Chang of nationality after GC

[nobody2006]

One of my friend had different nationalities before and after GC applicaiton. How can he change it.

He came into the US with a H-1 on his Idian passport. He appliced I-140 in 2005 and got approved in 2006. He submitted I-485 in 2007. Before his I-485 application, he got his Canadian passport, but did not use it when acrossing border, since his H-1 status comes with his Indian passport. Because his H-1 and I-140 based on his Indian passport, he continued using all the information for his H-1 and I-140 to apply I-485. Now his I-485 got approved. He is wondering how to change his status to a Canadian in the US. He wants to travel to Europe and using a Canadian passport will be much easier for visa reason. He asked me and I dont know. Can any one help please?

 

[nelsona]

Your GC has birth country. Other citizenships don't matter. It will ahve no impact on GC, or future naturalization.

Your friend should look after his own questions.

 

[mmed]

GC priority date, visa availability, rules.......etc have nothing to do with citizenship(S) you have, it is the place of birth which control all that. Just use your canadian citizenship if applicable and this will not affect your (his/her) GC application

 

[ilanand39]

nobody2006,

Can you clarify the timeline first? AND how is he holding dual passports since INDIA does not allow you to hold Dual passports (When he received his Canadian Passport, he WAS supposed to have surrendered his Indian Passport, his Indian Passport clearly says so), since he ceased to be an INDIAN citizen as of Date of issue of Canadian Passport.
why does he not write for himself? This does not seem right.

 

[AlexMN]

Just hand the European passport control people your Canadian passport and be done with it. When you board the plane back to the US, show them the Indian passport and other paperwork confirming the legal status in the US. What's the big deal? Well, I guess the big deal is that you supposedly abandoned your Indian citizenship...

 

[Johnkent]

Just hand the European passport control people your Canadian passport and be done with it. When you board the plane back to the US, show them the Indian passport and other paperwork confirming the legal status in the US. What's the big deal? Well, I guess the big deal is that you supposedly abandoned your Indian citizenship...

You are right. Just show canadian passport in Europe and Indian Passport in America.

 

[Triple Citizen]

The Indian passport is no longer valid.

You are right. Just show canadian passport in Europe and Indian Passport in America.

 

[hipka]

not legal

The person is in trouble for not canceling his Indian passport the moment he got Canadian citizenship. He is no longer an Indian national the moment he gets canadian citizenship. When applying for 485 he cannot be using Indian passport as its not valid.

 

[Murad312]

I don’t think it right to travel on two passports, When you enter Europe they stamp your passport and when you are coming back with Indian passport, you have no stamp. I don’t about legality but it does not seem right to use multiple passports on one journey unless you are in wrong business.
I changed my citizenship after Green Card but in my case I still have Pakistani Passport and travel on Pakistani passport for last 4 years. But now I have to travel a lot, especially to India and Europe and that is a BIG pain as a Pakistani passport holder, so I am thinking of using the Canadian passport Can I do it? My main concern is not to jeopardize my Green Card and American Citizenship in the future. Am I safe to stop using my Pakistani citizenship in my future travels and start using Canadian?

 

[Triple Citizen]

According to whom?

I don’t think it right to travel on two passports

The issue here is not the number of passports being used, but the fact that Indian citizens cease to be Indian citizens upon acquiring any other citizenship.

When you enter Europe they stamp your passport and when you are coming back with Indian passport, you have no stamp.

That statement is totally wrong. When I travel from Chicago to Toronto, I have no choice but to identify myself as a Canadian citizen to Canadian officials and as an American citizen to American officials.

I don’t about legality but it does not seem right to use multiple passports on one journey unless you are in wrong business.

You did not change your citizenship, you acquired another one.

I changed my citizenship after Green Card but in my case I still have Pakistani Passport and travel on Pakistani passport for last 4 years.

Indian consulates and embassies will still require clearance from New Delhi, since clearance requirements are based on place of birth. New Delhi conducted a 20 month long background check on me before allowing the Chicago consulate to grant me a visit visa on my Canadian passport.

But now I have to travel a lot, especially to India

Sure you can, you are a Canadian citizen after all.

so I am thinking of using the Canadian passport Can I do it?

You will in no way jeopardize your green card or US citizenship chances by using your Pakistani, Canadian or both passports!!!

My main concern is not to jeopardize my Green Card and American Citizenship in the future. Am I safe to stop using my Pakistani citizenship in my future travels and start using Canadian?

 

[Murad312]

TripleCitizen
Does Indian Consulate take that much time every time you travel to India? or is it only for the first time you apply fo Indian visa?

 

[Triple Citizen]

I have visited India only once. Hopefully again some day.

 

[Murad312]

did they keep your passport at the consulate for 20 months?

 

[cafeconleche]

People use multiple passports all the time. The only problem is that you will be in violation of Indian citizenship law. However, enforcing these laws is very difficult. Honestly, you will probably be fine going in and out of the US and Europe on just your Canadian passport since he has a green card (unless he doesn't have the actual card yet, but just a stamp, in which case he'll have to use the Indian passport to re-enter the US.

 

[TheRealCanadian]

The only problem is that you will be in violation of Indian citizenship law.

I'd venture you'd be in violation of more than that. If, as I understand it, that Indian law automatically strips citizenship from anyone naturalized in another country, then the Indian passport becomes invalid, whether India notices or not. And I am pretty certain that it is a violation of US law to enter with an invalid passport.

(unless he doesn't have the actual card yet, but just a stamp, in which case he'll have to use the Indian passport to re-enter the US.

He should still use the Canadian passport, and present the stamp in the invalid Indian passport as proof of permanent residence.

 

[Triple Citizen]

No, they just kept copies of my Canadian passport's bio page and my green card.

did they keep your passport at the consulate for 20 months?

 

[cafeconleche]

He should still use the Canadian passport, and present the stamp in the invalid Indian passport as proof of permanent residence.

Ah, this makes more sense.

 

[nobody2006]

nobody2006,

Can you clarify the timeline first? AND how is he holding dual passports since INDIA does not allow you to hold Dual passports (When he received his Canadian Passport, he WAS supposed to have surrendered his Indian Passport, his Indian Passport clearly says so), since he ceased to be an INDIAN citizen as of Date of issue of Canadian Passport..

The same as China, Chinese passport should be surrendered when becoming citizen of other country.

Came to the US as H-1 after applying Canadian citizen. Canadian citizen was approved10 months later, while I-140 had been applied and approved. As using two passports is kind of risky, old passport with H-1 stamp was used to come back to the US. I-485 is still on pending now. In US record, he is not Candadian. Keeping in original status may be easier for GC processing, but also Problematic.

What and How?