Can I Travel to the U.S. as an Immigrant in Canada for a Visa Interview?

When you find yourself waiting in Canada for your U.S. immigration visa interview, the question of whether you can travel to the U.S. to visit family can be confusing. Here are some important considerations to help guide your decision.

1. Ensure You Don't Need a Visitor Visa

If you do not already have a US visitor visa (B1/B2 visa), you will likely need to return to your home country to apply. The U.S. has strict entrance rules for those with immigration intentions, making it difficult to obtain a visitor visa without proof of your intent to return home.

2. Understand Immigration Petitions and Visitor Visas

Since your immigration petition is still pending, the U.S. government might not grant you a B1/B2 visa. This is because they see an immigration intent, which is a red flag for visitor status. Thus, it is best to wait for your Green Card rather than trying to secure a visitor visa.

3. Avoid Exceeding the 90-Day Limit

If you do decide to travel to the U.S. for a short visit, remember that you are only allowed to stay for up to 90 days. Staying beyond this limit, or overstaying, can have significant consequences, including a ban from re-entering the U.S. for up to 3 to 10 years.

4. Maintain Evidence of Intention to Return

If you plan to enter the U.S. for a short visit, it is crucial to provide evidence that you intend to return. This could include non-refundable plane tickets or hotel bookings in your home country. The U.S. Customs and Border Protection (CBP) officer will make a determination based on your behavior, travel plans, and any evidence you provide.

5. Timing is Important

The recommendation from immigration experts is to wait until you reach a certain point in your processing—such as receiving one of the Notices of Action. At that stage, your progress through the legal process can act as an extra layer of evidence that you intend to return to your home country.

6. Consider Using the NEXUS Program

The NEXUS program can help you pre-clear US-Canada border crossings and also provides security pre-check at many airports. This can be a convenient and less stressful way to travel if you must visit the U.S. before your Green Card is issued.

Remember to consider all the factors before making a decision on travel. Waiting until you are at a certain stage in your immigration process can provide added assurance and reduce the risk of unwanted complications.

By following these guidelines, you can ensure a smoother and more secure travel experience while waiting for your U.S. immigration status.