Canadian Residency

I

Imran Khan

Registered Users (C)
I recently became landed immigrant of Canada. I have also applied for US permanent residency, the application is still pending (RD Jan 2000). After landing we returned to US using advance parole. When INS officer saw the Canadian immigration stamp he said our landed immigrant status in Canada could affect our US I-485 application. He also said that now if you try to go back to Canada the immigration officer there may stop you if he sees advance parole/AOS stamp on your passport. He also xeroxed our passports (Am I being paranoid or is it a routine). We are really concerned about this and I would rather withdraw my Canadian immigration if it affects my US I-485 application. My lawyer does not agree with this and says that I can make a decision once my I-485 is actually approved, as long as I continue to live and work in USA. I would welcome any comments.
 
No Title

I am a Canadian Permenant resident myself and INS knows it becuase my passport had a stamp on the visa page. It hasn\'t mattered a bit and I spoke to my lawyer about it and he said.. relax once you get US perm. residency, you can decide which to keep.

bottom line, don\'t worry.. nothing is gonna happen..
 
No Title

Thanks Bhanu for your reply. I need to go back to Canada to obtain social insurance and complete other formalities. Could I face any problem at Canadian border? What should I tell the Canadian immigration officer when he sees the USA advanve parole/AOS stamp on my passport?. If he does not allow me to enter Canada then would I be allowed to go back to USA on my advance parole or can I be asked to go back to India (my home country)?
 
No Title

When you enter Canada, don\'t tell anything about the AP or anything until asked. Being a Canadian PR, the immig. officr is primarily concerned whether you have overstayed outside as opposed to AP stuff. The immigration authorities cannot legally disallow you from entering Canada without a just cause because you are a PR.The fact you are a Canadian PR, the US has to allow you without even a valid visa because these countires have NAFTA agreements (North American Free Trade Adgeement).

So, don\'t worry

BK
 
No Title

Imran,

I have canadian PR for three years and I am living and working in US. I also have a AP/AOS stamp in my passport. I cross US canada border 12-15 times a year without much problem. I only had tough time once when I forgot to take my H-1 I-94 out of the passport when entering canada and was called inside. Even though they found out that I was working in US they could not do anything. I told them yes I have h-1 and used to work for US company but now am in canada and trying to find a job. IIO said this is a grey area and will let you go this time but said be careful next time. After this incident I let my wife drive the car while going in canada because she is canadian citzen and they don\'t ask any questions. While coming back to US I never had any problem.

As far as canadian PR affecting I-485, I don\'t know. I have talked to my lawyer and she says it is no problem. I guess I have to wait and see what happens at the time of US GC stamping.
 
No Title

Thanks Bhanu and Kuljit for your reassurances. I guess I would go back to Canada one of these days and apply for SIN card etc and complete other formalities. I will post my experience for the benefit of others. You guys have saved me $300 that I was going to spend on a consultation with an attorney and I am sure he would have given me the same reply. Now I have mailed that check to Gujrat earthquake fund started by an Indian temple in our area.
 
You must log in or register to reply here.
Top