US Immigration from Canada

Canadian citizen here. If I am in the US on a B2 tourist visa to visit my friends, and my employer files an I-129 with premium processing for O1-A, am I allowed to adjust status from B2 to O1A or will there be issues? Anyone here done it before?

I am a bit fearful that USCIS might think I lied about my original intention of B2. Does the 90-day wait apply even though O1-A is a non-immigrant visa?

Thanks.

My friend's I-140 petition through EB2 NIW has been approved since March 2022. She indicated that "Alien will apply for a visa abroad at a U.S. Embassy or consulate, Montreal, Canada" in the Part 4, Box 1, Section on the I-140 form, but USCIS did not automatically forwarded the approved I-140 to NVC. It has been 120 days.

She filed a service request with USCIS and received the following response:

Quote

We have received your service request and researched the status of your case. Our records indicate that on your case was approved. However, the approved petition and accompanying information was not sent to the National Visa Center (NVC). If the person, for whom you are petitioning, decides to apply for a visa outside the United States based on this petition, the petitioner must file Form I-824, Application for Action on an Approved Application or Petition, to request that we send the petition to the Department of State NVC. The NVC processes all approved immigrant visa petitions that require consular action. The NVC also determines which consular post is the appropriate consulate to complete visa processing. It will then forward the approved petition to that consulate.

She has raised a Service Request with CIS Ombudsman, which can take up to 30 days to respond, but is there anything else that can be done in the interim to speed up the process? Should she just pay the $465 fee and get it done with, even though it is an error on USCIS' part?

Just checking. Am I able to cross, activate my visa and then travel back to Canada a few times to pack up and move? I don t intend to import my car but will use it for a couple months to travel while I get settled.

I am a Canadian citizen who was here on a F1 visa. I graduated May 2020, my OPT start date was 7/20/2020, and my OPT expired 7/19/2021. I got married 7/14/21 but spoke to a lawyer prior who informed me that I will have to file for an adjustment of status. Although it's been a year since I've been married to my husband who is a US citizen, will I still be considered for adjustment of status since I got married before my OPT expiration date (while I was still in status)?

If yes and I proceed with the i485 Supplement A form, questions regarding Part 3. Bars to Adjustment -

-You are not in lawful immigration status on the date of filing your application for adjustment of status. - Yes because I am no longer in status since my work authorization expired 7/19/21?

-You have ever failed to continuously maintain a lawful status since entry into the US, unless your failure to maintain status was through no fault of your own or for technical reasons. - Yes, since I am fallen out of status? The wording on this question is a bit unclear to me

-You are seeking employment-based adjustment of status and you are not maintaining a lawful nonimmigrant status on the date of filing your application for adjustment of status. - I was authorized to work under my F1 visa through OPT and although I am not employed through that company anymore, I would like to like to seek employment in the future (not sure if this is relevant for Supplement A or more-so for the i-765 form).

With the remaining options for Bars to Adjustment, it seems like these 3 options best describes my situation and the rest aren't applicable. Thanks

Hi guys,

I think I finally have decided that I am going to apply for US Citizenship. I have a few questions for those they have knowledge/experience about it:

The questions are:

1) Do I have to send copies of my green card, my Canadian Passport with n-400

2) Do I have to send IRS (US) Tax returns with form n-400

3) If there are other copies of anything else I have to send with form n-400

Sending copies for those is no problem but I don't want to overwhelm them with all of those photo copies - any suggestions please.

Thanks in advance

Sam