted by PhillyKP
If an individual is outside the US, he only needs the AP if he cannot get an inadmissibility waiver, which is not an issue with his Canadian passport.
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A waiver of inadmissibility has nothing to do with his Canadian citizenship. It's used if you are inadmissible by virtue of criminal conviction, overstay or disease. That's clearly not the case, but how is he going to enter the country with clear immigrant intent?

He's either going to come in on an H or L, or use AP.
 
Originally posted by selymishra
Actually even when the AP was valid , the immigration officers never looked at it or stamped his PP as being on AOS, even when the AP was handed to them.
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That's fine, but now that his AP is expired, on what grounds will they let him into the US?
 
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