Can I returned to USA if my GC is mailed to me

[oabrown 0]

I am Canadian and my wife is American up to two week ago I was in the USA with her, My Green Card is pending and soon to be approved I have EAD card also. 3 weeks ago I was told by USA doctor that I might have a medical problem with my prostate however we did not have health insurance and I was not working got laid off, the doctor informed me to get the procedures done in the next few day I had no option but to leave and get treatment in my home country Canada. I will know at the end of July if all is OK so far all test is looking good. Now we have a issue I would like to rejoin my wife of 4 years but I am concerned that if I try to enter the USA with my Canadian pass port and they see that I have a pending GREEN CARD they might not let me in. My wife was saying that I can wait in Canada until my Green Cards come to our address in the USA and she will mail it to me. I figure this will only work if the green card was approved before that date I left. Now I here about the AP status that I could get but as I said my health came first so I did not have the option to wait to do this and I needed to get this medical procedure done ASAP in Canada. We are unsure what to do should we wait for the green card and if it was approved before the date I left I can enter or even if was approved after the date I left can I use it to enter or should I just stay in Canada and we start the immigration process gain.

Any help on this would be great - one other thing I have never been out of status in the US.

Thanks

[Inky 1,111]

This is in the wrong section maybe a mod can move this.

But do your have your AP papers or is your EAD card the new EAD/AP card? Or did you just leave without AP? you may have abandoned your AOS/green card by leaving without advanced parole.

[Casprd 167]

Unless the green card was issued prior to your leaving the US then it looks like you will have to file for a waiver for re-entry. That may be your best bet rather than going through the whole process of a CR-1 again. The problem will be even if they send the GC to your wife, if the issue date is after you left then there will be some major headaches regarding the travelling without AP. Given the medical issue I think a waiver is a possibility, but by no means is it certain to be granted. I would look in to that first.

[rika60607 215]

What kind of visa did you use to come to the US the last time you crossed the border?

[Catt 6]

I am Canadian and my wife is American up to two week ago I was in the USA with her, My Green Card is pending and soon to be approved I have EAD card also. 3 weeks ago I was told by USA doctor that I might have a medical problem with my prostate however we did not have health insurance and I was not working got laid off, the doctor informed me to get the procedures done in the next few day I had no option but to leave and get treatment in my home country Canada. I will know at the end of July if all is OK so far all test is looking good. Now we have a issue I would like to rejoin my wife of 4 years but I am concerned that if I try to enter the USA with my Canadian pass port and they see that I have a pending GREEN CARD they might not let me in. My wife was saying that I can wait in Canada until my Green Cards come to our address in the USA and she will mail it to me. I figure this will only work if the green card was approved before that date I left. Now I here about the AP status that I could get but as I said my health came first so I did not have the option to wait to do this and I needed to get this medical procedure done ASAP in Canada. We are unsure what to do should we wait for the green card and if it was approved before the date I left I can enter or even if was approved after the date I left can I use it to enter or should I just stay in Canada and we start the immigration process gain.

Any help on this would be great - one other thing I have never been out of status in the US.

Thanks

Do you mean you are in the process of Removal of Conditions on your permanent residence status (you would already have a green card but your status would still be conditional - if you have filed the I-751, then your NOA1 would mention your permanent resident status has been extended for one year, and that traveling is permitted), or are you right now in the process of Adjustment of Status, from visa holder to permanent resident (you would not have a green card at all yet)?

If the latter is the case, then you have posted in the wrong Forum (this is the ROC Forum). In that case, whether or not you would have had to ask for AP would depend on the type of visa you initially entered the US with, if I am not mistaken. For example, a K1 visa only allows the visa holder to enter the country once, so AP would be necessary. A K3 visa (while it is valid of course) allows the holder to enter the country multiple times, so then AP would not be necessary.

The posters with the type of visa you had, or an experienced immigration attorney, should be able to give you more useful info.

[oabrown 0]

What kind of visa did you use to come to the US the last time you crossed the border?

As a Canadian I don't need Visa to enter the USA

[Deputy Purple 1,294]

You really haven't given a whole lot of information.

Did you apply for AP (Advanced Parole) with I-131 when you filed for AOS?

If the answer is no then you'll need to start over applying for a CR-1 Visa as your application to Adjust Status is considered abandoned if you leave the US without AP.

As a Canadian I don't need Visa to enter the USA

To immigrate you do!

[oabrown 0]

This is in the wrong section maybe a mod can move this.

But do your have your AP papers or is your EAD card the new EAD/AP card? Or did you just leave without AP? you may have abandoned your AOS/green card by leaving without advanced parole.

I have old EAD.

Unless the green card was issued prior to your leaving the US then it looks like you will have to file for a waiver for re-entry. That may be your best bet rather than going through the whole process of a CR-1 again. The problem will be even if they send the GC to your wife, if the issue date is after you left then there will be some major headaches regarding the travelling without AP. Given the medical issue I think a waiver is a possibility, but by no means is it certain to be granted. I would look in to that first.

How do I apply for a waiver and do you know how long it will take.

[Deputy Purple 1,294]

I have old EAD.

How do I apply for a waiver and do you know how long it will take.

But did you apply for (and receive approval of) Advanced Parole BEFORE leaving the US?

If no then you'll need a CR-1 Visa to enter the US legally as your Application to Adjust Status was abandoned when you left the US prior to being approved.

There is no waiver as waivers are for inadmissible persons and you are admissible just need the proper Visa to enter.

[Inky 1,111]

As a Canadian I don't need Visa to enter the USA

So you are AOSing from visitor status? and you left without AP/travel permission?

Sorry but your spouse will have to file for a CR-1, you abandoned your green card.

[Sergi9 110]

I am Canadian and my wife is American up to two week ago I was in the USA with her, My Green Card is pending and soon to be approved I have EAD card also. 3 weeks ago I was told by USA doctor that I might have a medical problem with my prostate however we did not have health insurance and I was not working got laid off, the doctor informed me to get the procedures done in the next few day I had no option but to leave and get treatment in my home country Canada. I will know at the end of July if all is OK so far all test is looking good. Now we have a issue I would like to rejoin my wife of 4 years but I am concerned that if I try to enter the USA with my Canadian pass port and they see that I have a pending GREEN CARD they might not let me in. My wife was saying that I can wait in Canada until my Green Cards come to our address in the USA and she will mail it to me. I figure this will only work if the green card was approved before that date I left. Now I here about the AP status that I could get but as I said my health came first so I did not have the option to wait to do this and I needed to get this medical procedure done ASAP in Canada. We are unsure what to do should we wait for the green card and if it was approved before the date I left I can enter or even if was approved after the date I left can I use it to enter or should I just stay in Canada and we start the immigration process gain.

Any help on this would be great - one other thing I have never been out of status in the US.

Thanks

You haven't been out of status and its only been a couple weeks, my guess is if you get copies of your medical records, go to the border and if questioned explain the situation they more than likely will let you back in. The key is ENTRY WITH INSPECTION. If they let you in, you can figure it out on this side without going through that mess again.

[Kathryn41 3,205]

Topic has been moved from Removal of Conditions Forum to Working and Travelling During US Immigration forum

[Kathryn41 3,205]

You haven't been out of status and its only been a couple weeks, my guess is if you get copies of your medical records, go to the border and if questioned explain the situation they more than likely will let you back in. The key is ENTRY WITH INSPECTION. If they let you in, you can figure it out on this side without going through that mess again.

I am sorry but this is not useful information. As a visitor in the US who married a US citizen and then applied to obtain Permanent Residency status you had to remain in the US until one of two things happened: you either received a travel document known as Advance Parole or you received your green card. If you leave the US while your application is still under consideration and do not have an AP, then you are considered to have abandoned the AOS process. It doesn't matter about getting a waiver or re-entering the US. You can only re-enter as a visitor. You cannot stay in the US. (if you entered on an employment visa some do allow travel - it would depend if your employment visa was still valid and allowed for re-entry if you would be able to use it to return.)

You are also not allowed to apply to become a permanent resident from within the US anymore because you do have immigrant intent. USCIS looks very harshly at individuals who enter the US as a visitor with the intent to immigrate. It is called visa fraud and can lead to a lifetime ban on ever entering the US.

I am sorry that your health situations required a return to Canada for treatment. If you had proof of your medical condition you could have received an emergency Advance Parole within a few days which would have allowed you to return to the US after treatment. Since you left the US without the Advance Parole and without the green card your only legal recourse now to return to the US is for your wife to sponsor you for a CR-1 spousal visa.

Once a Canadian immigrates the special relationship Canadians have with the US border no longer exists. We are obligated to follow exactly the same immigration process as everyone else in the World.

The good news is that you have been able to get treatment and are on the road back to good health. Your return to the US will take a little longer than you anticipated - about a year - but there are many here who are going through the same process and you can take advantage of their expertise during that process. The first thing that needs to happen is for your wife to file the I-130 petition along with all of the supporting documents. You both will have a lot of reading ahead of you but at least you have the opportunity now. I'm glad your operation was a success.

Edited July 11, 2011 by Kathryn41

[Kathryn41 3,205]

One additional question - you suspect your green card may have been approved already? When did you apply for it? Have you and your wife had your interview yet with USCIS? If the green card does end up being approved without an interview before you left for Canada, then yes you could have it sent to you and use it to return. I would not put a lot of hope on this option, however. Green cards usually require an interview unless you entered the US as a K-1 visa fiancee, and if you had been approved before you left Canada you would probably have known by now. It is an outside possibility, though.

[rika60607 215]

How long were you in the US after you applied for AOS? Is it possible that new EAD was approved BEFORE you left the US and was already sent to your US address? If yes, have your wife send the new EAD (it serves as AP, too) to Canada, you may be able to re-enter with that.

I have old EAD.