Canadian PR and US GC ---- Need advice

A

awaaz

Registered Users (C)
Folks/Gurus

I initiated employer sponsored GC back in 2003. Got tired to waiting and applied and got Canadian PR in 2005. I moved to Canada but continued working for US company. Last month 'labor certification' stage of my GC application completed and I filed for I-140/I-485. I will be getting my Advance Parole and EAD shortly (in a month or 2). I will complete my 3 year residency requirement in 2008 and will file for Canadian citizenship. So my questions are:

1. Is there a problem to travel between Canada and US using advance parole (US) and PR card (Canadian)?
2. Will I get in trouble if my GC is approved before completing 3 years?
 
1. Is there a problem to travel between Canada and US using advance parole (US) and PR card (Canadian)?

-- No problems as such - but it could trigger some questions regarding what place you would like (finally) as your permanent residence.

2. Will I get in trouble if my GC is approved before completing 3 years?

-- Again, it depends on your intentions. If your goal is to get cdn citizenship, then yes, getting a GC before you are eligible to apply for the cdn citizenship will be a problem. Also, if you still plan to commute between 2 countries with PR cards of bothe countries, it could certainly be a problem.
 
1. Is there a problem to travel between Canada and US using advance parole (US) and PR card (Canadian)?

-- No problems as such - but it could trigger some questions regarding what place you would like (finally) as your permanent residence.

>> I will continue to live in Canada until my GC is approved and this is what I am planning to tell at US POE. After GC is approved, I will move back to US.

2. Will I get in trouble if my GC is approved before completing 3 years?

-- Again, it depends on your intentions. If your goal is to get cdn citizenship, then yes, getting a GC before you are eligible to apply for the cdn citizenship will be a problem. Also, if you still plan to commute between 2 countries with PR cards of bothe countries, it could certainly be a problem.

>> If I complete 3 years of residency requirement before GC is approved, I will apply for Canadian citizenship. Otherwise, I will abandon Canadian PR and use US GC.
 
Hi Awaaz,

I am facing the same situation but in my situation i already have valid IR visa in my PP for US and i have 10 more months for CDN Citizenship. I dont know what to do. My IR visa is expiring very soon so i m planning to go to US soon and will figure abd the CDN PR later on. Dont knw what gonna happen. Any suggestion .

Thx
 
What I am doing is differnt

I am commuting 4-5 days a week from CA (P.R. -9 months now) to US ( H1b -7th yr- Labor - done applied I140). I stay at CA, I have CA driver's license, all stay record even CAR and other purchases at CA.
I am planning to stay 30 more days extra than that required for Citizenship.

Can I leave CA then after applying for citizenship and work with the current employer to get GC?


Please suggest can I file for CP and can my interview happen iat CA or at the country of birth?
 
Can you please tell me how are you commuting from US to Canada. Daily you have to go through immigration and customs check or there is some kind of different way.
 
commutting

I am going to work from Canada to US.
There is no differnt way. YOu have to go through immigration and customs.
If you go through the process once, you will understand.
 
Hi Folks,

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.
 
Please refer to your question where you have said that "the officers do not like these answers". On these lines, if you run into some strict officer (especially on the US side), he could interpret that your intention is to abandon US green card and therefore you could land into troubles. Cdn side could be mad too, but because of the 2 out of 5 yr rule, the chances of losing status are low. But still, the situation could turn ugly based on your answers at the border. (In such cases, person talks something - being scared/nervous - which turns the situation into the nightmare)

Regarding the advice from lawyers: The immigration officers have full authority to take an action against your status if they suspect sufficient grounds to do so. They do not give a damn about your lawyers advice.

Your experience was good, but what happens next time is never guaranteed.

awaaz said:
Hi Folks,

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.
Click to expand...
 
According the Canadian law you have to be present in Canada for 2 years of every 5 so you can keep you PR!
According the USA law you have to be a month in the USA so you don't loose your GC!

So you live in Canada for 3 years and at the same time each year you are visiting USA for a month to keep your status.After getting you Canadian citizenship you are moving to USA and after 5 years you are becoming a US citizen.
Simple as that. If you are afraid to come from Canada to USA go to your homecountry and fly from there or go to Mexico and enter from there.
Hope my advice helps.
 
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