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  • Travelling without AP

    Hello,

    I am a Canadian citizen, currently staying in US after marrying a US citizen, and waiting for my advance parole. I have been patiently waiting for my travel permit, however the process has taken much longer than expected. I was wondering what happens if I leave US and go to Canada? Can my husband bring the travel permit to Canada once the USCIS mails it out? And what exactly does "abandoning application" look like - will I be able to travel to US in the future with my Canadian passport?

    Also, any word on if/how the government shutdown is effecting the immigration applications?

    Thank you in advance.

  • #2
    Originally posted by 123abcd View Post
    Hello,

    I am a Canadian citizen, currently staying in US after marrying a US citizen, and waiting for my advance parole. I have been patiently waiting for my travel permit, however the process has taken much longer than expected. I was wondering what happens if I leave US and go to Canada? Can my husband bring the travel permit to Canada once the USCIS mails it out? And what exactly does "abandoning application" look like - will I be able to travel to US in the future with my Canadian passport?

    Also, any word on if/how the government shutdown is effecting the immigration applications?

    Thank you in advance.
    Once you leave you will not receive your advance parole. They will have it in the system that you left the country therefore abandoning your petition. If you are filling for AOS, you will also be abandoning that petition as well
    3/21/18 - file (I-765, I-485, I-130) received by NBC
    4/2/18 - Received 3 receipts for 3 cases
    4/2/18 - Received biometrics appointment
    4/27/18 - biometrics complete
    7/6/18 - I-485 Ready to be scheduled for interview
    8/10/18 - EAD in Production
    8/13/18 - "We approved your case" I765
    8/16/18 - We mailed your card to you


    Field office NYC

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    • #3
      What exactly does "abandoning application" mean? Will I be able to enter US on my Canadian passport? Or re-apply the petition again?
      Originally posted by Shae View Post
      Once you leave you will not receive your advance parole. They will have it in the system that you left the country therefore abandoning your petition. If you are filling for AOS, you will also be abandoning that petition as well

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      • #4
        Originally posted by 123abcd View Post
        What exactly does "abandoning application" mean? Will I be able to enter US on my Canadian passport? Or re-apply the petition again?
        Leaving the US before being granted Advance Parole automatically abandons your Adjustment of Status (I-485) application.

        Like any other Canadian citizen, you can try to seek entry to the US as a visitor on your Canadian passport. Although there is no rule against visiting while you have a pending I-130 petition, in this case there is a good chance you will be denied entry on the basis of immigrant intent, since you have a pending I-130 in a category that can immediately immigrate.

        If you cannot return to the US, you would have to switch your I-130 to Consular Processing, and do Consular Processing for an immigrant visa at the US consulate in Montreal.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thank you for all your messages.

          I am wondering if I withdraw my current application, would I be able to file for petition again? Or would it impact my future chances of visiting/migrating to US?

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