Six month stay special situation

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AGNCanuckAbroad VIP
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Joined: 21 Jun 2011

Re: Six month stay special situation

Post Mon Aug 22, 2011 10:14 am

That's if you are unfortunate enough to have to live outside US.
Since our poster's spouse seems willing and able to staty in US for months at a time, I'm quite sure AOS would be the route chosen. If that was the case, AP would be issued in weeks, whci is all that one needs, really.

Point being that parents and spouse of USC does NOT fall under FB immigration quotas.
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bhemiNew Member
Topic author
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Joined: 19 Aug 2011

Re: Six month stay special situation

Post Mon Aug 22, 2011 2:32 pm

It seems like there is some wiggle room. Where should I go to get a ruling on staying past the six months? Should I ask the US consulate in my home town? Where does one apply for the exemption?
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CalGreenCardCanuckAbroad VIP
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Joined: 16 Feb 2008

Re: Six month stay special situation

Post Mon Aug 22, 2011 3:15 pm

flames9 wrote:Thast good to know!! But what is immediate?? With Spouses, one does not immedietly get a Green card, process for the CR-1/Ir-1 for Canucks is around a year or so. I'm now a USA citizen and if I wanted to sponsor my parents, my understanding it would still take awhile. But thats another question,lol My parents have no desire to move to the USA. And actually I'm much happier living in Nicaragua,lol Thanks


Well the claim was made in an earlier that the process is never fast. When it comes to immigration matters, a year is, indeed, fast. There's no quota and hence no statutory waiting list for immediate relatives.

I believe that for immigration purposes, an immediate relative is a spouse, a child, or the parent of an adult (>21) citizen. If the immediate relative enters the USA in good faith in a legal temporary status, and later their plans change, they can be sponsored and stay without having to return home or be illegal for awhile.

That said I think it is somewhat unusual for an adult US citizen to sponsor Canadian citizen parents for healthcare reasons.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Six month stay special situation

Post Tue Aug 23, 2011 6:20 am

Indeed, it woudl be unusual to sponsor an aged parent, due to healtcare costs.

However, if the aprent is in their 40's, and will have work authorization in 2 months, that is a great opportunity.
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CalGreenCardCanuckAbroad VIP
Posts: 254
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Joined: 16 Feb 2008

Re: Six month stay special situation

Post Tue Aug 23, 2011 12:03 pm

bhemi wrote:It seems like there is some wiggle room. Where should I go to get a ruling on staying past the six months? Should I ask the US consulate in my home town? Where does one apply for the exemption?


The consulate won't be able to help you because Canadians don't need actual consulate visas (even, AFAIK, for long term 'family member B2'). You apply at the border for whatever US status you need and have to take your chances--which carries some risk and means you need to do the research and known the rules in advance.

I would recommend that you talk to a lawyer about the 'family member B2'. None of the replies that you've received so far--including my own--suggest that anyone has in depth knowledge of the family member B2--though they are correct that such a status does exist. Given that the person the mother would actually be going to support--the daughter--would be different than the person named in the paperwork--the son--I could see it being a tad tricky.

I'm sure it is doable but I think it is an unusual enough situation that a short consultation with an immigration lawyer is advisable. If you folks can afford a US condo in your efforts to make all this happen, I presume you can afford an hour of an immigration lawyer's time.
Last edited by CalGreenCard on Tue Aug 23, 2011 12:08 pm, edited 1 time in total.
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CalGreenCardCanuckAbroad VIP
Posts: 254
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Joined: 16 Feb 2008

Re: Six month stay special situation

Post Tue Aug 23, 2011 12:05 pm

AGN wrote:However, if the aprent is in their 40's, and will have work authorization in 2 months, that is a great opportunity.


Or at least it was back in the day when Canada actually had a higher unemployment rate.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Six month stay special situation

Post Tue Aug 23, 2011 1:04 pm

CalGreenCard wrote:
AGN wrote:However, if the aprent is in their 40's, and will have work authorization in 2 months, that is a great opportunity.


Or at least it was back in the day when Canada actually had a higher unemployment rate.


Indeed. The 21st century is not destined to be America's.
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