Help: apply us citizenship while holding Canadian PR

W

windwalker

New Member
I have been a lawful US permanent resident since May 2005 and plan to apply for US citizenship next year. Recently, my wife and I received Canadian PR. I have no intention to stay in Canada at all, just help my wife to maintain legal status while not returning to her home country.

On August 2009, when I tried to return US with green card from Toronto Airport, I was interviewed by a US custom officer. Although he finally allowed my entry to US, he placed a note on my record (electronically, not on my passport):"must relinquish Canadian permanent residency before any future departure to Canada."

I would appreciate your professional advice for the followings:

1. Will USCIS lift my US green card due to my Canadian PR?
2. Will USCIS deny my citizenship application due to the Canadian residency status?
3. Do you recommend to relinquish the Canadian PR before applying US citizenship? If so, do I need to provide these proof with the citizenship application?

Thanks very much for your time and valuable advice.

Best Regards,
 
windwalker said:
I have been a lawful US permanent resident since May 2005 and plan to apply for US citizenship next year. Recently, my wife and I received Canadian PR. I have no intention to stay in Canada at all, just help my wife to maintain legal status while not returning to her home country.

On August 2009, when I tried to return US with green card from Toronto Airport, I was interviewed by a US custom officer. Although he finally allowed my entry to US, he placed a note on my record (electronically, not on my passport):"must relinquish Canadian permanent residency before any future departure to Canada."

I would appreciate your professional advice for the followings:

1. Will USCIS lift my US green card due to my Canadian PR?
2. Will USCIS deny my citizenship application due to the Canadian residency status?
3. Do you recommend to relinquish the Canadian PR before applying US citizenship? If so, do I need to provide these proof with the citizenship application?

Thanks very much for your time and valuable advice.

Best Regards,
Click to expand...

1. Yes. You took another residency and they can take your status away.
2. Yes/No - Depends on status of your GC.
3. Yes.
 
windwalker said:
I have been a lawful US permanent resident since May 2005 and plan to apply for US citizenship next year. Recently, my wife and I received Canadian PR. I have no intention to stay in Canada at all, just help my wife to maintain legal status while not returning to her home country.

On August 2009, when I tried to return US with green card from Toronto Airport, I was interviewed by a US custom officer. Although he finally allowed my entry to US, he placed a note on my record (electronically, not on my passport):"must relinquish Canadian permanent residency before any future departure to Canada."

I would appreciate your professional advice for the followings:

1. Will USCIS lift my US green card due to my Canadian PR?
2. Will USCIS deny my citizenship application due to the Canadian residency status?
3. Do you recommend to relinquish the Canadian PR before applying US citizenship? If so, do I need to provide these proof with the citizenship application?

Thanks very much for your time and valuable advice.

Best Regards,
Click to expand...

You gotta chose if you wanna be a Canadian PR or US PR
 
The US boarder control agent put the thumb screws on you. Think carefully about what you want, as you cannot have it both ways and be a PR in Canada and a PR in the US.
I think your US PR status may be in danger, at the very least a little tainted, depending on how much time you spent outside of the US.
For US citizenship (based on 5 year PR rule), you certainly have to meet the residency requirement. The burden of proof is clearly on you.
 
dude, how did he find out you have canadian PR? Was it the stamp or you volunteered the info? I would recommend you surrender the card at a consulate and get a receipt for USCIS.
g'luck.
 
windwalker said:
Recently, my wife and I received Canadian PR. I have no intention to stay in Canada at all, just help my wife to maintain legal status while not returning to her home country.
Click to expand...
If you surrender your Canadian PR, will your wife lose hers? If your wife can keep hers after you surrender yours, why don't you surrender yours ASAP so it doesn't mess up your green card or citizenship?
 
windwalker said:
I have been a lawful US permanent resident since May 2005 and plan to apply for US citizenship next year. Recently, my wife and I received Canadian PR. I have no intention to stay in Canada at all, just help my wife to maintain legal status while not returning to her home country.

On August 2009, when I tried to return US with green card from Toronto Airport, I was interviewed by a US custom officer. Although he finally allowed my entry to US, he placed a note on my record (electronically, not on my passport):"must relinquish Canadian permanent residency before any future departure to Canada."

I would appreciate your professional advice for the followings:

1. Will USCIS lift my US green card due to my Canadian PR?
2. Will USCIS deny my citizenship application due to the Canadian residency status?
3. Do you recommend to relinquish the Canadian PR before applying US citizenship? If so, do I need to provide these proof with the citizenship application?

Thanks very much for your time and valuable advice.

Best Regards,
Click to expand...

you have US GC since May 2005.
in August 2009 do you just went to Canada for landing? or Got the PR card and again visited Canada.
did you apply Canada PR After your US GC was approved?
who is primary applicant for Canada PR application?

Canada PR is not automatically revoked you have to fill up form with Canada consulate to give up your Canada PR status and your wife still can be Canada PR if you don’t want Canada PR status. Once you complete landing process or get Canada PR card you wife is not depending on your Canada PR status and she can be PR of Canada if she stays in Canada for 2 years in 5 years.

FYI I know about 3-4 cases who applied Canada PR before they got US green Card and after getting US GC they entered Canada and showed US green Card and for entry to US they showed GC. 2 persons in above situation applied for US citizenship and got approved as they never stayed in Canada after Landing as PR of Canada and maintained US residency requirement to apply for US citizenship.
 
The rule is that you cannot maintain both PR status at the same time. You have to surrender one of them: US PR or Canadian PR.

1. Will USCIS lift my US green card due to my Canadian PR?
Yes

2. Will USCIS deny my citizenship application due to the Canadian residency status?
Yes and No. They may have your immigration status history and they will ask you questions why you keep both US PR and Canadian PR status. They will probably ask you to surrender Canadian PR if you want to stay in US. If you want to keep your Canadian PR status, your citizenship application will be probably denied.

3. Do you recommend to relinquish the Canadian PR before applying US citizenship? If so, do I need to provide these proof with the citizenship application?
Try to become a Canadian citizen and then apply for US citizenship. That way you can keep dual citizenship. OR give up Canadian PR before applying for US citizenship and then applying for Canadian PR (I am not sure if Canadian immigration allow you to apply again for Canadian PR).
 
Thanks for all valuable advices. To answer some questions:
1. I got married after I received US GC. To apply Canadian PR is to keep my wife legal status in America. I have no intention to work/live in Canada. It is too cold for me.

2. There is no affect to my wife's Canadian PR if I, the primary Canadian PR applicant, relinquish the Canadian PR.


I am contacting the Canadian consulate to make an appointment. Can anyone share some experience of relinquishing the canadian PR? I have additional questions:

1.. Is it possible for the Canadian consular reject my relinquish request? How long will it normally take to interview with Canadian consular?

2. If the Canadian PR is relinquished, is there any document /proof to show USCIS that I am not a Canadian PR?

Best regards,
 
windwalker said:
Thanks for all valuable advices. To answer some questions:
1. I got married after I received US GC. To apply Canadian PR is to keep my wife legal status in America. I have no intention to work/live in Canada. It is too cold for me.

2. There is no affect to my wife's Canadian PR if I, the primary Canadian PR applicant, relinquish the Canadian PR.


I am contacting the Canadian consulate to make an appointment. Can anyone share some experience of relinquishing the canadian PR? I have additional questions:

1.. Is it possible for the Canadian consular reject my relinquish request? How long will it normally take to interview with Canadian consular?

2. If the Canadian PR is relinquished, is there any document /proof to show USCIS that I am not a Canadian PR?

Best regards,
Click to expand...

Under the Immigration and Refugee Protection Act, it is not possible for you to "cancel" or voluntarily relinquish your (Canadian) 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.

http://www.canadainternational.gc.ca/bangladesh/visas/permanent_residents_permanents.aspx?lang=eng

http://forums.immigration.com/showthread.php?t=253031
 
windwalker said:
1. I got married after I received US GC. To apply Canadian PR is to keep my wife legal status in America.
Click to expand...
Canadian PR doesn't directly or indirectly provide her any legal status in the US. Unless you're saying that by having Canadian PR it will be easier for your wife to obtain a visa to visit the US. But that doesn't help much either, because she is married to a permanent resident of the US, so when applying for the visa she'll have a big problem convincing the interviewer that she will go back to Canada.
 
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Bobsmyth said:
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.
Click to expand...
Why are you writing about visitor visas, when a US LPR does not need a visa to visit Canada?
 
windwalker said:
Thanks for all valuable advices. To answer some questions:
1. I got married after I received US GC. To apply Canadian PR is to keep my wife legal status in America. I have no intention to work/live in Canada. It is too cold for me.
---------------------- How she can be on legal status in America? she has Canada PR and it has nothing to do with her status in America and she does not have any status in America.
2. There is no affect to my wife's Canadian PR if I, the primary Canadian PR applicant, relinquish the Canadian PR.
-------------------She Can be PR of Canada.

I am contacting the Canadian consulate to make an appointment. Can anyone share some experience of relinquishing the canadian PR? I have additional questions:

1.. Is it possible for the Canadian consular reject my relinquish request? How long will it normally take to interview with Canadian consular?
------------------------------I read a post long back person went to Canada border post and fill up some form and same should be with Canada consulate.
2. If the Canadian PR is relinquished, is there any document /proof to show USCIS that I am not a Canadian PR?
-----------------------they will give you copy of report or you can ask them .
Best regards,
Click to expand...
You applied Canada PR AFTER you got US GC and it means your intention to be PR of Canada.
When did you land in Canada or got the PR Card?
Did you enter Canada as Canada PR or with US green Card?
How many visits you made to Canada and how many days?
**** You should talk to a good lawyer who knows about US immigration and Canada immigration and knows about US Citizenship and post what lawyer says.
 
Last edited by a moderator:
windwalker said:
On August 2009, when I tried to return US with green card from Toronto Airport, I was interviewed by a US custom officer. Although he finally allowed my entry to US, he placed a note on my record (electronically, not on my passport):"must relinquish Canadian permanent residency before any future departure to Canada."
Click to expand...

Did he ask you what your status was in Canada to which you answered "Canadian PR"? You should have answered visitor instead. From now on you should travel to Canada as a visitor. Your wife won't loose her Canadian PR status by you doing so.

Sounds like you were afraid she would loose her Canadian PR status if you didn't retain yours, and thus answered to US officer that you were a Canadian PR.
 
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