Usa Green Card

Question:

Now the question is whether I can sponsor her without her leaving the USA? Would she be able to stay or extend her stay beyond 90 days or for as long as the sponsorship papers are pending? I believe it takes 5 years these days for a Green Card holder to sponsor his spouse? Would she be able to apply for EAD card (Employment Authorization) as part of my sponsoring her so that she can find a job in the US while waiting for her Green Card which takes upto 5 years?

Answer:

I recently acquired Green Card here in the USA. I have a quick question about sponsoring my wife. She is a Canadian Permanent Resident and came to the US as a visitor. We got married last week in New York. Being a Canadian Permanent Resident, she entered US without a visa and I believe she is allowed to stay in USA for upto 90 days without a visa.

If she cannot stay here legally in the US while her application is pending, what other possible strategies are there to keep her here legally?

I would highly appreciate your opinions on this matter.

Six months I think (certainly true for Canadian citizens; I'm not sure about landed residents).

No she cannot remain and no she cannot get an EAD because she is not eligible for an immediate visa so has no basis for remaining / working.

Pretty much she will have to come here on her own merits. The two options that spring to mind are for her to come as a student or, if she has the right skills, find an employer who will sponsor her for an H1.

Correct. Canadian citizens can visit the US for up to six months unless told otherwise at the port of entry.

Persons who hold landed immigrant status in Canada and who are citizens of a country in the British Commonwealth or Ireland, can also visit the US for up to six months without a visa.

Otherwise, the only other way to visit the US without a visa would be if she entered under the Visa Waiver program. In this case, the fact that she was a landed immigrant in Canada would not matter, and she would be normally admitted for 90 days, with no extension or adjustment of status possible. Only citizens of certain countries are allowed to enter the US under the Visa Waiver.

First, having a Canadian PR status does not have the right to enter US. Only citizens of Commonwealth countries + Canadian PR holders at the same time can do that.

When they enter US, they can stay up to 6 months.

Applying for GC dangerous for her. Look http://www.grasmick.com/morefaq.htm question 16 for details. She can loose Canadian PR if she has an immigrant intent while leaving Canada.

I suggest her to get Canadian citizenship first, and only then think about getting GC.

As somebody else pointed out, that's only true if she is also a citizen of a country with common nationality as Canada (i.e., a Commonwealth country).

No. Unfortunately, it takes 4 1/2 years until she would be eligible to even remain in the US based on your sponsorship.

There are a couple things you could do. Consult with a good immigration attorney before doing anything:

- live separately, with her in Canada. That's what the US law intends

- she can try to get a visa to the US in her own right. For instance, a student visa or an H-1B would be candidates if she qualifies. If she wants to get a student visa, be sure NOT to sponsor her for a Green Card right now.

- become a US citizen as soon as you can, and sponsor her then.

- give up your Green Card, and reapply for a new one, this time with her.