Having US green Card & Canadian PR card??

no_name said:
But after I filled out the form, they replied, saying that although I do not have tie in Canada, I also do not pay residence tax to US, therefore I should still be residence for tax purpose.
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If you are an F-1 student, then you by definition CANNOT be a US tax resident, and cannot declare Canadian non-residency.
 
TheRealCanadian said:
If you are an F-1 student, then you by definition CANNOT be a US tax resident, and cannot declare Canadian non-residency.
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Considering that you are on F1, see if you can use one of these 2 ways to get around this issue:

1. I assume that you do not have much income since you are on F1. Therefore, figure out your cdn tax by filling out the form. Take all exemptions since you are considered as a cdn resident. Most probably, in this case, you will owe no tax. If this is the case, send that form and make the money hungry CRA happy.

2. If #1 mentioned above is not the case, most probably you are not in Canada for 2 years out of last 5 years (condition required to be a PR of Canada). Clearly, you have ceased to be a PR of Canada. Write this to CRA and ask them to leave you alone. Tell them since you have no connection to Canada now, you owe them nothing and might owe (if you owe) to your country of citizenship.
 
Need Urgent Advise

Dear Friends,

In 2004 we took Canada PR and landed in canada from USA (on H1 in US).
At the same time we filed our I485 (filed just a month before landing in Canada)
We were there in canada only for one hour and then came back to USA.
After that we didn't go to Canada at all and remained in USA and we didn't maintain our status in Canada. We didn't even apply for SIN.
Now few days back we got US GC and we want to visit our home country and then come back after a month.

Do we face any questions on Canada PR at US Port of entry though we have not maintained our status there?
Or do I have to relinquish Canada PR before we go on vacation?

Please advise. It is very urgent for us.
email saithprasanth_1980@yahoo.com

Thanks in advance.
 
saiprasanth_us1 said:
Dear Friends,

In 2004 we took Canada PR and landed in canada from USA (on H1 in US).
At the same time we filed our I485 (filed just a month before landing in Canada)
We were there in canada only for one hour and then came back to USA.
After that we didn't go to Canada at all and remained in USA and we didn't maintain our status in Canada. We didn't even apply for SIN.
Now few days back we got US GC and we want to visit our home country and then come back after a month.

Do we face any questions on Canada PR at US Port of entry though we have not maintained our status there?
-------------------------US has nothing to do with your Canada PR, when enter US show your GC.
Or do I have to relinquish Canada PR before we go on vacation?
--------------if you go to Canada enter with US GC and when enter US also show your US GC
Please advise. It is very urgent for us.
email saithprasanth_1980@yahoo.com

Thanks in advance.
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---------------------
 
Ginnu, TRC and other gurus,
I have the PR for canada in 2004 and also i got the US GC recently. I never paid taxes in Canada and never stayed in Canada.
So, if i visit Canada in future, then i can show the US GC at Canada?
No need to show the Canada PR?
Do they ask what is the purpose or any questions related to Canada PR status at Canada - Port Of Entry?

Thanks for your response.
 
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hopeofgc said:
Ginnu, TRC and other gurus,
I have the PR for canada in 2004 and also i got the US GC recently.

I never paid taxes in Canada and never stayed in Canada.
--------------that OK
So, if i visit Canada in future, then i can show the US GC at Canada?

-------------show your US GC when enter Canada and show your US GC when enter US
No need to show the Canada PR?
---NO
Do they ask what is the purpose or any questions related to Canada PR status at Canada - Port Of Entry?
---------------- if they notice the Canada immigration stamp on your passport they Can ask . You can also surrender your Canada PR card/status and fill up the form ( ask for the form from Canada immigration officer).

Thanks for your response.
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for more info read:
CANADA Loss of Permanent Resident Status under IRPA
http://www.dfait-maeci.gc.ca/world/embassies/korea/permanent-en.asp
http://www.cic.gc.ca/manuals-guides/english/enf/enf23e.pdf
 
hopeofgc said:
Thanks for your response ginnu. So, i need to fill out a form at Canada POE for surrendering the Canada PR?
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Yes ,if you want to Relinquish Canada Permanent Resident Status.
Take a "Renounce PR" ticket from the ticket dispenser. An officer will then call you to a booth and complete the appropriate declaration. The officer will explain the contents and effect of the declaration. The officer will then have you sign it and then witness the signature.

FYI if you show US GC when enter Canada and they dont ask for passport or dont look at passport for Canada immigration stamp then no need to waste the time at border and just enter with US GC

****update us after your visit.
 
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ginnu said:
Yes ,if you want to Relinquish Canada Permanent Resident Status.
Take a "Renounce PR" ticket from the ticket dispenser. An officer will then call you to a booth and complete the appropriate declaration. The officer will explain the contents and effect of the declaration. The officer will then have you sign it and then witness the signature.

FYI if you show US GC when enter Canada and they dont ask for passport or dont look at passport for Canada immigration stamp then no need to waste the time at border and just enter with US GC

****update us after your visit.
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Thanks for your response. I have opened an bank account in Canada in 2004 and never used it since then. Now, i want to close that bank account in Canada, so for that i am assuming i might need to show them Canada PR for closing the account. I'm not sure if i can close the account by phone or online. So, i don't want to surrender the Canada PR now.

I guess at Canada POE, i would just show the US GC card, not show my passport.
 
Hi Folks,

I hope following information will be helpful. I moved to Canada about 2 and a half years ago as a permanent resident from US while my US green card application was pending. My I-485 application, finally, got approved and I received my green card about 2 months ago.

Based on the information available on this form and elsewhere on the web, I was under the impression that you cannot be a permanent resident of both US and Canada. This information is incorrect as confirmed by both Canadian and US lawyers I contacted. Since getting my green card, I have crossed US-Canada border 4 times without any problems.

When entering US from Canada, I am asked following questions

Q. Where do you work?
A. <I give city,state of my company>

Q. How long where you out of the country?
A. < few weeks usually >

Q. Where do you live?
A. <I give my Canadian address>. US immigration officers don't like this response :)

Q. When are you moving to US? or Why are you living in Canada?
A. I got my green card recently and I am in the process to moving back to US.

Q. How long will it take you?
A. I give him a list of things I need to do before I can move back always emphasizing the fact that my *intention* is to move back (which BTW is true). I usually tell him that it will take me about a year.

Q. What is your status in Canada
A. Landed immigrant.

Q. When entering Canada, did you inform Canadian immigration officer that you are holding a Green Card?
A. Yes

and then immigration officer will let me in.

When entering Canada I am usually asked following question:

Q. Purpose of you trip
A. Work

Q. How long
A. days/weeks

Q. [sometimes] What is your status in US
A. green card (they don't like to hear that)

Q. You can't be a permanent resident of Canada and US
A. I will be living in Canada for another year or so before moving to US.

This is what I was told by Canadian and US lawyers

The only requirement to keep your permanent resident status in Canada is 2 yours of physical presence in any 5 year period. Your intention to move to another country has no bearing on your PR status in Canada

US permanent residency requires that you should never leave US with the attention to establish permanent residency in another country (even for a day). So, as long as you have this intent and can provide sufficient evidence to support your intention, your green card status is not in jeopardy. Also, bear in mind that onus is on the government to prove that you intended otherwise.

BTW, I am planning to keep dual PR status only for a year until I can wrap up from Canada (and also apply for Canadian citizenship) and move to US.
 
awaaz, thanks for the helpful post. Got a few questions for you.

1. When you cross into Canada and declare that you are PR, do they ask you for your passport?
2. I have Indian passport and Canadain PR. While crossing do I just give the PR card to the officer and then the passport if asked?
3. I wonder if they track when you leave Canada. To my knowledge, there is no arrival/departure cards such as I-94 for PRs. How will they know about how long you were out of the contry?

Thanks for your reply in advance.
 
Will you have 1095 days (in the last 4 years) on Canadian soil? Or you will go the "judge" route?

awaaz said:
BTW, I am planning to keep dual PR status only for a year until I can wrap up from Canada (and also apply for Canadian citizenship) and move to US.
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deba_sinh said:
awaaz, thanks for the helpful post. Got a few questions for you.

1. When you cross into Canada and declare that you are PR, do they ask you for your passport?
------------------you show Canada PR card and they can ask for passport
2. I have Indian passport and Canadain PR. While crossing do I just give the PR card to the officer and then the passport if asked?
------------------YES, most of the time at border they dont ask for Passport
3. I wonder if they track when you leave Canada. To my knowledge, there is no arrival/departure cards such as I-94 for PRs. How will they know about how long you were out of the contry?
--------------------they will ask you and if you lie the can they can ask the the evidence like where were you staying in Canada, your Phone # of Canada, your work place info and then they can find out if you lie.
Thanks for your reply in advance.
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Why are you asking these questions? What are your intentions?
 
Ginnu, thanks for your reply.
My problem is I am Canadian PR on H1B in US. My visa has expired and I will be travelling on AP to get back to the US.
Obviously if the ask my status, I have to state that I am on H1B in the US. I have no intent to lie that way because it is just too easy to find out.
My issue is with the 2 out of 5 years timeframe. I am waiting for my AP to travel because that way I could fall back on geting back to the US with a valid status.
 
deba_sinh said:
Ginnu, thanks for your reply.
My problem is I am Canadian PR on H1B in US.
My visa has expired and I will be travelling on AP to get back to the US.
-------------show the AP when enter US, if you get H1 Visa stamp then show H1 visa stamp and get I-94

Obviously if the ask my status, I have to state that I am on H1B in the US.
---------------if the Canada immigrationask your status in US then tell on H1 (they dont ask your status in US they will ask your status in Canada and when did you left canada)
I have no intent to lie that way because it is just too easy to find out.

My issue is with the 2 out of 5 years timeframe.
-------------when did you land in Canada? when did you last visited Canada or Left canada?
I am waiting for my AP to travel because that way I could fall back on geting back to the US with a valid status.
-----------------what is your problem with US status? I hope you have H1 extension or H1 transfer approval with valid I-94. you have I-485 pending and your status in US is H1 and AOS pending? what is problem with US status?
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-------------------
 
Triple Citizen said:
Will you have 1095 days (in the last 4 years) on Canadian soil? Or you will go the "judge" route?
Click to expand...

The only reason I am sticking around in Canada is to complete my 1095 days. Sadly, my application, most likely, will be routed through a judge (which can take an additional 18 months or so) because I have to declare US PR plus I made 20+ trips to US in the last 4 years. I am planning to leave Canada the day I complete 1095 days :)

I love Canadian immigration policies. Everything is in black and white there is no crap about intentions.

BTW, since my last post, I have made about 3 trips to US without any problems.
 
Hello awaaz,

your post was very detailed and helpful, thanks

I have been staying in windsor, only for 1 year on my Canadian PR. I filed for adjustment of status in July '07 to get EAD in US. Now, I am in a dilemna as to whether I should move back to US to avoid jeopordizing the Adjustment of Status or stay in Canada to attain citizenship.

Can I continue to commute from Windsor if I have a 2 years long valid H1 stamped on my passport?

Precisely, is there any way for US or Canadian border officials to find out that I filed for Adjustment of status in US while I am still living in Windsor?

I want to stay for two more years to apply for Canadian citizenship because as you said "everything is black and white in Canadian PR, as compared to US PR". I am not really sure o the final outcome of US PR while Canadian citizenship is pretty straight forward.
 
awaaz is right. At first I had people telling me that no you can't have two PRs because logically you cannot have two and having one means giving up the other, etc. Out of curiosity I approached the immigration office in both countries and asked this very question. Canadian immigration doesn't care if you have both PR as long as you are fulfilling your obligation, CIC confirmed that with me. On the US end, there is nothing in the book that says you cannot have two PRs either, I think it's more of a gray area for US. The key is that you have to maintain your residence and that you have ties in the US, of course, in the end everything is still up to the discretion of the immigration officer and the judge, if it gets to that. In general border officers have much more important things to deal with than such frivolous thing as dual PR. Just make sure you have a good reason for doing this and you are honest about everything, because it's not hassle free after all.
 
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