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Can a US immigrant with I-551 stamp enter Canada?

Can a US immigrant with I-551 stamp enter Canada?

Old Mar 29, 2009, 2:04 pm
  #16  
 
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Originally Posted by wesmills
If you've applied for but not yet been granted permanent resident (I-551) status you can't leave the US without "advance parole" while the application is pending. Once you have the card, even if you lose the card, you can still come and go; it's just a lot harder to come back in.
Perhaps I haven't been clear. What's the reason behind this advanced parole nonsense? It sounds like complete nonsense to me.
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Old Mar 29, 2009, 5:07 pm
  #17  
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Originally Posted by stupidhead
Perhaps I haven't been clear. What's the reason behind this advanced parole nonsense? It sounds like complete nonsense to me.
Nonsense to me as well.
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Old Mar 29, 2009, 5:10 pm
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Originally Posted by stupidhead
Perhaps I haven't been clear. What's the reason behind this advanced parole nonsense? It sounds like complete nonsense to me.
"Advance Parole"(AP) is used for cases where your Adjustment of Status(AOS aka Green Card application) is pending.

Leaving the US without having AP, while AOS is pending, can deemed to be abandonement of the process. Therefore while the application is working its way through the system, you need to have this to leave US soil(which does not include American Samoa or Swains Island).

IANAL I: However once AP is used, technically your situation changes WRT to adjustment. If AP isn't used, you and your legal self are one. When AP is used your legal self remains at the border until your case is adjuticated. At which your legal self and you and unified again.

IANAL II: however there are certain cases, where advance parole IS NOT advisable. For example, if you have accumulated more than 180 days in the US without a legal status, and you leave the US, you can be barred from returning for a number of years specified by statute.(CIS will happily issue the AP document, without regards to these situation, so it user beware). Once your case is adjucated and you have a Green Card, this no longer applies.
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Old Mar 29, 2009, 5:18 pm
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Originally Posted by AlmostThere
"Advance Parole"(AP) is used for cases where your Adjustment of Status(AOS aka Green Card application) is pending.

Leaving the US without having AP, while AOS is pending, can deemed to be abandonement of the process. Therefore while the application is working its way through the system, you need to have this to leave US soil(which does not include American Samoa or Swains Island).

IANAL I: However once AP is used, technically your situation changes WRT to adjustment. If AP isn't used, you and your legal self are one. When AP is used your legal self remains at the border until your case is adjuticated. At which your legal self and you and unified again.

IANAL II: however there are certain cases, where advance parole IS NOT advisable. For example, if you have accumulated more than 180 days in the US without a legal status, and you leave the US, you can be barred from returning for a number of years specified by statute.(CIS will happily issue the AP document, without regards to these situation, so it user beware). Once your case is adjucated and you have a Green Card, this no longer applies.
Thanks for the post which I understand, but need for all these formalities still does not make an ounce of sense to me.
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Old Mar 29, 2009, 5:30 pm
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Originally Posted by UA Fan
Thanks for the post which I understand, but need for all these formalities still does not make an ounce of sense to me.
Oh I agree whole whoe heartedly. However, remember this is the US Government making the rules. Therefore you must obey.

These are the same people reponsible for:

1) Shoes circuses.
2) The war on Liquids

etc.
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Old Mar 30, 2009, 10:02 am
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Disclaimer: This is not a legal advice.

But having gone through the GC process myself - simply applying for AOS (I-485) does not mean you have to use Advance Parole. If you still have H1B valid and stamped in the passport (I am not sure with other visas) - you can use the valid stamp to enter US legally. I have done so myself.

If however you have applied for AOS but have an expired visa stamp and are using EAD as the means to work here in the US - you need to apply for AP in advance of your departure and have it approved in advance of your departure.

Entering using AP is also a pain since you have to undergo a mandatory secondary inspection at port of entry.
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Old Mar 30, 2009, 1:46 pm
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A friend of mine went through this as well. On a driving trip from Arizona to Banff, Canada he stayed behind in Montana while I went into Canada because his green card was still processing.

As stated above, leaving the country without prior approval will be considered abandonment of the green card application. Although you may be able to reenter if you still have some other valid document, if they connect the dots and realize you left the country, they can cancel your green card application and force you to start over.

Seriously, USCIS is the worst government agency to deal with.
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Old Mar 30, 2009, 2:10 pm
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My husband was here on an L-1, and came and went as often as he liked on that L-1 until he applied for a Green Card.

Once the Green Card process was rolling he had to have Advance Parole (a piece of paper that says "you can leave the country") at all times when going back and forth to the UK.

He applied for his AP papers in December; they had not arrived by April, when we had a trip to the UK planned for Easter. He called the INS hotline (these are the heady years after 9-11), and he was told by the INS service desk that he did not need AP paperwork to enter the country because all his information was in the system and his receipt (piece of paper telling him his piece of paper was in process) should suffice.

Upon returning from the UK we spent 5 hours in the "Special" office at IAH because he did not have his piece of paper, just the receipt. It seems he had been approved for the Green Card but not informed; his AP papers were not in process since he had a Green Card "in the system." Border Patrol lets him in "provisionally" thanks to my pleading that he had no home in the UK, owned a home and had a job in the US and sending him back to London would be a great hardship to me as a citizen! His case was referred to Houston INS.

INS Houston officials refused to hear his case, told him he was going to be deported, and generally just wouldn't read the paperwork or take the time to try to figure the mess out. They didn't believe that he had been told it was OK to travel, "oh there's nothing we can do, the rules are strict now," yada yada yada. My favorite quote was "Well, at least you don't have kids."

After months of wrangling, many immigration lawyers, etc. his Green Card approval was REVOKED, he had to put in a new application at no cost to us, and he received a NEW Green Card approval in a couple of months. Serious money was spent by his company, serious hassle was what we went through and it was a nightmare. In the end it all hinged on the IAH immigration officer putting a stamp in his passport that fateful afternoon showed they knew he had a Green Card approved but he crossed it out and wrote "not valid for travel." His company also lodged a formal complaint after having another foreign employee who called the INS service line and got the same answer my husband did; apparently there were a few people at the INS who didn't know the rules and who were giving out bum information.

My husband received a letter of apology from three officers of the INS and in the end lots of people came up and apologized personally for so many mistakes on the part of INS. When we went in for the final "interview" the guy was totally confused by his file and actually had a big "REJECTED" stamp ready to go on his desk because he'd looked at the file and freaked out (he told us this), but the apology letter was stuck on the bottom of the file (literally last page) and when he read that he stamped us "APPROVED."

Moral of this long story: if you're waiting for your GC make sure you don't have to have your advance parole letter, and when they tell you it's not necessary check again. Urgh.
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Old Mar 30, 2009, 2:25 pm
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Just wanted to add that every foreigner with a Green Card (or in the process of obtaining one) must remember not to stay outside the US for more than 180 days because the US Gov't can revoke it if they believe that the foreigner gave up their residence.
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Old Mar 30, 2009, 2:54 pm
  #25  
 
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Originally Posted by ElkeNorEast
Moral of this long story: if you're waiting for your GC make sure you don't have to have your advance parole letter, and when they tell you it's not necessary check again. Urgh.
No, sorry, but the correct moral of the story: if you need advice about anything concerning immigration, ask your own immigration attorney. Would you ask the IRS a tax question?

Originally Posted by Open Jaw
Just wanted to add that every foreigner with a Green Card (or in the process of obtaining one) must remember not to stay outside the US for more than 180 days because the US Gov't can revoke it if they believe that the foreigner gave up their residence.
In general, but as pointed out in my recent Immigration CLE ("continuing legal education" for attorneys) class, it is possible for lawful permanent residents ("green card holders") to stay outside the U.S. for longer than six months if proper arrangements are made. See an immigration attorney.

I am a lawyer. I refer immigration matters to other lawyers who concentrate their practices in this field.
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Old Jun 23, 2021, 10:31 am
  #26  
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Originally Posted by Landing Gear
No, sorry, but the correct moral of the story: if you need advice about anything concerning immigration, ask your own immigration attorney. Would you ask the IRS a tax question?



In general, but as pointed out in my recent Immigration CLE ("continuing legal education" for attorneys) class, it is possible for lawful permanent residents ("green card holders") to stay outside the U.S. for longer than six months if proper arrangements are made. See an immigration attorney.

I am a lawyer. I refer immigration matters to other lawyers who concentrate their practices in this field.
It should be clarified the OP's wife and others who enter the US on an immigration visa, are permanent residents as soon as they enter the US and get that Visa stamped with an I-551 (ADIT) stamp
The discussion about someone getting refused was because they had applied for an adjustment of status and had NOT entered the US on an immigrant visa. I will also point out, a fiance visa (up to 90 days to get married) is NOT an immigrant visa.
That person would have to file for adjustment of status after marriage and would need advanced parole while waiting.
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Old Jun 24, 2021, 8:55 am
  #27  
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As this is an 10+ year-old thread, we will archive this and invite members to start a new discussion thread if they wish. /Moderator
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