Green Card & Canadian Immigration

G

GCWhenGC

Registered Users (C)
Hi.,

I have applied for canadian immigration and now the process is complete.

at the same time my I485 is in final stages.

I am not sure what to do now............canadian immigration says i have to land in canada in specified time.........i have a job here,can i still work here if i land in canada?

do i need to inform INS about my canadian immigration?

if my I485 gets approved, will i have a chance to take green card and forget about canadian immigration?

thanks in advance for suggestions.......
 
No conflict

Of course you can land in Canada first. You don't have to move to there now. I believe you chose to apply Canada PR just for back up purpose. Just land there first, come back and continue working. You don't need to inform BCIS. If your 485 goes through, forget about Canada PR. If there is any problem, you will always have the chance to move to Canada as long as not more than 2 years out of CANADA since Canada allows landed immigrants out of country for 2 years our of five years.
 
jjcat_gc,

Your view looks great, one question, if i dont tell INS about my canadian immigration and when i go to get GC stamped, the officer might see my passport and may ask me about canadian immigration, right.............so just wondering what should i tell him
 
As far as I'm aware there is no requirement that you need to inform INS about immigration to other countries ....
Since this is not required, why do you want to volunteer information ?

BTW, stamping after 485 approval is purely an administrative task - they don't make any decisions and can't reject anything :)
Worst case scenario - if this question comes up in your interview ( if it happens), you can always explain your intentions and state that you would like to be a US resident now :) - no big deal !

GCWhenGC said:
jjcat_gc,

Your view looks great, one question, if i dont tell INS about my canadian immigration and when i go to get GC stamped, the officer might see my passport and may ask me about canadian immigration, right.............so just wondering what should i tell him
Click to expand...
 
I agree with max2k1. I don't think INS folks even bother to look at your passport pages. I haven't had chance to get my passport stamped with US GC(hope it will come soon). But I have used my h1b visa in and out of USA many times with Canada landed immigrants stamp on my passport. There were never a question asked about this.
Don't worry. you will be fine.
 
jjcat_gc said:
Of course you can land in Canada first. You don't have to move to there now. I believe you chose to apply Canada PR just for back up purpose. Just land there first, come back and continue working. You don't need to inform BCIS. If your 485 goes through, forget about Canada PR. If there is any problem, you will always have the chance to move to Canada as long as not more than 2 years out of CANADA since Canada allows landed immigrants out of country for 2 years our of five years.
Click to expand...

My friend jjcat_gc

Who told you that Canada allows 2 years out of country for people with PR? I am Canadian and work here in US. Canadian Immigration law states that if anyone with PR stays out of Canada for more than 6 months his/her PR become useless and the person will not allowed to enter Canada. If the Canadian government got to know that a person has both PR and Green Card they request the PR holder to chose between GC or PR.
jjcat_gc please do not pass any advice on the things you do not know. This is very serious issue and need a great attention.

My friend GCWhenGC
Get advance parole and go to Canada get your PR and try to visit Canada just by crossing the border every 4 month till you get your GC. After GC you can do what ever you want on your Canadian card.

Regards,

wwossen
 
wwossen said:
My friend jjcat_gc

Who told you that Canada allows 2 years out of country for people with PR? I am Canadian and work here in US. Canadian Immigration law states that if anyone with PR stays out of Canada for more than 6 months his/her PR become useless and the person will not allowed to enter Canada. If the Canadian government got to know that a person has both PR and Green Card they request the PR holder to chose between GC or PR.
jjcat_gc please do not pass any advice on the things you do not know. This is very serious issue and need a great attention.

My friend GCWhenGC
Get advance parole and go to Canada get your PR and try to visit Canada just by crossing the border every 4 month till you get your GC. After GC you can do what ever you want on your Canadian card.

Regards,

wwossen
Click to expand...
This rule has been changed long ago. As of Mar 2002, the residency requirements were changed from 6 months out of every 365 days to 2 years out of every 5 years.. and they have done away with the RRP .. returning resident permit
 
Hi Guys,

Here is a link for you reference:
http://www.cic.gc.ca/english/skilled/after-3.html
After landing, you could leave Canada right way, but you must live in Canada for two years in every five year period. This is official anouncement, live in Canada for two years in every five year period. That means you could stay out of Canada for almost 3 years after your landing. Once you get GC from US, you will decide which one you want to keep, Canada GC or US GC.

You have to apply for AP before you leave US, even if to Canada.

Please check with your attorney for advice before you leave US.

Peter
 
peterwang60 said:
...
You have to apply for AP before you leave US, even if to Canada.
...
Click to expand...

You can still use your (vaild) non-immigrant visa (like H1) for travel - correct ?
You don't necessarily need an AP - correct me if I'm wrong.
 
max2k1 said:
You can still use your (vaild) non-immigrant visa (like H1) for travel - correct ?
You don't necessarily need an AP - correct me if I'm wrong.
Click to expand...

No you need visa to enter Canada if you have H1 or I485 pending cases. Only GC holders allowed to enter Canada without Visa.
 
wwossen said:
No you need visa to enter Canada if you have H1 or I485 pending cases. Only GC holders allowed to enter Canada without Visa.
Click to expand...
Let me try and re-phrase ...

I mean - you can use your H1 (if its still valid) to re-enter the US. You would need a Canadian visa to enter Canada ...

You don't necessarily need an AP to return to the US.

Thanks
 
max2k1 said:
Let me try and re-phrase ...

I mean - you can use your H1 (if its still valid) to re-enter the US. You would need a Canadian visa to enter Canada ...

You don't necessarily need an AP to return to the US.

Thanks
Click to expand...


NO AP needed to reenter to US if you have valid H1
 
H1 valid but not stamped

I have H1 extension but it is not stamped on passport. I have learnt from another thread that one can come back even without stamping. Any comments ??
 
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