Come go back OR come and stay?!?!

[sapa_uscan 0]

ALSO MADE A POSTING ON THE "Bringing Family Members of US Citizens to America" LOCATED AT http://www.visajourney.com/forums/topic/253284-come-go-back-or-come-and-stay/

My parents got their visas and will be coming (from Canada) to USA next week. The question I have is that once they come (and go through their immigration at POE), can they stay here for about 3-4 weeks and then go back to Canada and 'wrap' up their personal stuff and then make the move for good?

Also, if they can come and stay for about 3-4 weeks and go back, how soon do they need to be back in USA before they jeopardise their visas/immigration?

Is this something they can do? Or do they have to come and stay at least for 6 months before they can go back to 'wrap' up their personal belongings and then move?

I am little bit confused and not sure what my parents should tell the immigration officers if they ask during their POE process.

I have tried to search for answers but could not find this one!

HELP!!

Edited April 23, 2010 by sapa_uscan

[Allie 5]

When I entered I applied for Advance Parole Document I think it was I-131 just in case I needed to go back to Canada in an emergencey

Without AP unless the rules have changed I don't think one can leave the US for 2 yrs while thier AOS is taking place.

[trailmix 77]

When I entered I applied for Advance Parole Document I think it was I-131 just in case I needed to go back to Canada in an emergencey

Without AP unless the rules have changed I don't think one can leave the US for 2 yrs while thier AOS is taking place.

Oh Allie, i'm not sure where you go that information from, but it's way off the mark.

Ok so for your parent's Sapa - they have an IR5 visa correct? What that means is that they become U.S. permanent residents once they cross the border - so that is all good. I assume they want to stay long enough to get their green cards and maybe even their SSNs - then go back to Canada to wrap up stuff.

There is nothing wrong with that plan - as long as they don't stay out of the U.S. for months and months.

If you want the technical details of how long they can stay out of the country - that is here:

http://travel.state.gov/visa/immigrants/info/info_1333.html

However, with all things to do with U.S. immigration - those same rules may be subject to the opinion of the border guard on the day. If they enter the U.S. for 3 weeks and pick up their green cards and then leave for 6 months - i'm not sure if they would have extra questioning.

As for what they should say at their POE if asked - i'm not sure what to answer to that - what do you think they might be asked?

Edited April 23, 2010 by trailmix