Can I enter into U.S. using Canadian passport and visa waiver while waiting for green card?

I’m U.S. citizen. I applied for green card for my parents and their process is almost finished, they did the interview in the consulate as well, but final step is administration review or security check which is an open ended step and nobody answers to questions, and consulate keeps telling us to check their website to see if their case is ready or not. My parents have Canadian passport and can enter U.S. with visa waiver. If they want to come to U.S. as visitors and stay for few weeks for birth of their first grandson using their Canadian passports and visa waiver, would it be any problem for their entrance with green card later? Can they enter U.S. while their green card is not finalized? I’ve heard and read contracting facts around that.

Asked on September 13, 2017 under Immigration Law, California

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Technically and legally yes they can but practically speaking they may be stopped at the border because of the pending green card application and may not be permitted to enter the US.  It really depends on the border officer as it is usually the prerogative of the inspection at the border as to whether or not to let a person in in this type of situation.


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