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Topic: painful situation
My heart pains as I write this.
We got Canadian PR and were given 6months to land, while our gc (I485) was pending. Since we were uncertain of our gc's approval or not, we Waited till the last days to land in canada, upon coming back to US , we werent let in at the border !! they revoked our 485, took our AP and fingerprints and were told to apply US visa. Applied for H1B visa in Vancouver, with all the right documents, but with the border fiasco in their computers ,we now have to await clearance !! (I dont know what that means). A one day drive to/from canada has turned into a nightmare, we're in canada, stuck, my whole family...school,work, apartment all on hold in US.
Anyone knows whats gonna happen to us? any ideas? can we re-start the gc journey after years...
should we say goodbye to US forever ?
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That was real strange. My colleague just went to Canada at naigara falls by Road ( last week) and came back to US on AP with out any issues. I heard so many others as well did the samething with out any issues ( canada forum).. Sorry to hear about your situation.
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the immigration officer was mad as to why we would be PR of 2 different countries, (even though the US application was pending), she argued with every reason she could find,-- , (like if I was coming back to US the same day, why did I carry an extra pair of clothes for the kids)..she was very mean.
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I feel sorry for you
I hope that everything will end up okey.
I wish you all the best for you and your family
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Sorry for u...
The problem is ..U BECAME PERM RESIDENT IN CANDA.So now u need to have US visa to enter, All rules related Canda people will also apply to u. Did u mention in ur AP that u visit canda at all? Instead of AP, U could have used H1 if u have.
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The problem is ..U BECAME PERM RESIDENT IN CANDA.So now u need to have US visa to enter, All rules related Canda people will also apply to u. Did u mention in ur AP that u visit canda at all? Instead of AP, U could have used H1 if u have.
I dont think this is correct. It all depends on the IO. I know some people who did this on AP. |
so, if they revoked our I485 under these circumstances, is there any hope for us in the US, applying for gc again?
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I'm sorry to learn your situation. Perhaps you've done already but I would suggest you to call your lawyer who assisted filing the I-485. The immigration control officer should not have revoked I-485 just because of the Canadian PR. It looks to me that it's an abuse of the power.
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How can u hold two perm residencies in Two countries, Citizenship is another country? Possible? There is column in AP that ask for countries to be visited...
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How did the immigration officer find out that you got Canadian PR?
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How did they find out you were in Canada to claim PR? I don't think there's anything in the law that prohibits you from being PR of another country while applying for 485. Sounds like abuse to me... Get a good lawyer and sue...
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I think the misstake you did was to let the IO know that you were a Canadian PR. I know people who have done this, but they have been very carefull not to let it show in anyway that they are Canadian PRs, because as was said earlier you cannot be a PR in two countries at the same time. Even with an approved GC, becomming a Canadian PR would void the GC if they find out.
As with all legal problem, there often is a way out. I don't think it can be found on Trackitt though, but through a good immigration attorney!
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I think there is hope... you did not commit any felony, or did anything that would make you ineligible for a GC. The most that could happen, in my opinion, is that your future application will be under greater scrutiny. The problem is that now you need to find a way to get back in the US.
so, if they revoked our I485 under these circumstances, is there any hope for us in the US, applying for gc again?
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I think this was a mistake, you should contact the lawyer they can have ur case re-opened again, i dont think you would need to apply again. Hope everything goes well for you.
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I think there is hope... you did not commit any felony, or did anything that would make you ineligible for a GC. The most that could happen, in my opinion, is that your future application will be under greater scrutiny. The problem is that now you need to find a way to get back in the US.
so, if they revoked our I485 under these circumstances, is there any hope for us in the US, applying for gc again?
I dont think the issue is about having multiple permanent residency.
I think the issue might be intent. If you could argue that the Canadian PR was applied for before US PR then your intent was always to take US PR. I dont know if that is the case?
I think IOs at the border have the discretion to determine intent of any traveller to the US and accordingly determine that a person with AP doesnt have intent of adjusting status. Especially with a trip to Canada to just to gain Canadian PR. However, I am sure lawyers can argue that taking Canadian PR is not intent that they dont want US PR, just intent that they want to get Canadian PR.
Its the same situation when PRs stay abroad for longer than 6 months, on return you need to prove intent that you want to live in the US or apply for a Re-entry permit before you leave. I think AOS is potentially considered as almost green card, pending visa availability so the rule of intent might have been applied. |
I think littlegreenman might be on to something. Moving to an other country to live there permanently (i.e. apply for PR status there) would void a pending I-485 and even a GC. (Its clearly stated with the info you get with the GC.) BUT moving to another country to live there permanently does NOT make you ineligble to apply for I-485 if you decide to move back, since it is no crime to move to another country. Unless there is an even better way that a lawyer would know about, I guess you would be able to file a new I-485 using the same I-140 as soon as you "move back", but that is just a guess.
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I think, MTR helps to barrow some time but they will also raise flag. They can only enter on H1 if they have and not used EAD prior going into Canada PR.
They should have lived in Canada until 485 approved or get plastic while work on H1(if not voided by using EAD) and then cancel candaian PR to enter into US.
They should have keep their attorney know before go to Canada PR or take attorney's suggetion.
Candadian perm residents/Citizens has to get H1/T1 under NAFTA for working in US. AP is basically for travelling to home country if required during AO, I don't think it is for going to other countries for PR purpose.
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I think, MTR helps to barrow some time but they will also raise flag. They can only enter on H1 if they have and not used EAD prior going into Canada PR.
That is not correct. By using AP and/or EAD they lose H1B status, but the visa stamp, if they have one, is still valid and so is the underlying petition making it possible to get a stamp if they don't have one. By entering the US on H1B visa, they will retain their H1B status. (And if they use AP and/or EAD again, they will lose the H1B status again.)
As of intent, gaining PR in a foreign country after the I-485 is filed, as they did when they went to Canada, will be seen as intent to move permanently to another country. That was what they told the Candian immigration when went there! If you are already a PR of Canada, and then decide to move to the US that is a different thing. But as I said before, a lawyer will know how to handle this, and I think there is a good chance to at least re-apply after they "move back". |
i dont think IO rejected due to Canadian PR card. defiantly there is something else.
however,
if the reason is Canadian PR then contact US Consulate in Ottawa and tell them details with proper documents. Definatly they will help you
tks,
Shanta
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if the reason is Canadian PR then contact US Consulate in Ottawa and tell them details with proper documents. Definatly they will help you
That might be a way, but I would recommend strongly against it without first getting professional legal advice from an immigration attorney!!! |
I know a case were the individual was given a choice to keep one
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it was happend with me last four years ago.i had valid H1B status but i didnt have H1b visa. IO rejected me to get in USA. i told them the 30 Days revalidation law but they didnt hear anything.after that i called Homeland security, Buffalo and got the permission to get in.
some stupit IO doesnt know Immigration Law.
Did you talk with any supervisor? /i mean Senior IO????
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May be they can get an attorney to call Homland Security as u did in ur case. I think, As they already panic and freaked out, Attorney is better choice to have for further actions.
Good suggetion for them Shanta.
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if the person has two green card then they can give you a choice. Last time when I was traveling from Canada to USA, i saw a case. IO gave six months time to take decision to keep one card.
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Faama,
Sorry for your situation. I suggest you get legal advice from a proficient lawyer. Probably taking up with the Ottawa or Toronto consulates would be a good idea.
I do believe that have having two PRs is a problem. But you never had two. You can always argue that once you get GC, you would have left Canadian PR. I suggest you to talk to an attorney soon.
Best wishes,
Sarvesh.
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faama,
they cant revoke your I-485 and I-131 on this ground.So contact Ottawa Consulate/ Homeland Security, Buffalo as soon as possible. Do it by lawyer or Youerself but dont waste your time.
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I agree with everyone else - this was a mistake. They cannot revoke your I-485 nor deny entry on AP because you became a Canadian PR.
Let us know what your lawyer's plan of action is.
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DEFINITELY THE AUTHOR BEHAVIOR IS VERY SUSOICIOS. Even I can see it. They have waited until the last day of their PR status allowed time frame to land in Canada. But indeed had a well-establish life in the US and very few personal beloges that they were bringing with them. People who immigrate and finally land usually have more than 2 change items for kids.
What was even a reason to go to Canada for 1 day. You could think that as soon as you land within 6 months they will give you a Canadian PR status. But both immigrations are very carefule those days. Of course after you have a PR landing status within 180 days and do it on the last day with no many personal items it may look stratge to everyone.
I understand you wanted the US residency. I would guess if Canadian one was no granted and you never applied to it it would be NO problem. Travel to canada for 1 day within the last day of your perspective Canadian residency because you just need to land there is at least starnge.
AP dpesn't garranty admission to the US. If they smell dead fish they can turn you dwon. In this case there definitely was some dead fish going on.
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Candadian perm residents/Citizens has to get H1/T1 under NAFTA for working in US.
FYI, TN-1 (which is what I believe you meant), is not available to Canadian Landed Immigrants (PRs). Only to Canadian Citizens. There is also no dual intent for TN holders. |
This is one of the case an example for all of us to be careful while traveling on AP. Attorney's usually warn beneficiaries to inform them if any travel plans on AP. True, Immigration officers won't get mad just becoz of having PR in Canada. They definitely provide guidance, if any confusion.
Having immigration knowledge is good but shouldn't ignore attorney to kep in communication on this kind of things or travel related especially.
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As Mr Vulcan pointed out, there is only ONE SINGLE COURSE OF ACTION FOR YOU.
Speak to an attorney ASAP. People here telling you that they can't prevent re-entry due to this or that are full of crap. Border guards DO have descretion when determining who to let in. They are not permitted to deny someone on grounds of race, color, etc, but they can if they suspect behaviour is consistent with abandonment.
You may be able to get over this hurdle, but don't take anyone's word for what is or isn't the law. It's far too important to get to a more solid source.
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Sorry for u...
The problem is ..U BECAME PERM RESIDENT IN CANDA.So now u need to have US visa to enter, All rules related Canda people will also apply to u. Did u mention in ur AP that u visit canda at all? Instead of AP, U could have used H1 if u have.
U r absolutely wrong , just like US perm residents can enter canada without any visa , same way canadian perm residents can also enter us without any visa , the immigration officer at the border was wrong in all means |
prozak - It is not what you think that matters. It is about Rules and regulations. there are so many immigrants in US that are trying to get canadian PR as a back up means they want to stay in North American part of the world. So it is not about the dead fish , as you think , that matters but what the law says.
I believe the rule is only that you should not have 2 PRs at one point in time. In this case , The person has Canadian PR and has an intent to get PR in US. Technically they shuld not reject and there are many cases ( go to Canadian Forum of Trackitt ) where people did the same thing. Landing last day or first day doesnt really prove anything , not even the intent.
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How can u hold two perm residencies in Two countries, Citizenship is another country? Possible? There is column in AP that ask for countries to be visited...
Yes it is absolutely possible , please brush up on miigration before making stupid comments here |
I think the misstake you did was to let the IO know that you were a Canadian PR. I know people who have done this, but they have been very carefull not to let it show in anyway that they are Canadian PRs, because as was said earlier you cannot be a PR in two countries at the same time. Even with an approved GC, becomming a Canadian PR would void the GC if they find out.
As with all legal problem, there often is a way out. I don't think it can be found on Trackitt though, but through a good immigration attorney!
Mr Vulcan you are wrong , you can hold two perm residencies |
Get a good lawyer and sue uscis
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....as a back up means they want to stay in North American part of the world....
ROFL :) Maybe that's what USCIS thought by not letting OP in US: "what are you complaining? You are still in North America". |
LOL.. wish we all have the sense of humour like Bestia -:) ..
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franticsky,
NOT ALL Canadian PRs can enter the US without a visa, that is a FACT. If you are a Canadian PR with a Western passport, then yes it is u to I/O discretion to grant you a visit visa. If you carry a "third world" passport, especially after 9/11, you need to have a visa from US consulate before entering. I have tons of friends with this experience.
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Credit cards works :)
You could talk to ur employer/client whoever u working for, arrange telecommute also while in Canada or if any trouble finding job in Canada. You should inform ur employer and attorney to work on the issue explaing them 'exact story at border' to understnad better to deal with problem.
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Very Scary and Sad situation.
These people do not understand the dilemma an immigrant is in. This is very sad. If US do not decide a pending case for say 7 years and you can not even apply PR or become PR of another country.
This is inhuman approach. Really sad. They keep the I-485 pending for years saying name check, security clearance and you can not even have another option. They want to keep you like a bonded labor. What kind of freedom is that. You do not have green card yet, your I485 is pending which who knows will go through. Still they want you to not to even breathe.
I believe this case should go to a news channel or news paper. Raise your voice loud and keep in touch with your attorney.
You have all the proper documents and you have all the intentions to live and stay in USA.
I dont know if I am right, you do not even need AP, you could have used I-94 if you come back within 30 days.
Guys correct me if I am right ? he should have be able to get in using I-94.
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I definitely rule out that having PR of two countries is not an issue. Some of my friends have Australian PR and came here years ago and obtained their GC. To keep the Australian PR they used travel to Australia once a year like an attendance.
There must be some other reasons for not letting faama back into US. Unless faama shares the complete story at the border, possibly we will not be able to guide through him/her correctly. I was reading earlier posts of Faama which states out of status for 4 days, free food for kids etc...Does this has any links with his/her present situtaion?
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upon landing canada, the canadian IO steppled a copy of landing document on the PP, and they(US IO) saw the 1-time entry canadian visa on the PP, thats how they found that we landed, we argued with them that the US gc is pending, she said as a person, she understood we made a good decision, but as an officer she wouldnt understand, actually she went to the canadian side to ask them to revoke our Canadian PR too,since we were "playing' games with 2 countries as she put it, but they (canada) wouldnt revoke the PR, so in all ,seemed like she abused her power, took our car keys off, we explained all the reasons, stranded with kids at the border for 5 hrs,.... and I had a head scarve on (am a muslim) . She treated us bad even with kids there.
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waitingGC1: You are not quite right, you can only use the same I-94 to come to the US from canada if the last entry printed on the I-94 was with a US visa (like H1B), not with Advance Parole. If the I-94 says paroled on it, then you will need a new I-94. I had personal experience with this.
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Faama, so sorry dear... wht does ur lawyer say? post on murthy and IV too ...to get more ideas... as every1 else is saying U NEED to talk to a lawyer as soon as possible...
how did she get ur car keys? tht bitch! keeping kids waiting... where is this POE?
hope u have family there ..to help u out ..
praying for u and ur family...
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faama,
I am very sorry to hear about your case, it is truley tragic and extremely life disturbing. All you can do now is wait the US consulate ruling while exploring legal options with a good US immigration attorney.
Unfortunately, alot of people in this world have prejudice against a race, religion, etc and it seems that this specific I/O suffers from prejudice. There is a difference between doing her job by preventing dangerous people from entering the country versus assuming the head-scarf and culture you bring is an attack on this country's customs and finding any excuse necessary to prevent you from entering the country. Simply tragic and unfortunate.
Just hang in there, be patient, do your research and homework on these situations, talk to a good lawyer, pray to God to grant you the will and power to get through this temporary but tough period, it will all work out at the end, hopefully for the best. God Bless!!
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Faama,
You should consult an US immigration attorney to pursue your case. I have see referral above in one of the posts above.
May be you should try a US Immigration lawyer who has office in Canada also.
Don't worry about what IO did to you at the border and forget her bad behavior and just try to ignore that incident from your thinking. A person cannot be a good IO if he/she is not a good human. She has no authority to single handedly implement all USCIS laws herself. There are lawyers who can help you. Focus on what you should be doing to get back on track and focus only on that.
Few years ago I was stuck in India with my family with US Consulate refusing to stamp visa (but technically they never turned me down). I also has the same situation with US apartment, kids school, employer not in mood to help, etc. But I kept trying with the consulate over and over again. Took me 3-4 months and ran out of money. Finally my pursual on human/family side of things kind of helped with the consulate and they stamped the visa.
Faama, our hearts and prayers are with you and sincerely hope your situation gets resolved soon.
Good luck to you and your family!!
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Hearthrob: You are mistaken on the rules of keeping Australian permanent residence. The Australian PR card expires after five years, and you should either make sure to have gotten Australian citizenship by then OR have spent two years of the last five in Australia which entitles you to a new five year PR card OR you are stranded in Australia until eligible as above, you can leave but can not come back with the expired card. Awkward, but thats the way it is. So, a short trip of a few days per year doesn't help in any way.
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Hearthrob: You are mistaken on the rules of keeping Australian permanent residence. The Australian PR card expires after five years, and you should either make sure to have gotten Australian citizenship by then OR have spent two years of the last five in Australia which entitles you to a new five year PR card OR you are stranded in Australia until eligible as above, you can leave but can not come back with the expired card. Awkward, but thats the way it is. So, a short trip of a few days per year doesn't help in any way.
Dreamercc and Hearthrob,
Please start a new thread to continue your discussion on this subject. Your posts are not helping Faama's case at the moment. |
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