CP Destination Question....

R

RamFan

Registered Users (C)
Hi Guys,

Here is my situation:

I am a landed immigrant (permanent resident) of Canada since March 19,2003 and a citizen of India. Currently, I am working in United States on H-1B visa for past 4 years. Is it possible for me to apply for adjustment of status (To U.S permanent residence) through consular processing in Canada?

I did write an e-mail to U.S. consulate in Montreal in Canada and following is their response:

From : Montreal-IV/DV <Montreal-IV/DV@state.gov>
To : "XXXXXXX”
Subject : RE: Consular processing Question
Date : Tue, XX Apr 2003 XXXXXX

Once your petition is approved it will be sent to NVC and as long as you can prove that you are still a landed immigrant in Canada, then you can apply in Montreal.

vm

-----Original Message-----
From: XXXXXX
To: Montreal-IV/DV@state.gov
Subject:Consular processing Question

Dear Sir/Madam,

I am a landed immigrant (permanent resident) of Canada since March 19, 2003 and a citizen of India. Currently, I am working in United States on H-1B visa for past 4 years. Is it possible for me to apply for adjustment of status (To U.S permanent residence) through consular processing in Canada?

If you are unable to answer my question, would you be kind enough to re-direct it to the appropriate department. I would truly appreciate it.

Thanks,

XXXX
_________________________________________________

I do have my valid Canadian PR cards to prove my immigrant status in Canada. Do I need to contact NVC to be 100% sure or I can apply for CP in Canada?

I would appreciate your response in this matter.

Sincerely,

RamFan
 
RK

RK,

An attorney expressed some doubts about it on another forum (reason: not lived in Canada). I was just wondering if someone else on this forum has some experience or trying to get CP in Canada on similar ground.

Thanks,

RF
 
Resident of Canada

RamFan,

You can apply for CP process through a US consulate in India. Since you have been in US for last 4 years and just got the residency from Canada, you will have to start staying in Canada or do the minimum to maintain your Canada residency. I am not sure if the Canada requirement is also 6 months of stay in the Canada to maintain the status. If you don't maintain the Canada residency status and and your interview falls at a given time in future in the US consulate in Montreal, the Canadian immigration might give you hard time at the port of entry, when you do go for an interview.

Nobody can stop you from going to India for an CP interview in US embassy/consulate.

Thanks & Good Luck.
 
Thanks CoDelhi, but....

CpDelhi,

First of all thank you for you advice. I would like to clarify few things regarding maintaining Canadian residence status. Canada has re-hauled their residence law. Now you have to stay in Canada for 3 years out of total 5 years to maintain your residence. In other words you can stay outside Canada for 2 years. Six months law is no longer in affect.

So, I can stay outside Canada almost 2 years (since I got my residence bin March 2003) and still be able to maintain my Canadian residence.

I am hoping to apply for CP in Montreal. But I am pursuing this matter with lot of caution. Just want to make sure that it can be done.

Thanks,

RamFan
 
Re: Thanks CoDelhi, but....

Originally posted by RamFan
CpDelhi,

First of all thank you for you advice. I would like to clarify few things regarding maintaining Canadian residence status. Canada has re-hauled their residence law. Now you have to stay in Canada for 3 years out of total 5 years to maintain your residence. In other words you can stay outside Canada for 2 years. Six months law is no longer in affect.
I am not up to speed with the Canadian immigration laws. Please make sure you understand all the things that might affect you. Make a gameplan with good knowledge base. Consult an expert Canadian immigration lawyer and discuss your intent.

So, I can stay outside Canada almost 2 years (since I got my residence bin March 2003) and still be able to maintain my Canadian residence.
Make sure you can be out of the country for a stretch of two years from day one.

I am hoping to apply for CP in Montreal. But I am pursuing this matter with lot of caution. Just want to make sure that it can be done.
Consult an expert Canadian Attorney and US immigration attorney and make a good strategy.

Good Luck in your endeavors.

Thanks,

RamFan
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