QUESTION
If I haven't received or even filed for my green card, and I return to Canada, what are the options I have for coming back and obtaining a green card
Asked on Jan 23rd, 2017 on Immigration - Georgia
More details to this question:
I am a Canadian Citizen, originally on a F1 visa and then did an OPT. My last day of OPT was August 31 2016. I got married on October 29 2016. My wife is a green card holder who applied for her citizenship back in June 2016. We figured that she would have gotten her citizenship before or shortly after we got married, which would allow me to file my paperwork to obtain a green card. We plan to stay in the US. It has now been several months that I have been out of status still living in the US. My wife's citizenship is still in the regular processing order and that this particular office is behind. Last we called, they said they were working on April applications, and she filed in June. The plan has been to just keep waiting until she is granted her citizenship and then to file my paperwork so I can also obtain my temporary green card so I can get back to work. However, I must return to Canada this June for an important wedding.
1 ANSWER
Significantly more information is needed in order to fully analyze immigration-related eligibilities, options and strategies for you. If your wife becomes a naturalized citizen, she should be able to petition for you to adjust status within the U.S. to become a lawful permanent resident (to get a "Green Card"), notwithstanding that you have overstayed your visa. Be aware, however, that generally unlawful presence for 180 days or longer creates a 3-year bar to re-entering the U.S. (and unlawful presence of a year or more can create a harsh 10-year bar), and so travel to Canada for the wedding may undermine your ability to return to the U.S. to live with your wife. There really is no substitute for consulting with an immigration attorney who, after learning all of the relevant information about your situation, could provide advice to you about the steps you should take next. Additionally, if your wife were to be represented by an immigration attorney in her naturalization case, that could reduce the likelihood of delays or other problems in her becoming a naturalized citizen.
Answered on Mar 21st, 2017 at 5:49 PM