For those hopeless 2001 and early 2002 filers who wish to apply for Canadian GC as a backup, can such application jeopardize the I-485? As the Canadian application requires a no criminal letter from the FBI, and if you have a pending name check with the FBI, would this trigger a report to USCIS that you are abandoning the US GC application? Your thoughts are much appreciated.
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Abandoning I-485
- Thread starter GCNYFEB04
- Start date
GCNYFEB04 said:For those hopeless 2001 and early 2002 filers who wish to apply for Canadian GC as a backup, can such application jeopardize the I-485? As the Canadian application requires a no criminal letter from the FBI, and if you have a pending name check with the FBI, would this trigger a report to USCIS that you are abandoning the US GC application? Your thoughts are much appreciated.
No, your Canadian PR application itself does not cause any problem for US I-485. But probably you know that upon approval of both, your Canadian PR and US PR, you cannot keep both at the same time.
Yes, it will. Both US and Canada immigration authorities are averse to "convenience immigration" applications. You're assumed to have intention to reside "permanently" in the country on your GC status. That's why the 180-day residence rule comes in to kind of enforce that.
So please forget about Canada immigration if your true intention is US GC. You'll be asked about your current status in US, are you going to say "AOS pending"?
So please forget about Canada immigration if your true intention is US GC. You'll be asked about your current status in US, are you going to say "AOS pending"?
circa said:Yes, it will. Both US and Canada immigration authorities are averse to "convenience immigration" applications. You're assumed to have intention to reside "permanently" in the country on your GC status. That's why the 180-day residence rule comes in to kind of enforce that.
So please forget about Canada immigration if your true intention is US GC. You'll be asked about your current status in US, are you going to say "AOS pending"?
Absolutely not. There is no harm or problem for PR application at both Canada and US. Paremanent residency does not start until you are approved. So the question of 180 days residence rule does not come to picture until your Canadian PR or US PR status is approved.
Bottomlime is that you are not PR until you are approved. Therefore the PR rule does not apply before that.
But after getting PR approval from both countries, you can keep only one of them.
Even revealing "AOS pending" is fine, because just filing I-485 does not result in GC approval always. "Intention" comes in question only after when you get it.
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Thanks to all who responded. There seems to be a conflict of views. Anyone has or has heard of any real life experience with this? Obviously, anyone with a I-485 pending for 3 years would not just wish to immigrate to Canada for convenience, it's only a backup. Would it help to announce such an intention, i.e., U.S. PR is first priority, when contacting the FBI?
GCNYFEB04 said:Thanks to all who responded. There seems to be a conflict of views. Anyone has or has heard of any real life experience with this? Obviously, anyone with a I-485 pending for 3 years would not just wish to immigrate to Canada for convenience, it's only a backup. Would it help to announce such an intention, i.e., U.S. PR is first priority, when contacting the FBI?
Probably you don't want to explicitly mention anything but leave things to chance and hope for the best.
My experience is that they don't appreciate your thoughtfulness so much, but rather see you as a confused individual with no single-minded and clear goal. I often heard they say "you're thinking about too many scenarios, what exactly you want?"
Got the point? BTW, I'm speaking from my own personal experience.
GCNYFEB04 said:Thanks to all who responded. There seems to be a conflict of views. Anyone has or has heard of any real life experience with this? Obviously, anyone with a I-485 pending for 3 years would not just wish to immigrate to Canada for convenience, it's only a backup. Would it help to announce such an intention, i.e., U.S. PR is first priority, when contacting the FBI?
My wife has canadian PR and she has on AOS in US. She has travelled on AP many times and no asked any question why she has Canadian PR and now under AOS in US. So I think they don't bother .. in real its like impossible to maintain two countries PR.
GCNYFEB04 said:Thanks to all who responded. There seems to be a conflict of views. Anyone has or has heard of any real life experience with this? Obviously, anyone with a I-485 pending for 3 years would not just wish to immigrate to Canada for convenience, it's only a backup. Would it help to announce such an intention, i.e., U.S. PR is first priority, when contacting the FBI?
Well, it's forum. Therefore, you will get different viewpoints. If you really want to clear the fog, you should discuss with an immigration attorney.
As for immigration law, you are not PR until your I-485 is approved. Therefore you don't have to worry about the rules of PR status. As you are an non-immigrant now (you are not immigrant until your I-485 approved), it's perfectly fine to apply for Canadian PR or even having Canadian PR status. However, as it mentioned before, situation changes after you get your I-485 approval. After I-485 approval, you should give up Canadian PR status if you have one.
How about this
How do we give up Canadian PR status. My 485 is approved a month ago and i have a valid PR card from past 15 mos which will get invalidated in next 8 mos, if i donot stay foot there and stay physically for 3 years and file taxes.
I am in states right now and don't even travel there.
So at this moment i am PR of 2 countries.Do i voluntarily hand over my PR card to Canadian immigration authorities or let the boat sail as it is (i mean let my Canadian PR status go by not meeting their residency requirements).
How do we give up Canadian PR status. My 485 is approved a month ago and i have a valid PR card from past 15 mos which will get invalidated in next 8 mos, if i donot stay foot there and stay physically for 3 years and file taxes.
I am in states right now and don't even travel there.
So at this moment i am PR of 2 countries.Do i voluntarily hand over my PR card to Canadian immigration authorities or let the boat sail as it is (i mean let my Canadian PR status go by not meeting their residency requirements).
You don't need to do anything, just by not abiding by the residence rules, you automatically lose your legal PR status of Canada. Yes, you may still keep your cards and everything, but legally speaking, they're not valid anymore. You're not supposed to continue to get any PR benefit after that, although in reality, you may or may not get caught if you do. If you do get away with it by luck, that's fine, otherwise, you're in trouble. The situation is just like driving without a valid driving license.
So the conclusion , let it go by not meeting thier residency obligations. Anyway i don't forsee going or moving there in next couple of years.circa said:You don't need to do anything, just by not abiding by the residence rules, you automatically lose your legal PR status of Canada. Yes, you may still keep your cards and everything, but legally speaking, they're not valid anymore. You're not supposed to continue to get any PR benefit after that, although in reality, you may or may not get caught if you do. If you do get away with it by luck, that's fine, otherwise, you're in trouble. The situation is just like driving without a valid driving license.
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No one cares..
I had Canadian PR and no one cared or cares what immigration I have afaik.
One immigration officer was curios to know why I am moving to US.
One can have multiple PRs. Whether you are elgible for US immigration is a different ball game.
Canadian PR will lapse after 6 months normally. I don't see any conflict.
Man
I had Canadian PR and no one cared or cares what immigration I have afaik.
One immigration officer was curios to know why I am moving to US.
One can have multiple PRs. Whether you are elgible for US immigration is a different ball game.
Canadian PR will lapse after 6 months normally. I don't see any conflict.
Man
jish said:How do we give up Canadian PR status. My 485 is approved a month ago and i have a valid PR card from past 15 mos which will get invalidated in next 8 mos, if i donot stay foot there and stay physically for 3 years and file taxes.
I am in states right now and don't even travel there.
Normally you don't need to do anything. But never buy a property in Canada and never file tax in Canada. Secondly, don't travel to Canada "as Canadian PR" - never show Canadian PR card at Canadian POE. Either show your US green card or Canadian visa (visitor/business or whatever).
jish said:I am in states right now and don't even travel there. So at this moment i am PR of 2 countries.
Technically you are not Candian PR, even if you have Canadian PR card. Just having card does not mean you are PR. It's true for US green card too. If have US green card (which is valid for 10 years), but abandoned US PR status, you are not US PR.
pralay said:Normally you don't need to do anything. But never buy a property in Canada and never file tax in Canada. Secondly, don't travel to Canada "as Canadian PR" - never show Canadian PR card at Canadian POE. Either show your US green card or Canadian visa (visitor/business or whatever).
Technically you are not Candian PR, even if you have Canadian PR card. Just having card does not mean you are PR. It's true for US green card too. If have US green card (which is valid for 10 years), but abandoned US PR status, you are not US PR.
The only difference with Candian PR is , you can retain residency status if you physically stay in Canada for 3 years out of 5 and file taxes. Unlike US GC which requires your physical presence of 180 days in one calendar year , unless you file for returning resident permit for 1+ year absence.
The clock begins at the first landing date in Canada as with your passport stamped with immigrant visa. So in effect my PR status is still valid till Aug-2005 although i haven't filed any taxes or lived there for more than 5 days.
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jish said:The only difference with Candian PR is , you can retain residency status if you physically stay in Canada for 3 years out of 5 and file taxes. Unlike US GC which requires your physical presence of 180 days in one calendar year , unless you file for returning resident permit for 1+ year absence.
Actually for US GC, 180 days rule is not for PR status, but for continuous residency (living more than 180 days breaks the continuous residency, which can affect the eligibility of applying citizenship on due time - because 3 years of continuous residency is required for citizenship). A person who lives more than 180 days (but less than 1 year) does not loose US PR status automatically.
jish said:The clock begins at the first landing date in Canada as with your passport stamped with immigrant visa. So in effect my PR status is still valid till Aug-2005 although i haven't filed any taxes or lived there for more than 5 days.
That's true. Candian PR is more flexible for keeping PR status while living abroad.
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