Citizenship Problem

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direfan

Registered Users (C)
Hi All,
I am hoping somebody can answer my question. Here's the deal:
I received my permanent resident status in June of 1994. At that time I was going to school in the US and spending the rest of my time in Canada. So , since June of 1994 I have definetely spend more than 3 years in Canada. In June of 2001, I married a US citizen and applied for a green card and now am working as a contractor in the US. I applied for my Canadian citizenship and was called to take the citizenship test. While scrutinizing my passport, they determined that I now work in the US and told me that I could take the test but I would be required to meet with an immigration judge. Does that mean I will not be eligible to receive Canadian citizenship? Are these judges tough? I still spend a lot of time in Canada as I work as a contractor in the US. They told me that I would receive the appointment with a judge in 3-4 months. I took the test anyway as they recommended that I take it. I am really disappointed as I would really like to be a Canadian citizen and keep a green card? Am I out of luck? Thanks for your comments and advice.
 
The judge will ask you to explain your situation. If you can prove ties in Canada, then you should be fine.
 
Vault
Thanks a bunch for your reply. Can you please clarify as to what you mean by "ties". I have never really worked in Canada as I received my PR status when I was studying in the USA. SO I don't have a job history in Canada. What other "ties" will they be looking for. Also, will the fact that I have a US green card be a problem?
 
do you pay taxes in canada? do you have a house or rent(ed) an apartment? from'94 onwards till now can you show anything at all that suggests you kept your presence in canada alive? lease papers, active bank account (statements?), motorvehicle, any family in canada? all/any of this might help.
in my opinion the judge wants to see/believe your genuine allegiance to canada and these factors will probably help prove your case.
 
Priya75 and jackchen20022002 thanks for all the helpful replies. To reply to your question, Yes I have an H1B stamp on my passport that has been cancelled as I now have PR status in the US through marriage. I have filed my taxes since 1994 and have an active bank account in Canada. Also, my entire family lives in Canada.
 
Originally posted by direfan
Priya75 and jackchen20022002 thanks for all the helpful replies. To reply to your question, Yes I have an H1B stamp on my passport that has been cancelled as I now have PR status in the US through marriage. I have filed my taxes since 1994 and have an active bank account in Canada. Also, my entire family lives in Canada.
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If the above is true, I don't foresee any problems. Just be cool and answer with an eh~ to the judge :D. Make sure you take all the documents with you when you see the Judge.
 
do it in a rite way

direfan...here is an option u can tell to judge...a H1B stamping on ur passport doesnt mean ur really working on project..u cud go for stamping and say went for trainging for that specific company...and u required h1b to get trained from that company...all the best...n chill
 
Re: do it in a rite way

Originally posted by mebobby
direfan...here is an option u can tell to judge...a H1B stamping on ur passport doesnt mean ur really working on project..u cud go for stamping and say went for trainging for that specific company...and u required h1b to get trained from that company...all the best...n chill
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Thats right!! Lie to the Judge about your H-1B stamp! Then also lie about your US PR stamp in your passport!! I just can't understand some folks! Also be aware for every lie you tell, you willhave to tell another lie, and you will get caught in the end. It's not worth it!
 
I'm not sure this's the right thread to seek info, but hope will get some:

I am living in canada with PR status and applied for citizenship last month. However, recently received US green card (sponsored by my husband) and planning to move to US within couple of weeks. Is there will be any problem for canadian citizenship process since I will be absent till citizenship exam? Is it ok to leave canada after applying citizenship and come back for exam? Any related info will be greatly appreciated.
 
direfan,

when you fill in your application, if you meet the criteria, that is you fufilled 1095 days in canada, that's all is needed of you. you can leave canada on 1096th day and the process can go on in your absence. *but* keep in mind that you are responsible for the mail from CIC, meaning, you can't skip your test date and oath w/o informing them or getting it rescheduled and also in case they need any extra info. and remember, CIC doesnt send mail to any post box.

hope this helps.
 
Thanks Priya75 for clearification.
what I understand is, there shouldn't be a problem to carry US green card while Canadian Citizenship is in process. Is it critical at canadian border crossing (Detroit-Windsor) with the status of US taged car & living in US? what type of document canadian officer like to see first at the border (GC or PR)? Any help will be appreciated.
 
Yes, you are right, you can hold a US GC and apply for canadian passport but the crucial point is the confliction of laws for residency maintenance. For instance, canada required earlier for you to be living here 183 days a year and in order to file for the passport, you should in total have lived here for 1095 days. And US GC also required some similar residency. So due to that, when you file for canadian passport and if they know you got a US GC (and this is a hazy part, the fact that does CIC know of your US status), be assured they will definitely check whether you met the legal requirement of canadian residency.

When you are entering canada, honestly it's upto you how you want to enter, as an american or canadian. Either way you can come in and it's not a problem. If you pose as a GC holder, they will consider you a tourist and ask related questions. It's also possible they won't even figure you are canadian too. If you come as a canadian resident, they will ask you the related questions like how long you were out of Canada and etc. It's possible they might know you are a US GC holder too.
 
not a problem

question 1 u have to resolve is where you will live - if u live in the US and have met your 1095 days there is no problem if you never spend 1 day in the rest of your life in Canada. You will still get your citizenship. But I woud always enter Canada as a PR (until u get ur Canadian pasport) and enter the US as a LPR (post i-551 stamp)
 
Thanks for your responses....
I am planning to live in US due to my husband's job relocation. I am in canada since more than 3 years and attending university till now. (My husband holds canadian passport and US green card.)
 
My concern is if I use US GC to enter Canada (by air), will they find out I'm also Canadian PR? Will Canada share information w/ USA? Can anyone suggest what status I should use to enter Canada from USA? Thanks! :)
 
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