EAD and Canadian PR processing

W

wktu

New Member
Hi guys,

This may not be the right group to discuss this. But I guess
you guys could shed some light on this particular issue.

I have been working on EAD since mid of this year and expecting
to hear something on my I-485 case (RD Nov'01). I had applied
for Canadian permanent residency last year and things went
quite smooth on that. Right now I received a letter from the
Canadian Consulate to submit my passport so that they can
issue immigration class visa (IN-1/IMMIGRANT) and my 'landing
papers'. I need to have these stuff to enter Canada and get my
permanent residency papers.

Now I wonder if any such steps towards Canadian residency
might jeopardise my I-485 case with the INS. Does having
Canadian 'IN-1/IMMIGRANT' visa stamped on my passport can
create any problem with the INS at the time of stamping my
passport or even at the interview stage if I have to go for one ?

Or does this suggest my active intention to abandon the U.S.
Green Card ? Can an INS immigration officer deny my I-485
application after seeing this visa on my passport ?

I personally feel that this should not matter to the INS. If I were
posed with such questions from the INS, I will make it clear that
I have strong intention to become U.S. permanent resident.
Moreover, I am willing to give up my (plans of) Canadian
residency.

What do you think ?

All comments are welcome.

Thanks!
 
I am almost in the same boat and have the same questions in my mind for a long time. Can somebody please answer?

wktu : please stay in touch and post any information you get on the issue. As you are ahead in both canadian PR and I485. Your experiance will tremendously help me in future. Right now I am waiting for canadian letter for passport submission.
 
I guess this is one of those gray areas where INS does not have well defined policies (what I read on some immigration sites).
Some sites (like USVisaNews.com) would give conservative views to be safe on their part saying that applying for canadian permanent residency might be seen as deserting your I-485 application ( reason being how can one be permanent resident of two countries at the same time).

Having said that, i don't think it would cause any issues though. INS might not even notice your canadian stuff.
 
same here

Can you let me what is time line for you to submit the passport for the stamping. What if you need passport for US stamp at same time. I heard in some case Canda consulate can hold you passport for 4-5 months.

Do we have to send passport in order to get landing paper. I always though they will send landing paper first, then you get visa stamp at the time you are landing at port.

Although I though it shouldn't matter wheather you have canada visa stamp or not for your US stamp, but who knows, bad thing can happen especially under current enviroment. INS is unpredictable.

Please let me know what is maximum time you were given to send out your passport.
 
I sent my passport recently for stamping candian Visa . dont know howmuchtime it might take.

let see
 
Info please

Hi
My brother applied in oct2001.Still he has not heard any thing from buffalo office for canada immigration.
what is your file date for canada immigration.
thaks
 
Guys,

I am going with my plans to send the passport to the Canadian
Consulate. Will see what happens.

To 52000: The letter I received states that I need to submit my
passport within a month after receiving the letter. I am expecting
to get my passport back in 2-3 weeks. Moreover, I don't expect
November RDs to start getting approved for another 2 weeks.
So, I guess I am okay.

To gaddam_sivarama: my file date was Oct 30, 2001. Got
interview waiver in July 2002, and this letter on Oct 31st. Hope
this helps.

- wktu
 
wktu

Please keep me update about this stamp and I thingk I will go through this soon.
 
My friend sent passports for stamping on Oct 07,02 and did not get these back yet. Some lawyer told him it takes 4-6 weeks to get back the passports. Will update when he receives the passports.
 
What happened next ?

wktu,

I am in the same situation that you were then in 2002. Please let me know if I should send my passport to Canadian consulate for the stamp or should I refrain myself from doing this. My green card process is at a stage where I have my EAD but i have to wait for almost 2 years for I-485 approval.

Thanks for the help.
-tsb20
 
I sent my passport for Canadian PR stamping in June and got it back in 15 days. So thats not really the issue. The issue I think you guys would face after that, as I faced, is when to land. Once they stamp the passport you have to show the landing within one year from your medical exam...thats the expiry date shown on the PR VISA. In most cases one gets couple of months to show the landing. So, be prepared to go to Canada, show landing, become a PR and then come back. I checked with some attorney's and they did not see any problem in showing the landing as the Canadian PR and GC are 2 independent processes. Keep your papers right while coming back. If you are on H1 and have your valid I94, while going to Canada you don't have to surrender that. Thats good for entering back .


Thanks
 
Guys ,

You posted this in wrong location.

But i have some answers for your questions

Canada PR and US PR is two different things.

Once your Visa is approved you need to send your passport for stamping that usually take anywhere between 4 to 8 weeks.

Once visa is issued you have to land before the medical given date.

wktu, Since your RD is NOV'01 you might get your US PR soon. Even though you have canadian PR on ur passport ,US INS Never deny ur US GC. I am landed immigrant . If you have any questions please email me.

Take care
 
Sometimes I wonder how you're going to maintain the PR status for two countries? I mean down the road ...
 
Many Canada PR got their US GC stamped without any hassle and I dont think its a big issue. INS officials wont mind if you have any other country residency. It all depends on how you meet the criteria after getting the GC.

Once you file 485, INS has to make decision and mostly it is approval and the day you receive ur approval letter you are permenant resident of US, stamping is just a temporary evidence for job or for travelling outside the country.

This is my opinion and you might have to ask any lawyer for professional advice.
 
You must log in or register to reply here.
Top