Applying for PR card from USA, while Green card is in process


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smiley1   
Member since: Jul 06
Posts: 269
Location:

Post ID: #PID Posted on: 25-12-14 13:27:01

Hello Everyone,
My sister is in USA (Indian passport holder)and was considering to apply for PR card here in Canada.
Her current status is EAD(Employment authorization card).She has been in USA since 2003.

She is separated and is planning to move to Canada by herself.

Thanks



Full House   
Member since: Oct 12
Posts: 2677
Location:

Post ID: #PID Posted on: 25-12-14 14:08:36

Quote:
Originally posted by smiley1

Hello Everyone,
My sister is in USA (Indian passport holder)and was considering to apply for PR card here in Canada.
Her current status is EAD(Employment authorization card).She has been in USA since 2003.

She is separated and is planning to move to Canada by herself.

Thanks.



-----

I know, it is the time of the year, where feelings take over reality. I wish her well and you too. She will have no problems getting into Canada, since she is currently employed there. ( Must be well qualified)

The current economy here in Canada is not stable. The Oil and other commodities are taking a beating. Jobs are far a few and in between. Take that into considerations also they might hit the rock bottom in the next two years. The Government is hoping that they will see a better GDP rate after two years. That is their view. All of us who are employed cannot withstand two long years without a roof over our head and a loaf of bread on the table.

With this in mind and the time taken to get the PR status, it looks preparing for the entry into Canada is the right time to attempt. What comes after that depends upon the job scenery and the field in which your Sister is looking to get entry into.

Please weigh all of these and I am sure with all of the available help and encouragement will find Canada a more friendly place to work and retire. A lot needs to be planned and you should prepare yourself mentally first, then follow through with appropriate actions.

Good Luck.


FH.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 26-12-14 13:58:23

Is your sister employed in the USA (and receive EAD through her employer) or did she receive the EAD as a beneficiary applicant of the 485?

If it is the former, she should stay in the USA as she would most likely receive the Green Card soon and would be better off in the States.

If it is the latter, she needs to consult with a competent US immigration attorney because, if she is separated, her EAD may no longer be valid. EAD is simply a convenient time bridge between I485 application and receipt of Green card. To the best of my knowledge, and from what I read, until she receives the GC, she is still a dependent applicant. Any legal separation will cause denial for the dependant applicant.

On another note, does she also have the Advance Parole (EAD would show the notation)? If not, leaving the US will constitute abandonment of the Green card process. Therefore, have her first check her US legal status and then ponder the Canadian side of things.


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Dimple2001




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