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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0.226s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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komazawa12 ◴[14 Mar 25 17:18 UTC] No.43364786[source]▶
Hi Peter, I'm an E3 holder. Thinking about marrying my partner who is a LPR and have a couple of questions:

- I entered on the E3 status in January but went to Canada for 2 days in February, does the 90 day rule restart from when I came back in February or when I initially entered in Jan?

- Can I continue working in my role after I apply to change my status after marriage to my LPR partner?

- Typically how long would I be unable to travel abroad while waiting for parole/adjustment of status? Thanks so much!

replies(2): >>43365944 #>>43375901 #
1. junar ◴[14 Mar 25 18:54 UTC] No.43365944[source]▶
F2A (Spouses and Children of Permanent Residents) isn't current. Even after you marry and your spouse files I-130, you'll likely be in for a wait before you can file I-485 to adjust status. You can and should maintain your E-3 status in the meantime.

Since E-3 is not dual intent, the safest option is to avoid international travel until I-485 is approved. Re-entering on approved advance parole is allowed, but not if your I-485 is suddenly denied.