Travelling to Canada with AP

[belinda63 3,047]

If your AOS is denied or withdrawn your AP is no good. You will be given 30 days to depart the US or deportation proceedings will begin. Leaving the US and re-entering with AP makes no change to this even if you do it while your AOS is still pending. Once the AOS is stopped you have 30 days to leave.

[JFH 12,191]

Has the marriage ended? I don’t see what advantage would be gained from switching from marriage-based AOS to employment based? Marriage-based will give you full employment rights, you can work for whomever you wish, where you wish (with the exception of a few federal roles that require the holder to be a USC), and gives you unlimited authorized stay whilst the application is in progress. Employment-based has many hurdles on the part of the employer. And doesn’t have the “luxury” of unlimited authorized stay during the process. Are you currently working for the employer in question on an EAD? 

[Lemonslice 4,989]

28 minutes ago, JFH said:

Has the marriage ended? I don’t see what advantage would be gained from switching from marriage-based AOS to employment based? Marriage-based will give you full employment rights, you can work for whomever you wish, where you wish (with the exception of a few federal roles that require the holder to be a USC), and gives you unlimited authorized stay whilst the application is in progress. Employment-based has many hurdles on the part of the employer. And doesn’t have the “luxury” of unlimited authorized stay during the process. Are you currently working for the employer in question on an EAD? 

Posting history explains the why. While married, it's not clear that the USC will ever be able to sponsor a family member.

[Ash.1101 1,756]

22 minutes ago, Lemonslice said:

Posting history explains the why. While married, it's not clear that the USC will ever be able to sponsor a family member.

I mean but at the end of the day, can the OP just ride in the US on an employment visa forever? I already saw that the OP's  USC husband can't move to their country based on character, but maybe they can find a third country to move too..

That and ignoring the part where the OP is trying to wash their potential overstay, but does the OP have a specialized skill and someone who is willing to sponsor them for an employment visa.



Also I'm confused on the big emphasis of AP.


AP simply allows you to return to the US, and AP is only valid while there is an application in their system. Are you saying you're going to keep an application in the system, so your AP is valid and you can return to the country while you await en employment visa?

The second you pull your application, your AP is invalid. If you're out of the US when you do this, you won't be coming back in, and if you're in the US when you do this, you're subject to being deported.



We need honest facts here, no one can help you if you don't give the details of your plan.

Edited April 21, 2019 by Ash.1101

[SRNCR 6]

I've already stated the marriage isn't over and I wont be pulling it (if at all) until I'm back in the country at the same time that the i-140 is lodged etc. I will say that at this stage there has been no actual concern or flags raised in the case. I am just looking at options in case something does pop up in the future. At this point I have not technically overstayed, in fact I don't have a single day of unlawful presence in the country. It's just that unlawful presence and lawful status are two different things. 

 

Yes I meet the prerequisites for the employment based green card at an EB2 or EB3 level and yes I have a prospective employer willing to sponsor me. 

 

My plan is, as stated, to potentially pull my family based petition and wanted to know if I try to clear the lawful status issue by leaving and returning to/from Canada on my AP BEFORE I pull the petition, whether that would solve the issue, though I think the previous comments are correct in that it doesn't issue a new non-immigrant status, even though technically you are being admitted under INA 212(5)(d) and technically your status is DE/ DA. 

[SRNCR 6]

Oh, and yes, technically, if I were to receive an NOID, my EAD/ AP would still be continually renewed. Then if I were to be denied with the family based application, there's nothing stopping me from continuing to lodge petitions 

[Crazy Cat 42,545]

self delete

Edited April 21, 2019 by missileman

[SRNCR 6]

Just now, missileman said:

AP?

The advanced parole document

[Crazy Cat 42,545]

Just now, SRNCR said:

The advanced parole document

I know what it is....I initially thought you meant automatically renewed/extended.......which I don't think is accurate for AP........Thanks.

[SRNCR 6]

Just now, missileman said:

I know what it is....I initially thought you meant automatically renewed/extended.......which I don't think is accurate for AP........Thanks.

Not automatically, no. I'll have to renew like everyone else 6 months before the expiry

[belinda63 3,047]

You can only renew the AP as long as there is a pending AOS. Once the AOS is denied your AP becomes invalid. True you can repeatedly file AOS which gives you a new authorized period of stay and new AP but that will become expensive very quickly and you will also have to have a new medical every time. 

[SRNCR 6]

46 minutes ago, belinda63 said:

You can only renew the AP as long as there is a pending AOS. Once the AOS is denied your AP becomes invalid. True you can repeatedly file AOS which gives you a new authorized period of stay and new AP but that will become expensive very quickly and you will also have to have a new medical every time. 

Yes I know. Thank you. 

 

These types of issues take around 4 or 5 years to deny so it wont be a one per year situation and by the time it gets to a point where I've lodged a couple of times it's likely we could live in my country. Medicals are only required with an interview and this wouldnt proceed to interview status so that's not a concern. 

Edited April 21, 2019 by SRNCR

[Ash.1101 1,756]

15 minutes ago, SRNCR said:

Yes I know. Thank you. 

 

These types of issues take around 4 or 5 years to deny so it wont be a one per year situation and by the time it gets to a point where I've lodged a couple of times it's likely we could live in my country. Medicals are only required with an interview and this wouldnt proceed to interview status so that's not a concern. 

I believe not having medical included in the packet would result in an RFE which would happen much sooner than the interview. Do you plan on responding to every RFE or do you plan on letting it just die out?


Note: I think you're going to have a lot of questions out of curiosity. You don't see many people, if any at all, that are doing what you are doing.

Edited April 21, 2019 by Ash.1101

[Lemonslice 4,989]

15 minutes ago, SRNCR said:

Yes I know. Thank you. 

 

These types of issues take around 4 or 5 years to deny so it wont be a one per year situation and by the time it gets to a point where I've lodged a couple of times it's likely we could live in my country. Medicals are only required with an interview and this wouldnt proceed to interview status so that's not a concern. 

Why not move to your country sooner then? That would seem like an easier/logical solution...

[SRNCR 6]

7 minutes ago, Ash.1101 said:

I believe not having medical included in the packet would result in an RFE which would happen much sooner than the interview. Do you plan on responding to every RFE or do you plan on letting it just die out?


Note: I think you're going to have a lot of questions out of curiosity. You don't see many people, if any at all, that are doing what you are doing.

No that's not correct. For example, I didnt send it (and most people don't) with my packet. The i485 is checked before issuing EAD AND my case is ready to be scheduled for an interview. They just send a courtesy letter reminding you to bring it to the interview. Most of the time AOS takes more than 1 year and if you lodged before the new 2 year rules came into place you'd be in a situation where you'd have to do the medical a second time if you submitted it with the packet. Hopefully you're not in that situation now!

 

5 minutes ago, Lemonslice said:

Why not move to your country sooner then? That would seem like an easier/logical solution...

 Have to allow at least 10 years from last offense (which will be 2025). Even though offense which MAY cause a problem was 10 years ago they take it off the last offense, even though it's just a misdemeanor it counts. 

Edited April 21, 2019 by SRNCR