Becoming a Canadian PR while I-485 in process - Advise / Counsel needed

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sairam1

Registered Users (C)
ok... here is the scoop... I need help

I have been breaking my noodle on this for a long time now...
I have my landing papers .. valid until 3/13/2003 ..

I have my I-485 in process. Finger printing done for US Green Card.

I would like to land in Canada and return to the US immediately. I am H1B holder valid until 2004. Visa stamped on passport

Will the completion US GC approval process be affected if I become a Canadian PR?

Will the INS question my intent of becoming a US Permenent Resident, because I would be a Canadian PR (on-paper)?

Anybody done this before?

Have any of you landed in Canada during 485 stage and gone on to become a US GC holder without any problems or qustions asked?

Responses appreciated .... Please share your infortmation / thoughts / analyses, gurus ...

Thanks a lot in advance
 
I had candian PR before starting my process. In I-140 i have mentioned that i am a landed immigrant in Canada. My i-140 got approved without any RFE.

Anyway for your case, I believe you dont have to let INS know that you are going to land in canada. And as far as I remember you dont have to mention also in your I-485 form. As you have already in the I-485 stage it should not be a problem. But as always this is my opinion. Please seek some legal advice and see what other responses you get from this forum.
 
Do't u get stamped on the passport if u r landed immigrant in canada. And i guess you have to submit the whole copy of passport. By laws a person cannot have a PR of two contries he has to give one up . so after u get ur GC here u have to giveup the canadian pr . Check with some lawyer.
 
ghost-rider

THe stamp on the passport to become a canadian PR is a new development. I obatined my landing documents prior to when the new rule came into effect. So I do not have a stamp on the passport.

As for the law (not sure if it is the law ... but close enough), yes ... you have to give up one.

But is it as simple as giving up.... or will the INS Immigration officer question my intent of being a US Permanent Resident at the time of GC stamp? (because my passport will have a Canadian PR stamp at that time if I land now)

I know for a fact that the INS rules require the INS Immigration officers to make a determination on the following 2 aspects:

1. Does the person for whom the I-485 has been approved demonstrate the ability to continue to maintain a US Permanent Resident status?

2. Does the person show the ability to pay US taxes?

This determination is done at the time you personally visit the INS office after the receipt of your I-485 approval notice for stamping.

The confusion therefore is, will the existence of a stamp that says I have become a Canadian PR since the time I applied to become a permanent resident of US, be detrimental to a positive determination of demonstration of intent to the questions above?

There is a obvious conflict of interest above .... right?

It is easy for me to not to land in Canada... but at the same time, I dont want the money spent on it going waste... and also want to protect myself from the vagaries of employment & economy and the whims of INS ....


Help me please

Thanks all in advance
 
I feel one should declare that one has PR of canada and it will not harm his GC here cause u can always decalre if called for interview that you will be giving up that PR . But if u do't declare and INS finds out some how then problems might be there specially in todays conditions. So no harm in declaring cause u r trying to establish ur new resident and willing to give up old one.
Just my thougths check up some good lawyer .
 
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