Dependent's stay out of USA while GC pending

[easygoer]

Dear Lawyer/Gurus,

Greetings! I have one issue regarding my daughter's education and my Canada GC while US GC is pending.

My GC is pending (I485 filed & I 140 cleared-EB2) and have received AP and EAD. Starting next year Sep'10, my daughter wants to go to Medical College at Saba, St. Maarten, NA (out of US territory) for atleast two years period while her GC is pending.

1) My question, it is okay for her to stay out of USA for two years while her GC is pending? Her Green Card processing will not be affected? Can she get Proof of civil staus required to be submitted to that college?

2) Also I have received Green Card for Canada and I have to go in Sep'09 for one time visit. My question is if I (alongwith my family) visit Canada using AP, Can I continue to use my H-1B for my salary processing on my return from Canada visit?

I appreciate your help in this matter and thank you in advance,

[easygoer]

Can someone reply please?

[sac-r-ten]

Sorry to hear about your predicament. I guess even the attorneys here have not heard of this situation yet. May be yours will be a bench-mark for such queries.
Please do update this thread if you get some answers from other sources.
Wish you and yours good luck.

[Ramba]

Originally Posted by easygoer

Dear Lawyer/Gurus,

Greetings! I have one issue regarding my daughter's education and my Canada GC while US GC is pending.

My GC is pending (I485 filed & I 140 cleared-EB2) and have received AP and EAD. Starting next year Sep'10, my daughter wants to go to Medical College at Saba, St. Maarten, NA (out of US territory) for atleast two years period while her GC is pending.

1) My question, it is okay for her to stay out of USA for two years while her GC is pending? Her Green Card processing will not be affected? Can she get Proof of civil staus required to be submitted to that college?

2) Also I have received Green Card for Canada and I have to go in Sep'09 for one time visit. My question is if I (alongwith my family) visit Canada using AP, Can I continue to use my H-1B for my salary processing on my return from Canada visit?

I appreciate your help in this matter and thank you in advance,

Simple answer to your question is.."During AOS period (when 485 pending) one MUST NOT leave US; unless for an emegency travel using AP (H/L visa holders may use their visa insted of AP). However, the travel should be brief and short"

If your daughter wants to go extended period outside US; you may convert her AOS to CP. I do not know wheter primary selects AOS and derivative selects CP at the same time. You should clarify with your lawyer.

In theory or legally, accuring PR status in any other country should not affect your GC (485) processing in US. However, you may have some clitches in either side if both knows you have PR application in both country at same time. After geting PR in both countries you must maintan the residency rquirement in both countries as per each countries rule, to keep the PR status.

[easygoer]

Ramba, Sac-r-ten,

Thanks for your reply.

I consulted my lawyer. According to him she can go out of USA but needs to be in USA while renewing her Advacne Parole. I do not know whether it is a correct advice. Someone in same situation?

[ImmigrationAnswerMan]

Easygoer:

Your attorney is correct that she cannot renew her Advance Parole while she is abroad. If she lets her AP expire while she is abroad she could abandon her I485.

If you are able to mantain your H-1B visa and she can get an H-4, that will add some additional assurance to her ability to mantain her status.

Your attorney should be able to advise you on mantaining your H-1B.

[easygoer]

Ari J. Sauer:

Thanks for your advice.

I have maintained my H-1 but my daughter crossed her 22 years agelimit and is on F-1. She needs to go out of USA for 18 months then come back to Us to complete her MD for balance 2years. She may not get F-1 visa while out of USA.