Canadian on D Visa while application in process

[citipilo]

Hello,

My wife is an American citizen living in Canada with me, a Canadian citizen. I am an airline pilot and travel to the US often on a D Crewman visa using Global Entry. If I apply for I-140 and the green card, will I be able to continue to travel to the US for my job? Thank you.

[NettieL]

Hello,

My wife is an American citizen living in Canada with me, a Canadian citizen. I am an airline pilot and travel to the US often on a D Crewman visa using Global Entry. If I apply for I-140 and the green card, will I be able to continue to travel to the US for my job? Thank you.

You may want to look into the US Residency (domicile) requirement for the petitioner:
Look at "Is Residence in the U.S. Required for the U.S. Sponsor?" in this link: https://travel.state.gov/contenthttp...erence.html#10

Or is this employment based immigration, since you mention the I-140?

[citipilo]

You may want to look into the US Residency (domicile) requirement for the petitioner:
Look at "Is Residence in the U.S. Required for the U.S. Sponsor?" in this link: https://travel.state.gov/contenthttp...erence.html#10

Or is this employment based immigration, since you mention the I-140?

Sorry, I meant I-130. Just a spousal sponsorship, not work. Can she not sponsor me by mailing the application in to Chicago? That's what I gathered from your link. Thanks!

[NettieL]

Sorry, I meant I-130. Just a spousal sponsorship, not work. Can she not sponsor me by mailing the application in to Chicago? That's what I gathered from your link. Thanks!

To my knowledge, all Green Card processing in Canada is done through the US Consulate in Montreal.

[inadmissible]

The statutes authorizing C & D visas are silent as to any requirement that the alien overcome the presumption of immigrant intent. Unfortunately, this gives CBP wider latitude than they should have in deciding whether to admit C/D visa holders. That said, C/D visa holders are generally ineligible for adjustment of status within the United States, so it is easy for the CBP officer to reach the conclusion that your pending immigration process has no impact on their decision whether to grant you admission