QUESTION
Can I stay in the US without a visa after applying for a Green Card if I'm a Canadian citizen?
Asked on May 03rd, 2013 on Immigration - California
More details to this question:
My spouse is a US citizen. I am a Canadian citizen legally living and working in the US. I'm currently on a TN Visa. My question is If I apply for my Green Card through marriage, and then my TN Visa expires before I receive the official Green Card, can I legally remain living and working in the US?Am I granted some sort of legal status while waiting for the Green Card? Thanks in advance.
9 ANSWERS
Adebola O. Asekun
So long as you file the I-130 /1-485 concurrently before your TN expires, you should be ok.
Answered on May 08th, 2013 at 12:58 AM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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After applying for a green card through a U.S. citizen spouse, you need not leave the U.S. when your current visa status ends. While filing an application does not confer on you any status, you can (and should) apply for employment authorization and advance parole travel permit simultaneously with your adjustment of status application; regulations require USCIS to give you an employment authorization card within 90 days (unless you have your adjustment interview and receive your green card sooner).
Answered on May 07th, 2013 at 3:44 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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While waiting for the green card you are in a period of status authorized by the Attorney General. It is not a status and should your green card be denied you could not then change to another status; you would need to leave the U.S. and return to get back in status but the time while your green card was pending would not be held against you.
Answered on May 07th, 2013 at 3:40 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can remain in the US while the green card process is taking place. As a matter of fact, you don't want to travel otherwise, you can jeopardize your green card process.
Answered on May 07th, 2013 at 2:45 PM
Yes, you may stay. You also can get EAD and work while the green card application is pending.
Answered on May 07th, 2013 at 2:37 PM
You should be able to stay in the US. File the I-130 and I-485 together. When you file the I-485, also file for EAD and advance parole.
Answered on May 07th, 2013 at 2:34 PM
Yes, if you file for an adjustment of status while inside the U.S., you should remain in the U.S. until your case is approved. When you file for the I-485, you can also file for work authorization, which would allow you to work for any employer in the US once approved. Also, once you have a green card, you can work for any employer in the US.
Answered on May 07th, 2013 at 12:41 AM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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Yes once you apply for Green Card, you can continue to stay in the US until a decision on the green card is made by the USCIS.
Answered on May 07th, 2013 at 12:02 AM
Yes, you can remain in the US and you will actually get employment authorization as part of your green card application in the interim (while the green card application is pending) so even if your TN expires, you will be able to continue working.
Answered on May 06th, 2013 at 11:42 PM