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
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.
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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