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DAP Forums > DREAM Act > The Lounge

Just Returned From Canada-Cleared EWI- Employment Based AP

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#1
05-15-2014, 11:59 PM
Member
Joined in Apr 2014
43 posts
newlife2012
0 AP
Short Version
I left for Toronto-Pearson Airport yesterday and just flew back into JFK this afternoon.
I was actually inspected by CBP in Toronto(This really confused me, and I am sure the CBP agent thought I was a moron). When I got to JFK I just walked right out of the Airport no screening, no Id check. My AP and passport were both stamped in Toronto by the US CBP agent.
-------------------------------------------------------------------------------------------------
Long Version
Most stories I read about on this forum is about people traveling on AP for humanitarian reasons, I was able to get one for employment purposes. I will tell you all how I approached it.

1) I applied for AP through USCIS. I had my Wife who is a lawyer draft the letter and my boss signed it. I actually applied for a multiple visit AP, since I was not sure it would be approved for my first travel date. I submitted my application on 4/5/14.
I asked for permission to travel 5/14/14 and 10/8/14. Those dates coincided with 2 Information Technology(IT) conferences in Canada. I work for an IT company. My AP was approved in just 10 days. The website updated on 4/15/14
2)While waiting for AP, I began filling out an application for a Canadian Visa (Most people will need one). I waited until I received my AP to submit the Visa application, and attached a copy of my AP to the application. MY AP arrived on 4/25/14.
3)On 5/2/14 I had an update from the Canadian Consulate, they wanted me to mail my passport to them. Instead of mailing it I went to the Canadian Consulate in NYC (They are only open on Wednesday from 9-11, for the general public). I left my passport there on 5/7/14 and explained my situation to the nice lady there, she put my passport on top of the pile. I left a prepaid-express mail envelope with her.
4) On Friday 5/9/14 I received my passport with a Canadian Visa Affixed to it. Bought my tickets, Round trip + hotel for one night cost me $818.
5) On 5/14 I left for Canada, I had to show AP document + Canadian Visa to leave from JFK. Delta required it. When I got to Canada I had to see like 4 different agents, they were all very nice, they just wanted to know why I was coming to Canada without a green card to get back. Showed the AP document, explained the situation, they let me in to Canada.
6) On 5/15 I returned to NY from Toronto. I was inspected in Toronto in what is called a Pre-Screening Area. Had to present my Original 2 AP documents+ passport+a customs declaration form you get at the Airport. At this point I was finger printer and had my picture taken. I then went into another room, where I gave an officer all my documents again. I waited about 45 minutes( good thing I got to the airport 3 hrs early), he called my name handed me back my passport with a stamp and one copy of the AP also stamped. I then proceed to go through metal detectors and on to my plane.
7)At JFK I just left from a normal exit, nobody asked me for anything.
8 ) I will be applying for adjustment of status through my Wife in about a week, I need to go to a Civil Surgeon first. Will keep everyone posted.
9) You do not get an I94 anymore if you arrive by airplane, however you can print one out from the CBP website. You just need to enter your passport number and name, dob.
If anyone has any questions feel free to ask,
Id like to thank this group, it gave me the courage to travel.
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#2
05-16-2014, 04:39 AM
Senior Member
Joined in Sep 2007
276 posts
swiftp's Avatar
swiftp
0 AP
How did you explain your situation to the agents when you arrived in Canada?
__________________
App Sent: 06/12/2013 to Phoenix lockbox, routed to Nebraska.
G-1145 Notification: 6/24/2013
Biometrics Letter Received: 07/07/2013
Biometrics Walk-In: 07/09/2013
Approval!: 08/27/2013
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#3
05-16-2014, 06:41 AM
Member
Joined in Apr 2014
43 posts
newlife2012
0 AP
I didn't even mention DACA. Simply said I was here for work and that my boss sent me for a conference. The reason I didn't have a green card was that I had a pending application in the US because I was married. Since the green card was not ready USCIS gave me this letter (AP letter) to travel while my application is pending.
If they would have pressed the issue I would have explained DACA. The AP paper itself explains DACA maybe that is why the officer did not press the issue.

I had to wait over an hour online to see an agent and I heard a ton of stories, including a couple of rejections from the Canadian Immigration Officers. The main thing they did not like was people staying at a friends house for an excessive period of time. Particularly anyone staying for close to 6 months, I doubt this applies to anyone here, but you never know. My advice whatever you do book a hotel and do not stay too long
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#4
05-16-2014, 12:08 PM
Member
Joined in Mar 2013
34 posts
ana_g101
0 AP
Quote:
Originally Posted by newlife2012 View Post
Short Version
I left for Toronto-Pearson Airport yesterday and just flew back into JFK this afternoon.
I was actually inspected by CBP in Toronto(This really confused me, and I am sure the CBP agent thought I was a moron). When I got to JFK I just walked right out of the Airport no screening, no Id check. My AP and passport were both stamped in Toronto by the US CBP agent.
-------------------------------------------------------------------------------------------------
Long Version
Most stories I read about on this forum is about people traveling on AP for humanitarian reasons, I was able to get one for employment purposes. I will tell you all how I approached it.

1) I applied for AP through USCIS. I had my Wife who is a lawyer draft the letter and my boss signed it. I actually applied for a multiple visit AP, since I was not sure it would be approved for my first travel date. I submitted my application on 4/5/14.
I asked for permission to travel 5/14/14 and 10/8/14. Those dates coincided with 2 Information Technology(IT) conferences in Canada. I work for an IT company. My AP was approved in just 10 days. The website updated on 4/15/14
2)While waiting for AP, I began filling out an application for a Canadian Visa (Most people will need one). I waited until I received my AP to submit the Visa application, and attached a copy of my AP to the application. MY AP arrived on 4/25/14.
3)On 5/2/14 I had an update from the Canadian Consulate, they wanted me to mail my passport to them. Instead of mailing it I went to the Canadian Consulate in NYC (They are only open on Wednesday from 9-11, for the general public). I left my passport there on 5/7/14 and explained my situation to the nice lady there, she put my passport on top of the pile. I left a prepaid-express mail envelope with her.
4) On Friday 5/9/14 I received my passport with a Canadian Visa Affixed to it. Bought my tickets, Round trip + hotel for one night cost me $818.
5) On 5/14 I left for Canada, I had to show AP document + Canadian Visa to leave from JFK. Delta required it. When I got to Canada I had to see like 4 different agents, they were all very nice, they just wanted to know why I was coming to Canada without a green card to get back. Showed the AP document, explained the situation, they let me in to Canada.
6) On 5/15 I returned to NY from Toronto. I was inspected in Toronto in what is called a Pre-Screening Area. Had to present my Original 2 AP documents+ passport+a customs declaration form you get at the Airport. At this point I was finger printer and had my picture taken. I then went into another room, where I gave an officer all my documents again. I waited about 45 minutes( good thing I got to the airport 3 hrs early), he called my name handed me back my passport with a stamp and one copy of the AP also stamped. I then proceed to go through metal detectors and on to my plane.
7)At JFK I just left from a normal exit, nobody asked me for anything.
8 ) I will be applying for adjustment of status through my Wife in about a week, I need to go to a Civil Surgeon first. Will keep everyone posted.
9) You do not get an I94 anymore if you arrive by airplane, however you can print one out from the CBP website. You just need to enter your passport number and name, dob.
If anyone has any questions feel free to ask,
Id like to thank this group, it gave me the courage to travel.
I'm glad everything went well for you! Thanks for sharing your experience. I just sent out my application for AP for humanitarian reasons. Yes thank god for this forum, it has also made me feel safe about traveling with AP.
__________________
Date Application Sent: November 23, 2012 via UPS. Lockbox Application sent to: Vermont
Date of Notice of Action Letter: November 28, 2012
Date of Biometrics Appointment: January 11, 2013
Date of Transfer to Nebraska: March 15, 2013
Date of EAD/DACA Approval Notice: April 29, 2013
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#5
05-16-2014, 12:36 PM
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Joined in Jul 2010
51 posts
naima
0 AP
At no point did you accumulate unlawful presence? So you will be doing AOS and not Consular Processing?
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#6
05-17-2014, 08:00 PM
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Joined in Apr 2014
43 posts
newlife2012
0 AP
I have about 10 years of unlawful presence. It is irrelevant though since I am married to a USC for 9 years now. The unlawful presence will not count against me. I will be doing AOS
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#7
05-17-2014, 09:15 PM
Senior Member
From Minnesota
Joined in Nov 2009
6,007 posts
Demise's Avatar
Demise
0 AP
Quote:
Originally Posted by newlife2012 View Post
I have about 10 years of unlawful presence. It is irrelevant though since I am married to a USC for 9 years now. The unlawful presence will not count against me. I will be doing AOS
Well where you say "employment based" people generally assume you mean "employment based AOS" where in fact illegal presence would preclude you from doing it.

You are adjusting as a spouse of a USC, only thing needed there is legal entry, so you're fine.
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#8
05-17-2014, 09:42 PM
Member
Joined in Apr 2014
43 posts
newlife2012
0 AP
Ah my mistake. I meant I got my Advance Parole through employment. I will do AOS through spouse.

I needed to get the AP to clear EWI
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#9
05-26-2014, 01:35 PM
Senior Member
Joined in Jan 2012
772 posts
Michcio07
0 AP
Interesting God, I am not sure what to do. 5 Months ago I had the chance to travel for work to Brazil for a week, declined and told my bosses that I simply do not wish to go (I don't have to go to these things but extra $$ is always nice to see + I love to travel). Now I have another opportunity to go and travel to Shenzhen China, again NO fucking clue, but I scared shitless to leave this country, as well I am done with 3 years of college, and if I don't get back in all that money that my parents spent $40k a year (private college) will go to waste.

Glad that you had no problems at all getting in, however when I was thinking about the trip to Brazil, I've contacted 3 lawyers and all 3 of them said that the risk is to high and each of them had a case where their client was not permitted by the CBP coming back from the country (All 3 of those cases were because of humanitarian reasons.)

So this post is super long / a rant but pretty much I have no idea what to fking do Fuck this country immigration system
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#10
05-26-2014, 06:05 PM
Senior Member
Joined in May 2006
6,569 posts
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Ianus
0 AP
Quote:
Originally Posted by newlife2012 View Post
9) You do not get an I94 anymore if you arrive by airplane, however you can print one out from the CBP website. You just need to enter your passport number and name, dob.
If anyone has any questions feel free to ask,
Id like to thank this group, it gave me the courage to travel.
If anyone is looking they can find it here.
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