Living in Canada while applying for I-485

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wimzieguy
Posts: 23
Joined: Fri Mar 14, 2008 2:45 pm
Location: Canada

Living in Canada while applying for I-485

Post by wimzieguy » Wed Jun 04, 2008 2:20 pm

Hi,

I am currently working in US on TN visa. I commute to work from Canada. I am thinking about applying for GC process. I am planning to stay in Canada and keep working in US for the entire process. Is this legally possible?
Do I have to stay in US if I file I-485?
If not, can I cross the border using EAD/AP?
Please advise what is the sane way to accomplish this objective.

Thanks.

Arslan Khan

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed Jun 04, 2008 2:31 pm

To accomplish this while processing I-485 is nearly impossible unless you have H1.

First, you need to be physically in US in a legal status to file (not a problem, you are on TN) at least for the 3-4 days it takes to submit the paperwork.

Your BIGGER problem however, is that you cannot leave US until you get AP, otherwise your GC is considered abandonned. Moreover, even ifd the were to let you in, you could not use TN (since I-485 petition basically kills the use of TN, but would have to get EAD to continue working.

So, the very best you can do is enter US on TN, apply for I-485, EAD and AP and STAY IN US UNTIL EAD/AP are approved, which will take 3 months.

you have 2 better options:

1. Apply for a commuter green card, which would allow you to continue to live in canada, even after GC is awarded (you would need to investigate the initial requirements of physical presence in US and abandonment of petition I mentioned above).

2. The other, which would make the MOST sense, would be to simply apply for Consular processing instead of I-485. This would allow you to continue to live in Canada throughout, and would not cause you any problems with TN, since the presumption would be that you are not moving to US until and unless your get consular approval.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

wimzieguy
Posts: 23
Joined: Fri Mar 14, 2008 2:45 pm
Location: Canada

Post by wimzieguy » Fri Jun 06, 2008 10:01 am

ahhh... phenomenal!!

I did discuss CP with my laywer but he outright rejects this option (don't know why!!)... but I'll certainly look into this option in more detail.


As always, thanks a bunch!

AK

wimzieguy
Posts: 23
Joined: Fri Mar 14, 2008 2:45 pm
Location: Canada

Post by wimzieguy » Fri Jun 06, 2008 10:06 am

One more question .... when I apply for CP (filing Form I-824), at what point of time I can switch my job, if needed.

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Jun 06, 2008 10:09 am

US immigration atty's really don't get the big advantage Cdns have over, say, Indians or Chinese, when it come to Consular Processing (CP).

Your not heading back to some backwater system where Police records and medical records are inconsistent (and in a foreign language), and it doesn't cost 1000's of dollars to travel to Montreal for a week.

I would have gotten my GC at least 4 years earlier if I had gone CP over I-485, but was talked out of it by skittish lawyer.

The worsty thing was that I ended up spensding the summer in Mtl (my home town) on business in 2004 at exactly the time I would have been scheduled for CP.


In you case, though, being a commuter on TN, I don't see how you can get CG any other way.

Talk to a lawyer more cogniscent of Cdn ways. Like Jim Eiss.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Fri Jun 06, 2008 10:11 am

[quote="wimzieguy"]One more question .... when I apply for CP (filing Form I-824), at what point of time I can switch my job, if needed.[/quote]

You can't. AC21 (the law that allows switching in mid-process) does not apply to Consular Processing.


So, you can only safely switch your job several months after getting GC.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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