US GreenCard Questions: Please Help

If anyone could be of assitance with answering my questions it would be greatly appreciated: 1. RE: Green Card: Is it true that a Canadian cannot leave the US for any reason while their US Green...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

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Vince22
Junior Member

Joined: 11 Nov 2007
Posts: 20
Location: North York

Posted: Sun Nov 11, 2007 1:41 pm

If anyone could be of assitance with answering my questions it would be greatly appreciated:

1. RE: Green Card:
Is it true that a Canadian cannot leave the US for any reason while their US GreenCard is processing?

2. How long does a GreenCard take to process and what is the cost of obtaining a GreenCard? Does the applicant pay these fees or his/her employer?

3. Can a friend or 2nd cousin sponsor you for a greencard? if so, do they have to be living in the same State as you?

thanks very much.

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Mon Nov 12, 2007 4:03 am

. RE: Green Card:
Is it true that a Canadian cannot leave the US for any reason while their US GreenCard is processing?

Depends on what method you are adjusting status.

2. How long does a GreenCard take to process and what is the cost of obtaining a GreenCard? Does the applicant pay these fees or his/her employer?

How long depends on which state you're in, and the method you're adjusting status. I think (this is my knowledge of based on adjustment of status based on marriage) it is $1010.

3. Can a friend or 2nd cousin sponsor you for a greencard? if so, do they have to be living in the same State as you?

Friends or cousins cannot sponsor you for a green card. It would have to be immediate family (parent or spouse) or an employer.

Again, please keep all of your questions to one thread to reduce confusion and clutter.
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Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Tue Nov 13, 2007 11:28 am

The Canadian can depart the U.S. with a pending adjustment application if they have obtained advance parole. (Form 1-131) If they depart before obtaining advance parole, the adjustment application is abandoned. If the Canadian chooses instead to consular process an immigrant visa (Montreal only), then there is no need to obtain advance parole.

TNs should always consular process instead of filing for adjustment of status.
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
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P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

Vince22
Junior Member

Joined: 11 Nov 2007
Posts: 20
Location: North York

Posted: Tue Nov 13, 2007 1:02 pm

Mr. Rizzo,

1.
Does it have to be a legitimate reason for one to be able to depart the US while one's Green Card is pending?
Example:
Can one depart the US with a pending adjustment application for any reason? ie to vistit your home country(canada), attend a wedding, a birthday party, etc.

2.
Is there a limit to how many times one can use a pending adjustment application to leave while their Green Card is pending?

3.
How early should one file a pending adjustment application before they want to depart the country?

Thanks,
Vince

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Tue Nov 13, 2007 2:32 pm

Does it have to be a legitimate reason for one to be able to depart the US while one's Green Card is pending?
Example: Can one depart the US with a pending adjustment application for any reason? ie to vistit your home country(canada), attend a wedding, a birthday party, etc.

The reason is not material. You can depart for any reason if you have secured advance parole.

Is there a limit to how many times one can use a pending adjustment application to leave while their Green Card is pending?

You're not using the pending adjustment application to leave, you're using the advance parole document. You can depart and re-enter multiple times over a one year period.

How early should one file a pending adjustment application before they want to depart the country?

The adjustment application does not control this decision. You can file for adjustment at any time. The key is to file for advance parole at the same time you file for adjustment, since there's a waiting time on the I-131 (Advance Parole).

Have a nice evening.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

Vince22
Junior Member

Joined: 11 Nov 2007
Posts: 20
Location: North York

Posted: Tue Nov 13, 2007 3:06 pm

Thanks Mr. Rizzo,

All is clear to me but your reply to my 3rd question.

The adjustment application does not control this decision. You can file for adjustment at any time. The key is to file for advance parole at the same time you file for adjustment, since there's a waiting time on the I-131 (Advance Parole).

Example:
If I were presently in the US on a "pending" Green Card and wanted to travel back home to Canada to visit, would 1 week notice be enough time to "file for advanced parole and file for adjustment"?
or does it take longer than this?

Where do you file for advanced parole and adjustments?

Thanks very much.
Have a great evening

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Wed Nov 14, 2007 9:10 am

Example:
If I were presently in the US on a "pending" Green Card and wanted to travel back home to Canada to visit, would 1 week notice be enough time to "file for advanced parole and file for adjustment"?

You can't having a pending green card until you file for adjustment of status. So after you file for adjustment of status, then you have a pending green card. You can file for advance parole the same time you file for adjustment of status, but after filing both, you need to wait a few months for approval of the advance parole, then you can depart the U.S. with the AP document.

Where do you file for advanced parole and adjustments?

You file the adjustment application with USCIS. (Form I-485) The I-131 (Advance Parole) should be filed with the I-1485.
_________________
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Thu Nov 15, 2007 4:18 am

One week is usually not enough time to get an advanced parole document. Very few district offices will grant an emergency AP anymore. YOu have to send in the AP application along with your adjustment of status application. It usually takes up to about 3 months for AP to be approved.

Check USCIS website for processing times.

Have you actually sent in your application for adjustment of status? On what basis is your adjusment application?
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