becoming canadian citizen while USA Gc pending

programmer76

Registered Users (C)
Hi,

I've applied for USA GC in EB3 category and my I485 is pending (cleared labor and I140). I’m also a Canadian PR. I'm thinking about applying for Canadian citizenship because of this retrogression mess. If I become Canadian citizen before my I485 is approved then what will be the consequences to my USA GC application?

(1) My GC was filed using Indian passport. But after I become Canadian citizen my Indian passport will not be valid. What will happen to my GC process in USA then?

(2) If I become Canadian citizen then can it be helpful to me? Because I will be not from EB3 India but EB3 world general which is running faster than India?

(3) What happens regarding my wife? She is my dependent in this GC application? Even after I become Canadian citizen, She will still hold Indian passport. She doesn't have Canadian PR and she is not going to become Canadian citizen. What will happen to her GC process?

(4) I understand that i will have to go to canada two times after applying citizenship..first time to give the test and second time to take the oath. However I don't have H1 stamp in my passport anymore. I"m travelling back to usa using advance parole. If they ask for my usa status during citizen interview and even during travelling back and forth from canada to usa during this process , I"ve to mention to them that i've applied for usa greencard and already cleared two steps for it and i'm in the final stage I485( adjustment of status to get usa GC as well as holding canadian PR in my posession) and that's why travelling using AP (advance parole) . Can this be a problem?

Folks please guide me what to do? If this path is risky and can create troubles in getting my USA GC then I better not take it.

Thanks to all.
 
I've applied for USA GC in EB3 category and my I485 is pending (cleared labor and I140). I’m also a Canadian PR. I'm thinking about applying for Canadian citizenship because of this retrogression mess. If I become Canadian citizen before my I485 is approved then what will be the consequences to my USA GC application?

-- Nothing happens to your US green card process when you change citizenship..But the question is regarding your eligibility to become a cdn citizen. You have to live in Canada for 3 years (yes, physical presence, not by just keeping someone else's address and by filing tax returns) OUT OF LAST 4 YEARS...not in any timeframe...This last 4 years is very important.

My GC was filed using Indian passport. But after I become Canadian citizen my Indian passport will not be valid. What will happen to my GC process in USA then?

-- Nothing. But you should consult with your attorney and seek their advice/keep them well informed. They will give you the accurate info.

If I become Canadian citizen then can it be helpful to me? Because I will be not from EB3 India but EB3 world general which is running faster than India?

-- Even if you become a cdn, it will not benefit/expedite your GC process. The priority dates are based on the country of birth - not the country of citizenship.

What happens regarding my wife? What will happen to her GC process?

-- Nothing happens to her - her status is not affected.

I understand that i will have to go to canada two times after applying citizenship..first time to give the test and second time to take the oath. However I don't have H1 stamp in my passport anymore. I"m travelling back to usa using advance parole. If they ask for my usa status during citizen interview and even during travelling back and forth from canada to usa during this process , I"ve to mention to them that i've applied for usa greencard and already cleared two steps for it and i'm in the final stage I485( adjustment of status to get usa GC as well as holding canadian PR in my posession) and that's why travelling using AP (advance parole) . Can this be a problem?

-- I am not sure about travelling using the AP. Talk to your attroney.
 
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