I landed as Canadian permanent resident last Friday in Niagara Falls through Rainbow bridge. The landing couldn’t be better as the entire process took less than 15 minutes. However, returning to U.S. was a hell.
I am H1, wife H4. My140 was approved one year ago, and 485 has been in Texas for 10 months without any LUDs other than FP done in January this year.
We came back yesterday through Peace Bridge in Buffalo. When slowing approaching the booth in the U.S. side, I submitted all the documents (me and my wife’s Chinese passports, son’s U.S. passports and our I-797 H1/H4 approval notice with valid I-94). He looked at them, and started to do some research in the computer, then asked: “Where did you go”. “We visited Toronto” “What’s the purpose of visit, for business or pleasure” “Pleasure, sir” “Your Canadian visa indicates the purpose otherwise. You have immigrated to Canada.” “That’s correct, but I just did the landing process, and return to U.S. to continue my job” “Have you applied for U.S. green card” “Yes, sir”. “Have you applied advance parole” “ Yes, sir” At this point he wrote something on a slip and directed me to a building nearby.
In the building, a woman officer took all my documents and started to key in something in the computer, then asked:” When did you apply for U.S. immigration visa” “I submitted my application in October 2006”. “When did you apply for Canadian green card?” “ In September, 2005”. “ So you changed mind and switched to U.S. green card” “ Well, actually I started the U.S. green card process much earlier. In 2003, my employer started to apply for Labor Certificate and was not approved until August 2006” “So you are applying for two country’s green cards in the same time?” “ Well, yes and no. The U.S. green card is taking such a long time that I don’t know when and whether it will be approved.” “ I have to make a note indicating that you are now permanently residing in Canada.” “ Will that affect my U.S. green card” “ You cannot be permanent resident in both countries”.
She started to work on the computer while I was anxiously waiting. Thinking hard, I said “ I have advance parole. Does it help if I use it now” “Show me please”. I handed in AP. A while later, she said “ You are now under parolee status” “ Does it help, I mean, to eliminate the conflicts between my Canadian and U.S. green card?’” Sir, you cannot have both. I have made a note. You must relinquish one of them” “ U.S. green card has a higher priority for us. We have lived here for 8 years. Our son was born here” “ You have become a Canadian resident” “ Can I give up my Canadian green card in order to get the U.S. green card approved – do I have to do it now?” “ We do not provide consulting”
At this point I lost my temper and yelled back “ This is not about consulting. This is about regulations. Can I see your supervisor ”.“Sir, you have been admitted as a parolee, I have already granted it to you. There is no need to request a review from higher level”.
Finally our family left the building. We don’t know whether this incident is going to affect our 485 approval. I am still in shock as of today.