Leaving the U.S. while green card is processing

[G.AH. 0]

I'm Canadian with an American wife. Due to employment for my wife the decision was made to live in the U.S. Currently we live apart but I visit her every few weeks.

I work as a live sound engineer (work in Australia and Europe mostly) which is a great living and currently support us financially.

We met with a US immigration lawyer to start my green card process but I was told that if I apply within the US, I can't leave the US while it's processing due to forfeiting the paperwork. And that advanced parole doesn't excuse me for leaving every couple weeks for employment.

He also said that if I apply from Canada, I'm unable to keep visiting my wife every couple weeks while it's processing.

Apply within Canada: live apart from my wife for 4-12 months and be unable to visit the US

Apply within the US: Quit my job that supports us.

It seems there MUST be another way. Is he correct? Am I doomed?

Thanks in advance for all the helpful advice!

Cheers!

[NikLR 13,231]

You can still visit while your petition etc is processing. Bring proof of your ties to Canada (letter from employer, lease/rent agreements etc...)

[NikLR 13,231]

also it's good to note that it's visa fraud to visit the USA with the intent to immigrate.

[pushbrk 13,043]

I'm Canadian with an American wife. Due to employment for my wife the decision was made to live in the U.S. Currently we live apart but I visit her every few weeks.

I work as a live sound engineer (work in Australia and Europe mostly) which is a great living and currently support us financially.

We met with a US immigration lawyer to start my green card process but I was told that if I apply within the US, I can't leave the US while it's processing due to forfeiting the paperwork. And that advanced parole doesn't excuse me for leaving every couple weeks for employment.

He also said that if I apply from Canada, I'm unable to keep visiting my wife every couple weeks while it's processing.

Apply within Canada: live apart from my wife for 4-12 months and be unable to visit the US

Apply within the US: Quit my job that supports us.

It seems there MUST be another way. Is he correct? Am I doomed?

Thanks in advance for all the helpful advice!

Cheers!

Yes, there's another way. First, don't use this lawyer. You do not lose your Canada Visitor privileges during the visa process. However, the first part is right. You need a visa, not an adjustment of status, because you do need to travel internationally for your job.

[mtlguy 59]

The short answer to your question: fire the lawyer!

now to the details:

1 - filing in the US will be nothing short of fraud. if the lawyer suggested that, I'd make sure he needs to lose his license.

2 - filing from Canada is the way to go. and yes, you'd be able to visit your wife freely. just remember to be HONEST with the folks at the border if they ask you about your intention.

I have visited the States a few times through this process with no questions asked. as others have pointed out, make sure you carry with you enough proofs that tie you back to Canada.

whatever you do, though, save yourself the money and fire the lawyer.

good luck.

[G.AH. 0]

Thank you ALL for your good advice. I suppose I need a new lawyer then. Filing from Canada will most certainly be my route.

Thanks again for putting my mind at ease

Cheers!

[mtlguy 59]

Thank you ALL for your good advice. I suppose I need a new lawyer then. Filing from Canada will most certainly be my route.

Thanks again for putting my mind at ease

Cheers!

Actually you don't need a lawyer. As I can see, you can read and write English just fine. The material on this site is detailed enough to have anyone go through this process on their own. I suggest hiring a competent lawyer only if you had prior immigration law infractions and you needed to argue your case in an immigration court.

if not, save yourself the money and do it on your own.

[G.AH. 0]

I have no prior immigration infractions/criminal records, and I am quite proficient in reading and writing English. As well, I would be overjoyed to NOT have to pay a lawyer (particularly if they fish out such horrid advice to me) so thank you very much for this tip.

You guys are great!

[pushbrk 13,043]

A lawyer is not "required". Whether YOU would be well advised to "do it yourself" involves more than an assessment of your reading and writing ability. Many members here who know nothing at all about your aptitude, attitude, priorities or time available (among other things) are far too fast to dish out "advice" that's generic rather than "for you" based on your circumstances. In my mind, that's worse than the advice you got from the lawyer. I take the lawyer's advice as nothing more than a (lazy) belt and suspenders approach and covering their bases. It's possible you'll be denied entry when visiting, so some just tell you not to do it or that you can't. It's not accurate, but it's also possible they'll end up being right.