Expedited AP!

[judester 0]

Hi!

I'm new to this site today and it looks like you have alot of very helpful people out there! I searched and found some info on emergency or expedited AP. My husband is Canadian and has custody of his children here in the US. We are just starting the AOS/I-130 process. He has a court order that requires him to drive the children to see their mother once a month.

1.-Is this a compelling enough reason for an emergency AP?

2.-How do we get an expedited AP.

Obviously his ex is not happy that he has custody of the children in the first place, let alone having to not be able to see them for 2-4 months. We dont want him to be in contempt of court in Ontario.

Any advice would be helpful!

Thanks!

J

[Dr_LHA 3]

The best answer you're going to get regarding this is from a USCIS office, as they're the ones who give out emergency APs, they're the ones who know what the criteria is.

[John24689 0]

Yes, see an Immigration Officer. From what I understand, you have to have filed for AOS before you can apply for AP. I would think the court order document (certified) would be sufficient as a valid reason. If you haven't filed the I-485, it may cause a problem and I don't think they give the AP without it. Good luck. Let us know what you find out.

[lynamon 0]

I'd love to hear of any info you may obtain .. I've sent you a pm

Lynette

[together2love 0]

Yes, make an infopass appt to find more out about the AP you want. Worst case senario is for now you could always take your hubby's kids back to Canada for him, this way he doesn't have to cross the border for now until you figure things out.

[judester 0]

Yes, make an infopass appt to find more out about the AP you want. Worst case senario is for now you could always take your hubby's kids back to Canada for him, this way he doesn't have to cross the border for now until you figure things out.

Thanks,

The only problem is that we're sending the I-130/AOS packages together for all three of them!

Now I'm starting to get worried...

J

[broma25 2]

What is their (the children and your husband) status in the US right now?? How did they get here without visas?

[judester 0]

What is their (the children and your husband) status in the US right now?? How did they get here without visas?

He is here on a TN (nafta) visa and the kids are here as TD (dependent). I know there are a couple others out there who have come as TNs and adjusted status.

J

[broma25 2]

Look at point D, it looks like as long as his TN Status is valid he should have no problems.

Benefits of the TN Visa

A. Canadian nationals may obtain the NAFTA visa at the border. They do not require prior petition approval by the U.S. Citizenship and Immigration Services (USCIS) or a Labor Certification from the Department of Labor

B. Canadian and Mexican professionals can maintain NAFTA visa status indefinitely by requesting extensions based upon their qualifying professional activity

C. You are entitled to request TD dependent visa status for your spouse and children under the age of 21. Your dependents may attend school as long as they continue to qualify under the TD visa classification criteria

D. You can freely travel in and out of the U.S. provided you have a valid TN status

[zyggy 9]

Look at point D, it looks like as long as his TN Status is valid he should have no problems.

Benefits of the TN Visa

A. Canadian nationals may obtain the NAFTA visa at the border. They do not require prior petition approval by the U.S. Citizenship and Immigration Services (USCIS) or a Labor Certification from the Department of Labor

B. Canadian and Mexican professionals can maintain NAFTA visa status indefinitely by requesting extensions based upon their qualifying professional activity

C. You are entitled to request TD dependent visa status for your spouse and children under the age of 21. Your dependents may attend school as long as they continue to qualify under the TD visa classification criteria

D. You can freely travel in and out of the U.S. provided you have a valid TN status

Incorrect.... TN is not a dual intent status and therefore as soon as the Canadian married the USC and had immigrant intent, they lost their TN status and the children lost their TD status... TN status is not equavilent to a H1-B status in that the TN status does not allow you to have the status when you have immigrant intent. There is a real risk that if CBP finds out about his marriage to a USC, he will be denied entry to the US and will have to start over with getting a K-3 or CR-1. After their marriage, a TN should not leave the US until they have filed their I-485 and have received AP...

This is an example that if someone would have followed what was said above they would have found themselves in a real pickle due to a small, but extremely significant provision associated with TN status... and why people should not respond unless they have all the facts...

Edited March 12, 2007 by zyggy

[judester 0]

Incorrect.... TN is not a dual intent status and therefore as soon as the Canadian married the USC and had immigrant intent, they lost their TN status and the children lost their TD status... TN status is not equavilent to a H1-B status in that the TN status does not allow you to have the status when you have immigrant intent. There is a real risk that if CBP finds out about his marriage to a USC, he will be denied entry to the US and will have to start over with getting a K-3 or CR-1. After their marriage, a TN should not leave the US until they have filed their I-485 and have received AP...

This is an example that if someone would have followed what was said above they would have found themselves in a real pickle due to a small, but extremely significant provision associated with TN status... and why people should not respond unless they have all the facts...

Hi again

We have travelled to Canada a number of times since we have been married. When inspected upon re-entry, we've showed our ID and my husbands TN (I-94) and his childrens TD (I-94) and have been asked how long we have been married. When we tell the CBP they usually have mentioned that we should apply for I-130/AOS. We've never been hauled in or anything like that. I would like to hear some more input from others on this. I am also setting up an infopass appointment right now and we'll have to see what they say. This travel issue is all so confusing and stressful . Everything else seems pretty straight forward... I think!?!?!?

Thanks again

J

[together2love 0]

Oh right, my short sightedness! Well, then best to submit the AOS/I-130/AP ASAP, get your NOA1 and away your go to your infopass to expedite your AP. There is swell proof for you to do this. Hopefully others coming along have had a situation like this to help you out further.

[broma25 2]

Look at point D, it looks like as long as his TN Status is valid he should have no problems.

Benefits of the TN Visa

A. Canadian nationals may obtain the NAFTA visa at the border. They do not require prior petition approval by the U.S. Citizenship and Immigration Services (USCIS) or a Labor Certification from the Department of Labor

B. Canadian and Mexican professionals can maintain NAFTA visa status indefinitely by requesting extensions based upon their qualifying professional activity

C. You are entitled to request TD dependent visa status for your spouse and children under the age of 21. Your dependents may attend school as long as they continue to qualify under the TD visa classification criteria

D. You can freely travel in and out of the U.S. provided you have a valid TN status

Incorrect.... TN is not a dual intent status and therefore as soon as the Canadian married the USC and had immigrant intent, they lost their TN status and the children lost their TD status... TN status is not equavilent to a H1-B status in that the TN status does not allow you to have the status when you have immigrant intent. There is a real risk that if CBP finds out about his marriage to a USC, he will be denied entry to the US and will have to start over with getting a K-3 or CR-1. After their marriage, a TN should not leave the US until they have filed their I-485 and have received AP...

This is an example that if someone would have followed what was said above they would have found themselves in a real pickle due to a small, but extremely significant provision associated with TN status... and why people should not respond unless they have all the facts...

I provided information regarding the TN visa and stated that as long as his status is still valid then he should be ok to travel. It is up to the OP to decide if his status is still valid, I assume that this would be something they would have looked into before getting married. As you know that posts do not always give ALL information that is needed.

[zyggy 9]

Incorrect.... TN is not a dual intent status and therefore as soon as the Canadian married the USC and had immigrant intent, they lost their TN status and the children lost their TD status... TN status is not equavilent to a H1-B status in that the TN status does not allow you to have the status when you have immigrant intent. There is a real risk that if CBP finds out about his marriage to a USC, he will be denied entry to the US and will have to start over with getting a K-3 or CR-1. After their marriage, a TN should not leave the US until they have filed their I-485 and have received AP...

This is an example that if someone would have followed what was said above they would have found themselves in a real pickle due to a small, but extremely significant provision associated with TN status... and why people should not respond unless they have all the facts...

Hi again

We have travelled to Canada a number of times since we have been married. When inspected upon re-entry, we've showed our ID and my husbands TN (I-94) and his childrens TD (I-94) and have been asked how long we have been married. When we tell the CBP they usually have mentioned that we should apply for I-130/AOS. We've never been hauled in or anything like that. I would like to hear some more input from others on this. I am also setting up an infopass appointment right now and we'll have to see what they say. This travel issue is all so confusing and stressful . Everything else seems pretty straight forward... I think!?!?!?

Thanks again

J

Then you have been very lucky..

1) Infopass is not going to do you any good as USCIS has nothing to do with issues regarding entry to the US.. Only CBP does...

2) I am a former CBP officer whose POE is the largest and busiest land border crossing on the US/Canada border .. I processed hundreds of TN's of professionals who wanted to work in the US and inspected thousands of TN's who went through that POE every day.... if anyone on here intimately knows what the issues are regarding a TN entry when married to a USC... it's me...

There may be a time when the CBP officer is not so nice and and will deny you entry due to immigrant intent since the terms of the status is that your employment is of a temporary nature, will not lead to permanent resident status (based on your employment) and that you do not have the intention to immigrate to the US. It's like a tourist entry.. a lot of times you may be okay... but you should know that CBP is entirely within their rights to deny entry and cancel the status of those TN holders who have demonstrated immigrant intent...

I don't know about you.. but that's a roll of the dice I would not want to take...

3) Just to let you know, once you file the I-130, your status as a TN ends once your I-130 and I-485 is accepted by USCIS... you will no longer have TN status, but will be an adjustment applicant and will require AP to enter the US...

Edited March 13, 2007 by zyggy

[judester 0]

Then you have been very lucky..

1) Infopass is not going to do you any good as USCIS has nothing to do with issues regarding entry to the US.. Only CBP does...

2) I am a former CBP officer whose POE is the largest and busiest land border crossing on the US/Canada border .. I processed hundreds of TN's of professionals who wanted to work in the US and inspected thousands of TN's who went through that POE every day.... if anyone on here intimately knows what the issues are regarding a TN entry when married to a USC... it's me...

There may be a time when the CBP officer is not so nice and and will deny you entry due to immigrant intent since the terms of the status is that your employment is of a temporary nature, will not lead to permanent resident status (based on your employment) and that you do not have the intention to immigrate to the US. It's like a tourist entry.. a lot of times you may be okay... but you should know that CBP is entirely within their rights to deny entry and cancel the status of those TN holders who have demonstrated immigrant intent...

I don't know about you.. but that's a roll of the dice I would not want to take...

3) Just to let you know, once you file the I-130, your status as a TN ends once your I-130 and I-485 is accepted by USCIS... you will no longer have TN status, but will be an adjustment applicant and will require AP to enter the US...

Hi Zyggy,

When we were at an infopass appointment last month to get a few questions answered regarding I-864, I-964A and my husband's income, they told us his TN is valid until his EAD is approved or his AOS is approved. They did specify that he could not hold a TN AND an EAD at the same time. Once the EAD was approved, the TN would be invalid. They also stated that his TN was still valid while AOS is pending. I think I just said the same thing 3 times!

With your other advice for travel, I agree that an AP would be the safest bet for him and his kids. He just needs it quickly! He will talk to a CBP on Sunday when he returns from Canada and just confirm everything. We'll be filing all of it on Tuesday!

Thanks for your insight!

J