Having US green Card & Canadian PR card??

S

sank

Registered Users (C)
Hi , I got my US green card in 2004. But I could not bring my spouse into US bcoz I got married after i have got US GC.

Hence I processed my Canadian PR. I got it in year Dec 2006. My wife came to canada , i moved to Canada. I live in windsor, ON,Canada. But I work for
US employer. I visit US once in a month from windsor & work from home in windsor for US employer.

When i visit Detroit,Michigan few days ago, No problem in Entering US.

When I come back to windsor,Canada, I showed my US green card (Not Canadian PR) to Canadian Immigration. Not showing my Canadian PR card,Bcoz ppl tells to import my car into Canada, i don't want to do it . US immigration checks what do i do in canada. Everytime I re enter Windsor, I show my US green card.I did not have problem for last 4 or 5times.

This time when i enter winsor(showed my US GC), they asked me to go to immigration official. they asked how long you are going to stay in Canada.
& asked who lives in canada.

I said i will be staying here for 3 months& told them my wife lives in Windsor.
They checked my passport, told that you are canadian PR. & u are also having US GC. they said you can't have both Canadian PR & US GC..

I did not show my Canadian PR card at that time. They stamped my passprt with 3month Validity on it. they did not say anything.

Can i file for extension to stay in Canada more than 3months & Can i talk canadian Immigration people regarding this. OR After consulting Attorney,Can i talk to canadian immigration. i dont want to give up my Canadian PR Now.

Anyway My wife recently got H1B Petition, She can move to US only in October,2007. Stamping in my passport is valid until sep 13th(3months from now).

What Can i do ? plz help me in this matter..

Thanks
 
You have already lost your cdn PR because of the following two points:
Cdn immigration's 3 months validity stamp is a clear proof of that.

Point#1:

sank said:
When I come back to windsor,Canada, I showed my US green card (Not Canadian PR) to Canadian Immigration.
Click to expand...

Point#2:

sank said:
I said i will be staying here for 3 months& told them my wife lives in Windsor.
They checked my passport, told that you are canadian PR. & u are also having US GC. they said you can't have both Canadian PR & US GC..

I did not show my Canadian PR card at that time. They stamped my passprt with 3month Validity on it. they did not say anything.
Click to expand...
 
It seems you used the US GC so the stamp says you are good to stay for 3 months this time. I will probably just go out and enter
Canada using CAN GC before Sept. This will overwrites the previous record and you should be good to stay in Canada as long as you want. I've seen people using their not-expired visa entering the country while they are legal PR. This doesn't invalidate the PR status.

However, one thing I wonder is what if you simply ignore the stamp. You are a legal PR in Canada, so it should not matter how you entered the country. If you figure this out, please let us know.

By the way, there is no place mentioning that when you apply CAN GC as well as US GC, you can't have both, so I think the officer might be wrong.
 
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blahblah_gc said:
It seems you used the US GC so the stamp says you are good to stay for 3 months this time. I will probably just go out and enter
Canada using CAN GC before Sept. This will overwrites the previous record and you should be good to stay in Canada as long as you want.
Click to expand...

-- what makes you think that the record is overwritten? They make notes in their system. The guy clearly has lost his status as a cdn PR.

blahblah_gc said:
However, one thing I wonder is what if you simply ignore the stamp. You are a legal PR in Canada, so it should not matter how you entered the country. If you figure this out, please let us know.
Click to expand...

-- He is not a legal PR of Canada ANYMORE. He can ignore the stamp, but the cdn imm authorities won't. He might face *real* problems if he tries to enter as a legal PR, even after losing it. It will be interpreted as Fraud/Misrepresentation.

blahblah_gc said:
By the way, there is no place mentioning that when you apply CAN GC as well as US GC, you can't have both, so I think the officer might be wrong.
Click to expand...

-- Immigration officer was VERY MUCH CORRECT. Technically, there is only ONE place of "Permanent" residence. By definition of the word "permanent", you cannot have 2 places of PR. Therefore, even if it is not mentioned in the book of law, the letter or the intent of the law clearly states what the officer told the original poster.
 
Hi guys,

I am talking to canadian Attorney regarding this. Once i get the feedback from them, i will post it here,

I should get notice saying if Canadian PR Status is Revoked or not.

Immigration official did not speak in Harsh manner at the end of conversation.

They asked how many months you are going to stay.

I hope they will give enough number of warning before they take firm action on me.

If i reenter canada after 6months & 1 year , then at that time they will allow me.

Once i get the word from Attorney, i will let you know.

Thanks
 
blahblah_gc said:
By the way, there is no place mentioning that when you apply CAN GC as well as US GC, you can't have both, so I think the officer might be wrong.
Click to expand...

Since he took up Canada permanent residence after he got his GC, USCIS could legitimately claim that he has abandoned his US residence, and therefore his PR status. He might end up having both countries annoyed at him.
 
TheRealCanadian said:
Since he took up Canada permanent residence after he got his GC, USCIS could legitimately claim that he has abandoned his US residence, and therefore his PR status. He might end up having both countries annoyed at him.
Click to expand...

Very true! After looking into it, it's amazing what the USCIS can use against you as evidence you have abandoned your US green card.

I would imagine that an immigration judge would agree that applying for and using your Canadian PR would be evidence that you have abandoned your US PR.

mdh
 
words from Attorney

I talked to Canadian Attorney. They said they can extend my stay upto 6months in Canada.

This problem is usually Happens at the Border. He will also try to get me back
as Canadian PR,once he goes to Windsor & talk with Canadian Immigration.
 
sank said:
I talked to Canadian Attorney. They said they can extend my stay upto 6months in Canada.

This problem is usually Happens at the Border. He will also try to get me back
as Canadian PR,once he goes to Windsor & talk with Canadian Immigration.
Click to expand...

Sank - this is my word of caution to you.

The attorney has told you that he will TRY to get your cdn PR. Make sure that you agree with what he charges you by weighing your priorities. Make sure if the cdn PR is what you care the most (even more than a US GC).
The lawyers always charge you a lot but have their side safe by saying "they will try, but the results are not guaranteed".
 
BigBoy

I talked with another attorney too. I came to know from that attorney that People having green cards from both country are regularly maintaining their status by entering countries on regular manner.
it is called commuter status from US side.

Attorney I am working with is asking for 1500 Can$. First I am trying to extend my stay upto 6months.MY wife H1B is going to be valid from Oct 1st onwards.
I prefer to stay in US only. Once H1B stamping goes well.i don't have problem
of lossing Canadian PR staus.

I will update this forum
 
sank said:
BigBoy

I talked with another attorney too. I came to know from that attorney that People having green cards from both country are regularly maintaining their status by entering countries on regular manner.
it is called commuter status from US side.

Attorney I am working with is asking for 1500 Can$. First I am trying to extend my stay upto 6months.MY wife H1B is going to be valid from Oct 1st onwards.
I prefer to stay in US only. Once H1B stamping goes well.i don't have problem
of lossing Canadian PR staus.

I will update this forum
Click to expand...


What your lawyer did not tell you is this:

http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf

See page 3 of this link.

Commuter status is not as simple as he made it sound to you.
 
BigBoy

I have read this article before. Also i knew it is not the safe.

Once i get my Spouse H1B stamping, Once all I plan to move to US.

Also I checked with attorney, whether Canadian Immigration is sharing the

information with US immigration. He said they are not sharing Except Refugee

Information. Based on that, I am trying to get my stay extended until for

atleast next 4 months. or Let me see what canadian immigration are saying

abt my Canadian PR.
 
How to Relinquish Permanent Resident Status.
http://www.cic.gc.ca/manuals-guides/english/enf/enf23e.pdf

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





PR of Canada is NOT automaticaly cancelled
http://geo.international.gc.ca/asia/new-delhi/site/permrescard-en.asp
Please note:

Under the Immigration and Refugee Protection Act, it is not possible for you to "cancel" or voluntarily relinquish your permanent resident status.

If you wish to travel to Canada as a visitor and you previously held Permanent Resident status, in order to obtain a visitor visa, you must first apply for a Travel Document to determine if you have indeed retained that status.

If a determination has been made that you have not retained that status, you can either proceed to appeal the decision, or relinquish the right to appeal. If you relinquish the right to appeal, a visitor visa may be issued if all requirements are met.
 
Hi Ginnu,

Thanks for your Information. When i reenter canada from US, I was having only US green Card, I did not carry Canadian PR card.

I became Canadian PR in Dec 2006. But My PR card Arrived only in April.

But due to work related issue, I had to travel to USA. Hence I used my USA GC to reEnter Canada.

Last time when i reenter canada, I forgot to carry my Canadian PR card with me. I carried my US GC card as usual.

That is why when Canadian Immigration asked abt where you live, How long you are going to stay in canada? Since i presented with him US GC card& Could not bring Canadian PR card. I did not tell them I am canadian PR holder. I told them that I will go to US after 3months. They misunderstood that I am going to Go permantently. I usually visit USA for few work issue.

That is How it went. After checking my passport, They found out, that I am a Canadian PR. I told them that my wife is living in windsor as Canadian PR.

Now I talked to attorney to get my status back to Canadian PR. He has applied for Extention for my stay in canada.

Thanks
 
Canadian PR and US GC

I got Canadian PR in 2003 and GC in 2006. From what I know one cannot be permannet resident in 2 countries. I am planning to return Canadian PR and want to take experts advise.

- What is the process of returning Canadian PR card?
- Is there anybody what has done this ? Do we need to get confirmation from Canadian authority, so we do not have trouble in future?

Please share your thoughts.
 
Why bother to return it. Your status will expires if you never lived there. I think the requirement is 3 out of 5 years.

I am not sure if anyone has returned the GC, especially due to this reason. Also, there is no problem having GCs from different countries. There are people who commute between 2 countries. They are called the commuters (you can check form I-90 used to renew US GCs).
 
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Canadian PR card

Quote: "Why bother to return it. Your status will expires if you never lived there. I think the requirement is 3 out of 5 years."

Yes but within those years, a PR should pay tax to Canada. If the PR status is canceled, no need to pay tax anymore.

Anyone has similar concerns on this? I obtained Canadian PR in 2002 in Canada, then came to US with F-1 in 2003 until now. It has been 4 years I didn't live in Canada (only went back for a few very short visits, totally 2 weeks), In the past three years I've been filing tax to Canada, but starting last year I'm considering to cancel Canadian PR status because I haven't lived in Canada for 3 years, and I plan to stay in US anyway. But after I filled out the form of "declare non-residence for tax purpose", they told me as long as I don't pay tax to US as residence, I still have to pay tax to Canada as residence. Why can't I just cancel the PR and stop paying tax to Canada?
 
no_name said:
Quote: "Why bother to return it. Your status will expires if you never lived there. I think the requirement is 3 out of 5 years."
Click to expand...

-- This is correct.

no_name said:
Yes but within those years, a PR should pay tax to Canada. If the PR status is canceled, no need to pay tax anymore.
Click to expand...

-- Says who? This is incorrect. If you do not live in Canada and have no significant ties with Canada (like house or a spouse/kids living there), you are a NR for the tax purpose. Having PR card has nothing to do with paying taxes. Cdn immigration law is different that the tax law (unlike US). You have wasted your money if you have been paying taxes to Canada just because you have a PR card.
 
Thank you for the reply.

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.

In your opinion, should I just ignore the tax form sent from Canada, or should I still file tax, but as a non-residence?
 
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