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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 10-15-2007, 06:11 PM
WeShallOvercome WeShallOvercome is offline
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Default Traveled while AP pending. Will it affect AP?

We traveled yesterday to land as Permanent residents in Canada and were back within a few hours. The officer at the US border let us in without a new I-94. We had valid visa stamps as well as I-94s when we left.

Now some people say that your pending AP is invalidated if you leave the country. Since our I-94s were not changed, do we have something to worry about? I'm on H1 but my wife's AP is pending.

Thanks
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Last edited by WeShallOvercome; 10-17-2007 at 02:13 PM.
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  #2  
Old 10-15-2007, 08:14 PM
gene77 gene77 is offline
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Default Canadian Landing

Can you please shed some light on the Canadian landing procedure - my wife and kid need to land sometime later this year. I'm told by some that we can only fly in? Can't we drive through the border?

An information about your experience would be really helpful.

thanks,
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  #3  
Old 10-15-2007, 08:36 PM
WeShallOvercome WeShallOvercome is offline
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Originally Posted by gene77 View Post
Can you please shed some light on the Canadian landing procedure - my wife and kid need to land sometime later this year. I'm told by some that we can only fly in? Can't we drive through the border?

An information about your experience would be really helpful.

thanks,

If you are in US and close to Canada border, landing by road is much better than flying.

Just show up at the border with your COPR papers, Passports, Goods to follow list, proof of funds, a Canadian address where they can mail your PR card... And that's it. For us it took only 35 minutes from the time we entered the immigration building to the time we walked out. That includes 7-8 minutes we had to wait to be called at the beginning.

They will ask some questions like 'Are you staying in Canada or going back?, When are you coming back here?, do you know you have to live here for 2 years out of 5 etc.."


Our bigger worry was not canadian landing but coming back to the US. fortunately it was very smooth. the officer at the border looked at the passports, swapped the visa page, looked at the I-94s and let us in.
We had valid visa stamps and I-94s... IF you go by air, they will definitely take your I-94 when you leave and give you a new one when you re-enter.

PM me if you want more information or have any specific questions..

You said your wife and kid need to land.. Are you the primary applicant? if yes, have you landed already?
If you are the primary applicant, then I think your wife and kid have to land along with you or after you. they can not land before you do..




I'm still waiting for an answer to my original question
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Last edited by WeShallOvercome; 10-15-2007 at 08:39 PM.
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  #4  
Old 10-15-2007, 10:13 PM
gene77 gene77 is offline
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Default Thanks for your response

But I honestly don't know the answer to your question. Thinking subjectively, if they didn't issue new I-94, didn't stamp your passport - what proof do that have of your leaving the country.

Not sure though.

Thanks again.
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  #5  
Old 10-15-2007, 10:57 PM
vxb2004 vxb2004 is offline
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Default

Quote:
Originally Posted by WeShallOvercome View Post
If you are in US and close to Canada border, landing by road is much better than flying.

Just show up at the border with your COPR papers, Passports, Goods to follow list, proof of funds, a Canadian address where they can mail your PR card... And that's it. For us it took only 35 minutes from the time we entered the immigration building to the time we walked out. That includes 7-8 minutes we had to wait to be called at the beginning.

They will ask some questions like 'Are you staying in Canada or going back?, When are you coming back here?, do you know you have to live here for 2 years out of 5 etc.."


Our bigger worry was not canadian landing but coming back to the US. fortunately it was very smooth. the officer at the border looked at the passports, swapped the visa page, looked at the I-94s and let us in.
We had valid visa stamps and I-94s... IF you go by air, they will definitely take your I-94 when you leave and give you a new one when you re-enter.

PM me if you want more information or have any specific questions..

You said your wife and kid need to land.. Are you the primary applicant? if yes, have you landed already?
If you are the primary applicant, then I think your wife and kid have to land along with you or after you. they can not land before you do..




I'm still waiting for an answer to my original question

IF you go by air, they will definitely take your I-94 when you leave and give you a new one when you re-enter.
I think this statement is wrong. Last year my wife and I landed in Canada by flight for our Canadian GC. They did not take our I-94. I know several instances where people flew for their Canadian landing whose I-94 was not taken. So gene77 you could either fly or drive to land in Canada. Good luck!

Last edited by vxb2004; 10-15-2007 at 11:00 PM.
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  #6  
Old 10-16-2007, 02:11 AM
WeShallOvercome WeShallOvercome is offline
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IF you go by air, they will definitely take your I-94 when you leave and give you a new one when you re-enter.
I think this statement is wrong. Last year my wife and I landed in Canada by flight for our Canadian GC. They did not take our I-94. I know several instances where people flew for their Canadian landing whose I-94 was not taken. So gene77 you could either fly or drive to land in Canada. Good luck!
You are right... I researched and found that you don't have to hand over your I-94 at the airport. but the chances of them giving you a new I-94 are more at the airport than at the land crossings.

plus he got it from somewhere that he can only land at an airport, which is wring. Landing by road is much easier...
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  #7  
Old 10-16-2007, 02:40 AM
senk1s senk1s is offline
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they dont take the i94 (arrival departure record) within the continental US ... (Canada/ Mexico)

The immigration/ customs stamp is proof of travel
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  #8  
Old 10-16-2007, 08:01 AM
bestin bestin is offline
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Guys,travelling to canada is not the issue.Pls get back to track.This is some scenerio which i am also worried after his question.I also applied for AP.Its pending.I need to travel for my brothers wedding along with family.i hve a valid stamping.but i dont wish the ap be invalidated as well.
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Old 10-16-2007, 10:50 AM
gene77 gene77 is offline
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Default Thanks WeShallOvercome, vxb2004, senk1s

Thanks folks - but I don't think that the CBP or USCIS officers at the borders have any rules for issuing or not issuing new I-94 cards. In 2006 when I crossed the border from Vancouver I was not issued a new I-94, but same place this year I was asked to check-in and got a new card.

Thanks.
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  #10  
Old 10-16-2007, 01:12 PM
WeShallOvercome WeShallOvercome is offline
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Originally Posted by gene77 View Post
Thanks folks - but I don't think that the CBP or USCIS officers at the borders have any rules for issuing or not issuing new I-94 cards. In 2006 when I crossed the border from Vancouver I was not issued a new I-94, but same place this year I was asked to check-in and got a new card.

Thanks.
gene777,

Although we are still going off the topic and the main question I asked, I would still like to allay your concerns that one can only fly in for Canadian landing. This is obviously not the case and you can very well land by road.

Whether to issue a new I-94 or not is at the officer's discretion and you'll always see them using it both ways. You can never be sure. I've been sent in for a new I-94 two out of four times I visited Canada by road.


Getting back to the question: If I was not issued a new I-94 at the time of re-entry, would my pending AP application be safe? I assume they have atleast some system in place to find if someone has traveled out of country or not even without a new I-94. Even if they don't issue a new I-94, they still scan you Visa at the port of entry. Don't know if it is just for validating the visa stamp or if it makes an entry in their arrival departure database.


Anyone?
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  #11  
Old 10-16-2007, 05:27 PM
senk1s senk1s is offline
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extrapolating my attorney's advise/ comments ..it should be ok

Here is our case:
It was okay for us to travel to Canada without even getting the receipts (485/EAD/AP)... with proof of mail carrier delivery. We have valid/stamped H visas.

gene77 - we travelled to Vancouver as well ...and there was no new I94
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