Hi Folks,
I hope following information will be helpful. I moved to Canada about 2 and a half years ago as a permanent resident from US while my US green card application was pending. My I-485 application, finally, got approved and I received my green card about 2 months ago.
Based on the information available on this form and elsewhere on the web, I was under the impression that you cannot be a permanent resident of both US and Canada. This information is incorrect as confirmed by both Canadian and US lawyers I contacted. Since getting my green card, I have crossed US-Canada border 4 times without any problems.
When entering US from Canada, I am asked following questions
Q. Where do you work?
A. <I give city,state of my company>
Q. How long where you out of the country?
A. < few weeks usually >
Q. Where do you live?
A. <I give my Canadian address>. US immigration officers don't like this response
Q. When are you moving to US? or Why are you living in Canada?
A. I got my green card recently and I am in the process to moving back to US.
Q. How long will it take you?
A. I give him a list of things I need to do before I can move back always emphasizing the fact that my *intention* is to move back (which BTW is true). I usually tell him that it will take me about a year.
Q. What is your status in Canada
A. Landed immigrant.
Q. When entering Canada, did you inform Canadian immigration officer that you are holding a Green Card?
A. Yes
and then immigration officer will let me in.
When entering Canada I am usually asked following question:
Q. Purpose of you trip
A. Work
Q. How long
A. days/weeks
Q. [sometimes] What is your status in US
A. green card (they don't like to hear that)
Q. You can't be a permanent resident of Canada and US
A. I will be living in Canada for another year or so before moving to US.
This is what I was told by Canadian and US lawyers
The only requirement to keep your permanent resident status in Canada is 2 yours of physical presence in any 5 year period. Your intention to move to another country has no bearing on your PR status in Canada
US permanent residency requires that you should never leave US with the attention to establish permanent residency in another country (even for a day). So, as long as you have this intent and can provide sufficient evidence to support your intention, your green card status is not in jeopardy. Also, bear in mind that onus is on the government to prove that you intended otherwise.
BTW, I am planning to keep dual PR status only for a year until I can wrap up from Canada (and also apply for Canadian citizenship) and move to US.
I hope following information will be helpful. I moved to Canada about 2 and a half years ago as a permanent resident from US while my US green card application was pending. My I-485 application, finally, got approved and I received my green card about 2 months ago.
Based on the information available on this form and elsewhere on the web, I was under the impression that you cannot be a permanent resident of both US and Canada. This information is incorrect as confirmed by both Canadian and US lawyers I contacted. Since getting my green card, I have crossed US-Canada border 4 times without any problems.
When entering US from Canada, I am asked following questions
Q. Where do you work?
A. <I give city,state of my company>
Q. How long where you out of the country?
A. < few weeks usually >
Q. Where do you live?
A. <I give my Canadian address>. US immigration officers don't like this response
Q. When are you moving to US? or Why are you living in Canada?
A. I got my green card recently and I am in the process to moving back to US.
Q. How long will it take you?
A. I give him a list of things I need to do before I can move back always emphasizing the fact that my *intention* is to move back (which BTW is true). I usually tell him that it will take me about a year.
Q. What is your status in Canada
A. Landed immigrant.
Q. When entering Canada, did you inform Canadian immigration officer that you are holding a Green Card?
A. Yes
and then immigration officer will let me in.
When entering Canada I am usually asked following question:
Q. Purpose of you trip
A. Work
Q. How long
A. days/weeks
Q. [sometimes] What is your status in US
A. green card (they don't like to hear that)
Q. You can't be a permanent resident of Canada and US
A. I will be living in Canada for another year or so before moving to US.
This is what I was told by Canadian and US lawyers
The only requirement to keep your permanent resident status in Canada is 2 yours of physical presence in any 5 year period. Your intention to move to another country has no bearing on your PR status in Canada
US permanent residency requires that you should never leave US with the attention to establish permanent residency in another country (even for a day). So, as long as you have this intent and can provide sufficient evidence to support your intention, your green card status is not in jeopardy. Also, bear in mind that onus is on the government to prove that you intended otherwise.
BTW, I am planning to keep dual PR status only for a year until I can wrap up from Canada (and also apply for Canadian citizenship) and move to US.
