Applying for PR in another country

L

lee_haircut5

Registered Users (C)
Folks,
I need your opinion. If a GC holder (from asylee) applies for a PR in another country (3rd country, of course, not country of origin) - what consequences does that action carry? Potential rejection of citizenship?

Here is my situation:
I have a sibling who lives in Australia (an Aussie citizen). My sibling, however, cannot sponsor my mother to be an Aussie resident because Aussie has a 'funny' rule.

It's not sufficient to be an Aussie citizen to sponsor your parent. You have to have the 'majority' of your children to live in Aussie or be an Aussie resident. For e.g., if you have 3 kids - 2 of your 3 kids have to be Aussie PR or citizen before you even can be sponsored by your kids. So, if only 1 out of 3 is Aussie citizen - that ain't enough.

My mom has 3 kids. Problem is - only my one sibling is Aussie citizen. My other sibling is waiting for his GC approval here in the US (his ND was January 2001). So, my intention of applying is not to abandon my US residency but rather to allow my sibling in Aussie to sponsor my mother. If the Aussie immigration see that my mom has one citizen kid and one PR kid, they'll approve my mom's PR in Australia.

Unlike US, Aussie has a point-based system for applying to be a PR and I know that I qualify based on my age, education, and skill.

So my questions to the wise people on this forum:
1. Will the act of applying as an Aussie PR jeopardize the US GC?
2. Will this come up during naturalization process/interview?
3. If I send my app from the US, will the Aussie immigration share this info with USCIS?

If you know of someone in similar situation or who is going through similar situation, please share. And even if you don't, share your opinions anyway. I have learned a bunch from people on this forum.

gracias,
lee_haircut5
 
I had asked a lawyer about PR In Canada and according to him, you can apply but the actual settelment is what can cause you to lose your status. NO matter if your an asylee or a GC holder.

So lets say you apply now and you get a GC interview in 3 months..while ur aussie PR is in process...USCIS cannot deny you because you are not "firmly" settled in another country....if you were already an Aussie PR then you could lose your asylee status since you are settled in Australia now and have their protection.

But in theory if you are a GC holder, you need to be in country 2 out of 5 years...But i am not sure..you should still ask a lawyer to make sure...
 
Should be no problem. They can only recind the adjustment of status if they find out within five years after your adjustment date that you are not eligible at the time of adjustment. Wait for a couple of months so there's a gap just to be safe, and also call a legit attorney that advertise free consultation(s) to confirm before you do so, in case there's a new change in the law. For peace of mind..

INA: ACT 246 - RESCISSION OF ADJUSTMENT OF STATUS
Sec. 246. [8 U.S.C. 1256]


(a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 245 or section 249 of this Act or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and canceling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this Act to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien's status prior to commencement of procedures to remove the alien under section 240, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien's status.1/


(b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 340 of this Act as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
 
A green card holder CANNOT become a permanent resident of another country. One of the main conditions of maintaining your green card is that you must have the intent of staying permanently in the United States. If you immigration to another country you will be deemed to have abandoned your green card as a matter of law.


jackdanie7 said:
Should be no problem. They can only recind the adjustment of status if they find out within five years after your adjustment date that you are not eligible at the time of adjustment. Wait for a couple of months so there's a gap just to be safe, and also call a legit attorney that advertise free consultation(s) to confirm before you do so, in case there's a new change in the law. For peace of mind..

INA: ACT 246 - RESCISSION OF ADJUSTMENT OF STATUS
Sec. 246. [8 U.S.C. 1256]


(a) If, at any time within five years after the status of a person has been otherwise adjusted under the provisions of section 245 or section 249 of this Act or any other provision of law to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall rescind the action taken granting an adjustment of status to such person and canceling removal in the case of such person if that occurred and the person shall thereupon be subject to all provisions of this Act to the same extent as if the adjustment of status had not been made. Nothing in this subsection shall require the Attorney General to rescind the alien's status prior to commencement of procedures to remove the alien under section 240, and an order of removal issued by an immigration judge shall be sufficient to rescind the alien's status.1/


(b) Any person who has become a naturalized citizen of the United States upon the basis of a record of a lawful admission for permanent residence, created as a result of an adjustment of status for which such person was not in fact eligible, and which is subsequently rescinded under subsection (a) of this section, shall be subject to the provisions of section 340 of this Act as a person whose naturalization was procured by concealment of a material fact or by willful misrepresentation.
Click to expand...
 
to thankful and jackdanie7

thankful - My intention is to live here in the US permanently. I just need the Aussie PR as a workaround to solve the 'majority' rule so that my sibling can sponsor my parent to be Aussie resident. Does that count? Or the law does not distinguish the intent behind the scene? Is the mere act of applying considered the abandonment of the intent?

jackdanie7 - thanks for the paragraph. What was teh basis of ineligibility at time of adjustment?

gracias,
lee_haircut5
 
By applying for Australian immigration you are legally promising that government you will make Australia your permanent home. So you must abandon your US residence if you are to satisfy the requirements for an Australian immigrant visa.


lee_haircut5 said:
thankful - My intention is to live here in the US permanently. I just need the Aussie PR as a workaround to solve the 'majority' rule so that my sibling can sponsor my parent to be Aussie resident. Does that count? Or the law does not distinguish the intent behind the scene? Is the mere act of applying considered the abandonment of the intent?

jackdanie7 - thanks for the paragraph. What was teh basis of ineligibility at time of adjustment?

gracias,
lee_haircut5
Click to expand...
 
A lot of things, for example if you’re not eligible for asylum in the first place or if you lie on your asylum application.. If you move to Australia and intend to live there permanently, that’s a totally different question. You may be found to have abandoned your U.S. PR, just like if you file your tax return as a nonimmigrant.

First, find out if the Australia requires you to move there to get their PR. Different countries have different rules on this. If they don’t, that’s great but if they do, it’s probably best that you wait for your citizenship since they may raise a question on 1). Second, consult with a lawyer whether your reasons are sufficient as a defense in case they do raise a question on 1). Weigh the pro and cons, then make your decision.

You may be found to have abandoned your permanent resident status if you:
1) Move to another country intending to live there permanently.
2) Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
3) Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
4) Fail to file income tax returns while living outside of the US for any period.
5) Declare yourself a “nonimmigrant” on your tax returns.
 
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