Abandoned US while waiting for PR

[Iris M 105]

Hi all,

 

I abandoned the US while my AOS was pending (EAD/AP included), and I'm looking for a general idea of how I would be treated at with immigration/border patrol if I wanted to make a trip to the US for a day (Toronto to Buffalo road trip).

 

I left the US at the end of July, and I have sent a letter to USCIS requesting a cancellation of my AOS application. I haven't seeked a divorce, as I don't know what my estranged husband would like to do in terms of reconciling or divorcing. I am not looking to immigrate to the US anytime soon (or ever if we don't reconcile), but traveling (to see my ailing Grandma) is on my mind.

 

Has anyone experienced any issues with any similar situation?

[Crazy Cat 41,886]

I'd say that there is reasonable cause to suspect you have immigrant intent.....but no one knows what the CBP officer will do until you attempt entry.

[Iris M 105]

1 minute ago, missileman said:

I'd say that there is reasonable cause to suspect you have immigrant intent.....but no one knows what the CBP officer will do until you attempt entry.

 

I have planned on attempting it, but if I will be arrested/detained, of course I don't want to run that risk.

 

I've heard that this could be the case for a few years. What is a few years? 2 years?

[Crazy Cat 41,886]

1 minute ago, Jr, Iris & Jay said:

 

I have planned on attempting it, but if I will be arrested/detained, of course I don't want to run that risk.

 

I've heard that this could be the case for a few years. What is a few years? 2 years?

Detained?  Arrested?  Who would arrest you?  The Canadians?   You would simply be denied entry.......but it would go on your permanent record.

[geowrian 22,337]

No way to know without trying. Canadians generally have it pretty easy, but a recent AOS filing is also a pretty strong negative. How do they know you aren't reconciling and then will stay? Tough argument.

 

If flying, go through an airport with pre-clearance just in case.

[aaron2020 11,651]

You will not know until you try to cross.

You will not be arrested or detained.  They would simply turn you away.

 

Here's the rub.  USCIS will likely presume that you are attempting to enter the US to start a new AOS with your USC husband.  The burden will be on you to show strong ties to Canada to overcome this presumption.

As long as you have a USC husband, then you have a strong tie to the US.  

Nobody can tell you when you would be okay to enter the US.  There is no set time.   

[Iris M 105]

1 hour ago, aaron2020 said:

You will not know until you try to cross.

You will not be arrested or detained.  They would simply turn you away.

 

Here's the rub.  USCIS will likely presume that you are attempting to enter the US to start a new AOS with your USC husband.  The burden will be on you to show strong ties to Canada to overcome this presumption.

As long as you have a USC husband, then you have a strong tie to the US.  

Nobody can tell you when you would be okay to enter the US.  There is no set time.   

Makes sense - thanks @aaron2020

[Iris M 105]

UPDATE:

 

I crossed the Canada US border by land (through Buffalo, NY) with no issues.

 

CBP asked timeline of stay, and what was the purpose of the trip. I am filing for a divorce from my ex this week. Not looking to reconcile, or immigrate to the States.

 

I hope I do not experience any additional issues when trying to enter to the states, but who knows. BP can be unpredictable.

 

Thanks.

[TBoneTX 45,305]

Thanks for returning with your update.