Car issues - I am SO frustrated and desperate. (merged)

[Adequate Canadian 6]

I'm in desperate need of advice.

Here's my story; so I think my Lawyer screwed up my Immigration case.
​She informed me that it would only take 3-4 months for my Green card to be approved. She said we didn't even need to bother with Advanced Parole Or getting my SSN/Eligibility to work because it would be THAT fast, obviously this is not the case anymore and I'm still without a car.

My husband and I live in WNY (Buffalo area) my car is on the other side of the border in Canada, Ontario (An hour a part from each other.)
​For the past several months I have been throwing money away to insurance for a car I can't even use and to be honest I am sick of it.

If we were to provide a notarized letter that grants permission to, for example, my mother-in-law to bring it across the border could this cause issues with my application for adjustment of status?

Please note it would not be brought across to be imported at this point in time. I would import it later on when I got my green card.. Since my case is still pending, I'd drive it up until the point where my Green Card was finally approved, I would then not drive it until I got my US SSN/WNY Driver's license.

Would this affect my case in anyway if someone else brought in my vehicle (NOT importing at the time)? When we spoke with a USCIS agent at our local office for an InfoPass appointment they advised that we cannot import it without causing our application to be rejected - but were vague about the idea of a friend/family member bringing it across WITHOUT importing.

Once again, I do not have my Advanced Parole/SSN forms filled out because the lawyer said I didn't need it..
​We're 5 months into our application process.. It can take about another 7 months for my Green card to be approved- the AP/EAD forms take about 3 months to process and we would really like a faster alternate option. But, if we had to go through this process just to bring my car over (which I don't personally understand what the difference would be between me or a person I gave consent to bring my vehicle across the border would be) then we would, but it's something we would like to leave as a last resort.

​ANY advice would be greatly, greatly appreciated.

​Thank-you.

[Ryan H 3,812]

***Duplicate thread removed; please do not start multiple threads on the same topic.***

**Moderator hat off**

Did that USCIS person give you any specific reasons as to why importing the car might cause issues with your AOS case? If not, then seems to me they didn't know what they were talking about.

Your MIL driving your car with your permission shouldn't be an issue either. You may want to ask CBP instead of USCIS though; USCIS isn't the agency to talk to in regards to border control procedures and that includes importing cars.

[Adequate Canadian 6]

***Duplicate thread removed; please do not start multiple threads on the same topic.***

**Moderator hat off**

Did that USCIS person give you any specific reasons as to why importing the car might cause issues with your AOS case? If not, then seems to me they didn't know what they were talking about.

Your MIL driving your car with your permission shouldn't be an issue either. You may want to ask CBP instead of USCIS though; USCIS isn't the agency to talk to in regards to border control procedures and that includes importing cars.

She specifically stated that my Application would be rejected if I (The beneficiary) went to go get it as I do not have Advanced Parole. We asked what if a friend brought it over and she was kind of vague and didn't really say anything.

The thing is, we're not talking about importing a vehicle at this juncture. She would bring it over from Canada to the States (with my permission) and at a later time (when I got my Green card approved) we would then import it at a nearest Port of Entry. By bringing the car into the states without importing it, would THAT effect my case in any way?

Also, sorry about the double post - I'm just at my wit's end right now and panicking. ;(

[NigeriaorBust 4,087]

Do you have the compliance letter ready for the car ?

[Adequate Canadian 6]

Do you have the compliance letter ready for the car ?

Not at this time due to the fact that we would not be importing the car when she brings it across the border. We would be importing it several months down the line.

[Harpa Timsah 13,258]

You cannot leave the country without Advance Parole or Greencard. Your lawyer was stupid.

You can apply for AP and your EAD now, if you want. It would guarantee that you get freedom of movement within 90 days.

Car issue is something for CBP (Customs and Border Patrol). Call them and ask if a family member can bring the car. But you can't drive the car anyway without a DL. Don't go to Canada to get the car or you will forfeit your application.

[Adequate Canadian 6]

You cannot leave the country without Advance Parole or Greencard. Your lawyer was stupid.

You can apply for AP and your EAD now, if you want. It would guarantee that you get freedom of movement within 90 days.

Car issue is something for CBP (Customs and Border Patrol). Call them and ask if a family member can bring the car. But you can't drive the car anyway without a DL. Don't go to Canada to get the car or you will forfeit your application.

I understand the whole thing about not leaving the country as it will decline my application, that is where my MIL comes in, she would pick up the car in Canada for me and bring it across the US border so I wouldn't have to leave.

Am I unable to drive my car or any vehicle for that matter with my Canadian license until my Green Card gets approved? (As my status is just pending I figured my Canadian license would still be valid, it doesn't expire until 2019.)

Yep, she seems pretty stupid..sigh.

[Adequate Canadian 6]

Sigh, I went to the DMV website and I think I need to do the AP/EAD route, my lawyer really f'd me.

[aratamorne 165]

Your license from Canada is perfectly valid until you have the means to obtain a US Drivers license. You don't even need your own car, you could drive your husbands or a family members. The fact you are paying for insurance means you are most likely covered to drive other vehicles besides your own. I think the idea of send your MiL is fine, but as others have said it is a CBP question, not USCIS. No reason it should affect your status at all. If nothing else it shows your intent to stay in the US.

Good Luck

[Lemonslice 4,852]

So, your profile says K1, and I'm not sure I understand... Why didn't you import your car when you activated your visa?

Hope you'll get your documents soon ( AP, EAD, or green card).

[Adequate Canadian 6]

Your license from Canada is perfectly valid until you have the means to obtain a US Drivers license. You don't even need your own car, you could drive your husbands or a family members. The fact you are paying for insurance means you are most likely covered to drive other vehicles besides your own. I think the idea of send your MiL is fine, but as others have said it is a CBP question, not USCIS. No reason it should affect your status at all. If nothing else it shows your intent to stay in the US.

Good Luck

Hey, thank-you..

However, I was reading on the DMV for my State and it said the following:

What if I become a resident of New York State?

If you become a New York State resident, you must get a New York State driver license within 30 days. If you have a valid driver license issued by another U.S. state or territory, federal district or Canadian province, you may be eligible to exchange it for a New York driver license (see Exchange an out-of-state license).

If your license was issued outside the U.S. or Canada, you must apply for a new original NYS driver license at a DMV office (see Get a driver license).

Definition of "Resident"

Section 250 (5) of the NYS Vehicle and Traffic Law says:

As used in this section, the term "resident" shall mean domiciliary, that is, one who lives in this state with the intention of making it a fixed and permanent abode. It shall be presumptive evidence that a person who maintains a place of abode in this state for a period of at least ninety days is a resident of this state.

To live in a house, a home, an apartment, a room or other similar place in New York State for 90 days is considered "presumptive evidence" that you are a resident of New York State. A police officer can use this as evidence to issue a traffic ticket if you drive in New York State without a New York State driver license or vehicle registration.

A judge considers the law and the evidence of your intent and decides if you are a resident of New York State. If you pay taxes or your children attend school in another state, a judge considers these facts to decide if your intent is to make New York a "fixed and permanent" residence. According to this law, students from other states or from other nations who attend school in New York State are usually not considered residents of New York. DMV does not decide if you are a resident of New York State, if you must get a NYS driver license, or if you must register your vehicle in New York State.

***So, I have been here since March 21st, 2016.. Way over 90 days. Should I not bother with Advanced Parole and just apply for an SSN with the EAD form?***

I don't need to leave the States, so I really don't need to sign up for the Advanced Parole aspect.

[Adequate Canadian 6]

So, your profile says K1, and I'm not sure I understand... Why didn't you import your car when you activated your visa?

Hope you'll get your documents soon ( AP, EAD, or green card).

I haven't gotten the chance to properly update my VJ profile, for that I apologize.

We withdrew from the K1 Visa.

Pretty much what happened was, the day after I arrived to the states as a Visitor my parents kicked me out without notice.

We were planning on getting married as we filed for the K1 anyway, but I had no where to go.

So we withdrew from the Fiance Visa and I got married to my husband on April 8th and I am staying in the States with him, adjusting my status.

I did not bring my car with me that night because I was too emotional to drive, my husband took me back to his residence in his car, to the States.

Hope that clears things up.

We don't have AP/EAD due to the fact that my Lawyer insisted that we wouldn't need it, sigh.

[aratamorne 165]

I would not be concerned about a 30 residency to update your drivers license when you have not finished AoS. You can't be a resident if you don't have a green card. Plus, living a stones throw away from the border, any police officer that pulls you over will be used to seeing a Canadian drivers license. Once you get the green card, you have 30 days, but not yet.

[Lemonslice 4,852]

Sorry to hear that, but happy you're safe and loved now.

I have put my car into storage before (in Canada), and the insurance rate was much lower. Maybe something to look into if it's not possible to have your mother in law drive it to you.

[Jojo92122 1,924]

There are 12 million people from foreign countries who are US residents without green cards.

One does not need to have a green card to be a resident.

Her decision to make the state her permanent home without the intent to leave makes her a resident.

You wouldn't tell the 12 million that they can drive on their foreign licenses until they get green cards.

Edited October 5, 2016 by Jojo92122