How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105614
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

I am a Canadian citizen. I was born china. I was raised in

Customer Question

I am a Canadian citizen. I was born china. I was raised in canada. I am living in the state of Massaachusetts. My current legal status is F1. I just completed school and I am on an opt. My opt expires on July 8 2016. last year, I made an investment for the EB-5 immigration. The form i-526 was submitted last year. Once my i-526 is approved, do I need a visa to enter the US. I think there are agreements between Canada and the US that allow Canadians to enter the US without a visa.
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay as I may also be assisting other customers at the same time and I read and type fast, but not that fast! Thank you for your patience.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Sorry about the delay. You could use just your Canadian passport to enter the U.S., but I don't think you want to just be a visitor to the U.S. and have to leave the U.S. within 6 months, correct? Did you file an I-485 yet?
Customer: replied 7 months ago.
Hi,
My question is that after my i-526 is approved do I need to get a visa to live and work in the US. My citizenship is canada , and my place of birth is china.I lived in canada for over 20 years.
Customer: replied 7 months ago.
Hi ,Did you receive my question?
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Yes. Sorry about the delay. I had to log off because of a family emergency. To receive U.S. Lawful Permanent Residency, you would file an I-485 based upon the approved I-526. Here is the official link to the process: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-process Of course, you could opt to leave the U.S. and do Consular Processing instead as is indicated in that link that I gave you. If you stay, you should file the I-131 Advance Parole along with the I-485 because if you leave the U.S. to travel before the I-485 is approved, you would abandon it unless you first get the I-131 Advance Parole approved. In about 3 to 5 months after filing those forms, the Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail. Again, my apologies for the delay. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 7 months ago.
What is advance parole i131 and what is its function
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
As I said before, IF your I-485 is pending and you have to leave the U.S. before the I-485 is approved, if you have an I-131 Advance Parole approved, you can travel and it will not cause an abandonment of the I-485. If you leave before the I-485 is approved and you do not have an approved I-131, the I-485 is abandoned and you would be stuck outside of the U.S. having to do Consular Processing. You are not supposed to use a Canadian passport anymore when you have immigrant intent. Even if you got lucky and got in using it, you would have to file a new I-485 all over again. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Customer: replied 7 months ago.
Hi,My i526 is still being processed. It is not yet approved. I am wondering if there is a way to avoid consular processing. It takes a long Time. I am on opt with F1 status.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
You can try to extend your OPT or F-1, perhaps by entering into another program, but most likely that would be denied because you have a pending I-526 which is evidence of immigrant intent. You could try for an H-1B visa which could automatically extend your OPT, but they have run out as of about 2 or 3 weeks ago. The exception is if you apply for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap. If that doesn't work, there are few other visas that are dual intent and they are difficult to get into like the P visa or O visa. Perhaps the E-2 status because your investment is large enough. Here is a link: https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors Even though the E-2 is not a dual intent visa, they are lenient with that requirement. Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. Talk about unfair! So I hope you leave that positive rating. Your question does NOT close if you forgot to ask something. You aren't charged again if you respond on the same thread. If you don't see the stars by my name, just let me know. Thank you for your understanding.
Customer: replied 7 months ago.
Would it impact my i526 application if I also do a E2.
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
I'm very concerned that you do not leave a positive rating for me. Please do so after this response. I promise that your question does not close after you do. You can still ask additional questions without additional charge. No, doing an E-2 would not negatively effect your I-526.Let me know if you need anything else, but please do not forget that positive rating. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello Carl. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 7 months ago.
Hello Carl. Thank you for your kindness and respect. Good luck to you.

Related Immigration Law Questions