My husband and I have been married since March of 2005. We are currently in the process of filing the I485, which we first submitted in June 2005. Question we cross back and forth over the U.S. Canadian border many times a week because we are renovating a house in the US and living at a cottage in Canada...I work in NY and my husband has a seasonal business in Canada...usually we have no problem crossing....but legally what in the world should he be filling out so that he can continue to legally be crossing.. I often see that people can get turned down at the US border if they enter without a travel document and stuff.. Any advice?
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Traveling often between US & Canada while processing I485
- Thread starter Jilly2833
- Start date
detroitkam
Registered Users (C)
If you cross the u.s border without Advance Parole, your application is considered abandoned. This question may come up during your interview. And moreover you are taking a risk crossing the border without proper documentation (Advance Parole). If they ever find out that you have applied for adjustment of status (I-485), your file will be considered abandoned and they will not let you back into u.s. Apply for Advance Parole. It takes about a month or two to receive it.
I live in NY and I travelled back and forth between Canada and the US, But once I submitted my I-485, I was considered an immigrant and can not leave the US until I get my GC or apply for advance parole. This was explained to me by an immigration officer in the Buffalo office.
Jilly2833 said:My husband and I have been married since March of 2005. We are currently in the process of filing the I485, which we first submitted in June 2005. Question we cross back and forth over the U.S. Canadian border many times a week because we are renovating a house in the US and living at a cottage in Canada...I work in NY and my husband has a seasonal business in Canada...usually we have no problem crossing....but legally what in the world should he be filling out so that he can continue to legally be crossing.. I often see that people can get turned down at the US border if they enter without a travel document and stuff.. Any advice?
Yep, don't leave the US anymore till you either obtain advance parole or the I-551 stamp in your passport. Hopefully on the prior trips, the customs officials had not stamped your passport. If so, it can cause a problem during the interview. Whatever you do, especially if your passport has been stamped, do not lie at your interview if asked about any out of country travel while your I-485 was in process. Obviously if not asked, similarly do not volunteer any information of this nature that could work against you.
Fyi
New Requirements for Travelers Between the United States and the Western Hemisphere
The Intelligence Reform and Terrorism Prevention Act of 2004 requires that by January 1, 2008, travelers to and from the Caribbean, Bermuda, Panama, Mexico and Canada have a passport or other secure, accepted document to enter or re-enter the United States. In order to facilitate the implementation of this requirement, the Administration is proposing to complete it in phases following a proposed timeline, which will be published in the Federal Register in the near future.
This is a change from prior travel requirements and will affect all United States citizens entering the United States from countries within the Western Hemisphere who do not currently possess valid passports. This new requirement will also affect certain foreign nationals who currently are not required to present a passport to travel to the United States. Most Canadian citizens, citizens of the British Overseas Territory of Bermuda, and to a lesser degree, Mexican citizens will be affected by the implementation of this requirement.
Please see link below for more info.
http://travel.state.gov/travel/cbpmc/cbpmc_2225.html
New Requirements for Travelers Between the United States and the Western Hemisphere
The Intelligence Reform and Terrorism Prevention Act of 2004 requires that by January 1, 2008, travelers to and from the Caribbean, Bermuda, Panama, Mexico and Canada have a passport or other secure, accepted document to enter or re-enter the United States. In order to facilitate the implementation of this requirement, the Administration is proposing to complete it in phases following a proposed timeline, which will be published in the Federal Register in the near future.
This is a change from prior travel requirements and will affect all United States citizens entering the United States from countries within the Western Hemisphere who do not currently possess valid passports. This new requirement will also affect certain foreign nationals who currently are not required to present a passport to travel to the United States. Most Canadian citizens, citizens of the British Overseas Territory of Bermuda, and to a lesser degree, Mexican citizens will be affected by the implementation of this requirement.
Please see link below for more info.
http://travel.state.gov/travel/cbpmc/cbpmc_2225.html