We applied for the IR-1 visa 6 months ago (I am American and my husband is Canadian) and still nothing. We are desperate to get to the USA. Is there any way for my husband to live in the US while this application is in process? We have property there already. Thank you!
As a Canadian, your husband may be able to visit the US for short trips during the time that his immigration case is pending. However, he is not entitled to live in the US at this time unless he has a visa that allows him to stay in the US for a longer period of time. If he decides to visit the US for short trips, he should be honest with US Customs and Border Protection officers if they ask whether he has taken steps to apply for his US immigration. In such case, the decision to admit him would depend upon whether they believe that he is only coming in on the occasion for a short trip. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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