I applied for a green card in 1996. My immigration attorney filed the application using a U.S. address, although we live in Windsor and commute to Detroit. My wife and I have filed I-485 for adjustment of status. We received advance parole and my wife received an employment authorization last week. We remained in USA temporarily after we filed I-485 until we received advance parole. We reside in Windsor we commute to Detroit to work every day. Since we now have advance parole, can we go back to Windsor and live there and commute to Detroit everyday until we receive our green card approval?

Your situation is highly irregular. Although no specific time limit is imposed upon your departure from the United States, advance parole is intended to be for temporary absences only. The fact that you are residing in Windsor and commuting to the United States suggests that your absence from the United States is more than just temporary.

I am surprised that your lawyer suggested this strategy. Perhaps it is because you or your wife would not have qualified for a work authorization unless you were a pending adjustment applicant. However, if this is not the case, you may wish to consider consular processing your case in Montreal rather than adjusting your status.

Since there is no specific authority prohibiting you from staying in Windsor and re-entering to work every day, you should be able to continue doing it. However, there is still a risk that an INS officer at the border will deny you entry if he feels that you are abusing advance parole.

I'm a Canadian citizen and a permanent resident of the United States. I wish to attend a 4 year Master's Program in Architecture in Canada, but I don't want to lose my permanent resident status. What would be the best way to approach this situation?

If you are planning on attenting a 4 year program in Canada, you must seek a reentry permit or you will run the risk of losing your status. There is a brief discussion of reentry permits in our article on maintenance of permanent residence. Your reason for travelling to Canada (i.e. to attend school) should be an acceptable basis for issuing a reentry permit.

Is a state license to practice medicine required to get an H-1B? I had one interview in Wisconsin and they said that I would be granted a state license after one year of residency training.

According to the INS regulations, if an occupation requires a state or local license for an individual to fully perform the duties of the occupation, an alien seeking H classification in that occupation must normally have that license prior to approval of the petition to be found qualified to enter the United States and immediately engage in employment in the occupation. However, if a temporary license is available and the alien is allowed to fully perform the duties of the occupation without a permanent license under the supervision of a licensed professional, H classification may still be granted. In addition, in certain occupations which generally require licensure, a state may allow an individual to fully practice the occupation under the supervision of licensed senior or supervisory person in that occupation. In this situation, an H petition may also be granted.

I recommend that you check with the state licensing authority in Wisconsin to determine whether a temporary license is available, which would allow you to fully perform the duties of a physician under the supervision of a licensed physician. If not, find out whether they will permit you to fully perform the duties of a physician without a license if you work under the supervision of a licensed physician. If either is permitted, you will not require a license to get an H-1B petition approved.

I am a Dutch citizen holding a J-1 Visa and currently training in the United States. My fiancee is a Dutch citizen as well. I am getting married in 2 weeks in Las Vegas. My wife will then go back to the Netherlands to apply for a J-2 Visa. Will she be able to work under J-2 status, or does she still have to apply for a work permit?

A J-2 dependent does not automatically have the right to work. However, a J-2 may apply for employment authorization at the local INS office having jurisdiction over the J-1 principal's temporary place of residence in the United States. Generally authorization is granted in cases where there is need to assist in the support of minor children or to enable the J-2 dependent to maintain a lifestyle comparable to that at home.

Income earned by the J-2 dependent may not be used to support the J-1 alien. However, the J-2 alien's income may be used to support the family's customary recreational and cultural activities and related travel, among other things.

J-2 employment may be authorized for the duration of the J-1 principal alien's authorized stay as indicated on Form I-94 or a period of four years, whichever is shorter. The employment authorization is valid only if the J-1 is maintaining status.