I am a Canadian citizen working in the U.S. on an L1 work visa - I recently married a U.S. citizen and wanted to know about applying for a marriage visa. My L1 allows me to travel freely between the U.S. and Canada, will I have the same freedom to travel back and forth while an application is filed for?
To learn about the "adjustment of status" process and how it will apply to your situation, schedule a consultation with a lawyer in private.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You will have to be issued advance parole document in order to travel internationally while I485 is pending. Upon return on AP, you will lose your L status. If it is important for you to maintain your L, seek immigrant visa at the consulate not adjustment of status.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
As part of the adjustment of status process, you can apply for a travel document (no additional filing fee). Once you have that document, you can travel while it is valid. Processing times vary to get the document but should take about 2-3 months (check USICS.gov for more exact times based on your location). Once you re-enter using that document, you will no longer be in L1 status. I'm assuming there is not a criminal record with my above answer.
Ricky Malik, Esq., www.rmlegal.com This response does not constitute legal advice, nor does it establish an attorney-client relationship. Consult with a qualified attorney before taking any actions.
You will not be applying for a marriage visa but to change or adjust your status to that of a permanent resident as the immediate relative of a U.S. Citizen. As part of the adjustment of status process, you can apply for advanced parole to travel to Canada and employment authorization. Within 90 days of applying, you should obtain employment authorization. In this case, you will not need your L-1 status as you can accept any employment. You will have to prove by clear and convincing evidence that your marriage was entered in good faith. For this reason, you will be well advised to consult an experienced immigration attorney to represent you and your U.S. spouse in the entire process. Good luck.
This answer is provided for information only by an Immigration Attorney with over 22 years of experience in immigration law. It is not legal advice nor establishes an attorney-client relationship between you and KVJ Immigration Law Office, PA. Please consult with an immigration attorney to obtain confidential legal advice based on your specific situation and the facts in your case.
Congratulations on your recent marriage!
Generally speaking, an alien who travels without authorization from USCIS while an application for adjustment of status is pending abandons his application. However, an exception to this general rule exists for aliens who are in and maintaining L-1 status, This can often lead to advance parole being unnecessary, but the answer is not black and white and will depend on the specific facts of your case.
Schedule a consultation with an experienced immigration attorney who can review the facts of your case, advise you of the relevant issues and considerations, and advise you how best to proceed under your circumstances.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Review Mr. Devore's Avvo Profile for more information about his expertise in immigration law and how to contact him to discuss your case.
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