Is my PR Valid? What are my options? ...Experts please help...

A

Aakash28

Registered Users (C)
I am very confused...

I got my PR Card as of January 2004. But I never went to Canada since then - have been in US on EAD status - and have applied for US GC.

It does'nt seems that I would get my US GC within the next couple of years - or it might even get denied - as currently it seems to have stuck in background checks..too many unknowns..

Now I know that to maintain Canadian PR status one has to be in Cananda for atleast 2 years out of every 5 years after getting the PR Card. My PR Card has an expiration date of Jan 2009. Byt the end of this year it will already be 3 years of not being in Canada.

At this stage I am very tensed and confused as to what to do... On one hand I do not wan't to discontinue my job and GC Processing in US on other hand I also do not wan't to loose my Canadian GC atleast until I get my US GC..

Spending some time in Canada (couple of weeks) won't help - as I have been out of Canada for almost 3 years (Since Jan 2004)... Also it will be too risky at Port of Entry - As either the Canadian or US immi. Officer at POE might cancel my Canadian GC or end my US EAD status/GC Processing..

Experts please suggest what my options are ? And what might be the best course of action? Incase my US GC gets denied - lets say by end of year 2007 - then can I still use my PR status to go to Canada after almost 4 years...or will I be stopped at POE.

Incase I am not allowed to enter in Canada at any point in time after 3 years have passed since I have been out of Canada.. then is there any chance that I can get my PR status back - what are my best options available? Can I re-apply and somehow get it sooner?? Last time when i applied for Candian GC - it took me almost 3 years to get it..

Another aspect of the given problem. Last year I got married and my wife is also here in US on EAD status... I never was able to apply for her Canadian PR. How can I apply for her PR without going to Canada?? Is there a way I can get her a Canadian PR. BTW can I file for a new PR for her and myself as a dependent - she knows french and also done her Masters.. etc.. Incase we can ... then how much time would it take now-adays for us to get new PRs?
But is there a easier way out of this mess??

If I apply for her Candian PR based on mine at this stage - how much time will it take her to get it?? First of all - what do I need to do in - order to apply for her PR - Do I need to go to Canada?? Can't I apply for her without going to Canada??

Let's say if I decide to go to Canada by the end of this year.. Then how can I bring my wife to come along with me - as she does'nt have any Candian immigration status - What's the solution - If both of us decide to go to Canada before the 3 year expire - then how can I bring her with me to canada??

Also lets say we go to Canada after 1095 days - tehn do we have to spend complete 730 days in Canada - we cannot travel to any other place outside Canada even for a day - -- is that the case?? But then lets say that I go to Canada after 1095 days and my wife (not having any Canadian status) has to travel back to India for couple of months - until she get's her PR (based on mine) - Then about her Cnadian PR - would it valid for another 5 years or will it have the same expiration date as mine? If the expiration date is going to be the same then obviously she won't be able to spend complete 730 days in Canada (As she already would be in India for couple of months) - So where does that leave us?? Would she be out-of-status????


Experts I know I have lot of questions - but the answers to these would help us a great deal to many people on these forums .. So please suggest..

Thanks
 
To answer your questions one needs to know few things.

1) How cooperative is your employer ? Will they continue your GC processing even if you leave your job temp and move to Canada ? Does ur employer have office in Canada or can you do ur job sitting in Canada for ur employer ?

2) Where are you currently located in US . Does your firm have any offices in US cities close to the Canadian border where u can commute daily ( ex Buffalo NY, Detroit, Seattle etc)?

3) Does your wife have her own independent GC going ? or she has EAD from you ?
 
texancanadian said:
To answer your questions one needs to know few things.

1) How cooperative is your employer ? Will they continue your GC processing even if you leave your job temp and move to Canada ? Does ur employer have office in Canada or can you do ur job sitting in Canada for ur employer ?
Click to expand...
- No, I can't leave my current job - they have to pay me even if I am not working. For 1-2 months it's fine with them but they cannot keep paying me for more than 2 months without me not working for them.. And no they do not have any offices in Canada..

2) Where are you currently located in US . Does your firm have any offices in US cities close to the Canadian border where u can commute daily ( ex Buffalo NY, Detroit, Seattle etc)?
Click to expand...
- I am located in upstae NY - but commuting to Canada is more than 3 hours of drive one way..and my Company does not have any offices near border

3) Does your wife have her own independent GC going ? or she has EAD from you ?
Click to expand...
- My wife has her EAD from me - she does'nt have her own independent GC processing. I filed for her GC as a dependent.

So...any hope...
 
Aakash,
You mentioned that you stay only 3 hrs from the border. That means that you can at least travel there every weekend (say Thursday or friday evening to Monday morning).
I would suggest you go ahead and get a small one bedroom or bachelors apartment in Canada close to the border. Take lease on your name. Commute on weekends. Go ahead and transfer your NY Drivers license and get an Ontario license. Get Ontario license plates and Ontario car insurance. Starting in 2007 start filing Canadian taxes.
These things will show proof of ties to Canada. You are lucky you live in Upstate NY - make use of it.
 
texancanadian said:
Aakash,
You mentioned that you stay only 3 hrs from the border. That means that you can at least travel there every weekend (say Thursday or friday evening to Monday morning).
I would suggest you go ahead and get a small one bedroom or bachelors apartment in Canada close to the border. Take lease on your name. Commute on weekends. Go ahead and transfer your NY Drivers license and get an Ontario license. Get Ontario license plates and Ontario car insurance. Starting in 2007 start filing Canadian taxes.
These things will show proof of ties to Canada. You are lucky you live in Upstate NY - make use of it.
Click to expand...

But doing all this is not going to be good for US GC Processing. Also I am in upstate NY only temporarily - I do contract work for my company - so it's very likely that they might relocate me to some other East Coast Area State in the beginning of next year. Also I have to submit INS Change Of Address Form whenever I move.

The other constraint is the border itself - I am worried that either the Canadian Immi. Officer or the US Immi. Officer at the border might cancel my GC - as you are not allowed to simultaneously have intent to immigrate for 2 different countries..

Also realistically speaking the weekend travels are going to very difficult - Specially when the timeline for getting US GC is unknown - It could take years before I might get US GC.

Please suggest if there are any other better alternatives.. Also please suggest answers to all of my other queries (if you know them)...

Thanks
 
1) You cant apply for your wife sitting in the US. You can apply once you move permanantly to Canada.

2) For details on what happens when you dont meet 2 in 5 yr reqts and are caught when entering Canada see this official link from Immigration Canada. Basically they let you in but you have a court hearing.

http://www.cic.gc.ca/english/newcomer/res-oblig.html

3) You can always reapply for PR and go through the whole process from scratch again, but they will ask you (and you should have a good reason) why you didnt meet PR residency last time.

4) Since you already have I 485 and EAD you have more freedom than most ppl to use AC21 and change jobs - so you are in a much better place compared to guys like me who cant even file 485 due to retro.

5) In my opinion neither US or Canadian Immigration can cancel your Canadian GC or US GC Paperwork right now They may ask you to make a choice after you finally get USGC which you dont have right now. You tell them that once I get GC I will make my decision. But to be sure Id consult a lawyer.

Best of luck in making your decision.
 
Last edited by a moderator:
Thanks texancanadian - your suggestions are of great help.

texancanadian said:
You can always reapply for PR and go through the whole process from scratch again, but they will ask you (and you should have a good reason) why you didnt meet PR residency last time.
Click to expand...

BTW can I apply for a new independent PR for my wife - would she have to mention that her husband already have a PR? Basically, what I am thinking is that once she gets her own independent PR within the next year or two than I can re-apply for Family-Based PR based on her PR - In that case too would I have to mention 'why I didnt meet PR residency last time'?? Do we have to mention this fact even when applying for my wife's PR (independent of My PR)??
 
Applied Travel Doc-PR cancelled

Hi All,

I need help in following scenario.

On H-1, 140 approved- waiting for prior dt to be current PD May 02.
1) Landed in March 03 stayed for 5 days, wife's PR card received mine did not come due to picture angle. I did not go on the appointment date.
2) Re-entered via road on Oct 24th to Oct 30th 2006.
3) Oct 24th letter issued for inspection at border for Oct 30th. Immig officer satisfied with explaination as why I did not stay in Canada for last 3 1/2 yrs. Reason- Wife was pregnent two times- Pregenancy was not viable- she was under the treatment of Gynacs- Again preg 3rd time- Baby boy was born on Oct 11, 05- Now that baby is over a yr old we want to move to Canada.
4) Dec 21, 06- Applied for travel doc at NY Consulate-Denied & they did not accept the above reason on humanitarian ground to waive the breach of 730 days rule.
5) Last option- File an appeal & stick to the same reason -additional reason whihc is a reality- Son was born with some issues related to left testicles. Docs then suggested to wait & watch for a yr if things don't immprove naturally then need a surgery. Luckily everything is fine wiht him now. Or file a new application which god knows how long it will take.
6) Any idea if appeal will help? i have made an appointment at Ottawa stamping US Visa in Jan 07. Will the PR status cancellation affet the US Visa stamping if I take a visit visa to go for the appointment?
Thanks in advance.
 
2 questions

1) From which border post Immig officer let you in ?

2) Why did you apply in NY. Why didnt you try entering again through land border ?

Thanks
 
Hi TexanCanadian,

Thanks for your quick response. I entered through Buffalo border Qeensten Bridge not the Rainbow. When I entered in Oct the officer initially refused the entry & said i will have to go take a visa. He questioned me almost an hour & later let me enter after setting an examination date at the same place. On the exam dt he was very nice & cooperative and said he believed everything I said (which was the truth). He said he was convinced with my explaination & did not take any action. He said next time when I come back to take a look at the properties for buying a house I should bring any communication I had with the real est agent. I said I am looking to buy a house instead of renting since I already own a house in US I might as well use the equity.

I went to take the travel doc because I thought i would be able to board a commercial plane instead of driving through the border.
I was under the impression the notes made by the officer at the port of entry would help the officer at Consulate to waive the breach of 730 days rule & I would get the travel doc.
Do you think the appeal would be successful? how long normally it takes for appeal results? After filing an appeal can I enter through the border? or will i have to take a visa? Will this whole scenario affect US visa stamping? I have an appointment at Ottawa.

Thanks for your help.

SDTNY
 
You probably should hire a lawyer. When they let you in after your interview at the border you should have stayed on in Canada. Coming back to US so soon and applying for travel permission was not a wise decision. You got one chance and you blew it.

You may want to contact lawyer like Guidy Mamman. Per his website he kinda deals with a lot of these cases. Look at the Recent cases section.

http://www.migrationlaw.com/

Note: I have not used him nor have anything to do with him. He just seems to be very familiar and specialize with these 730 day cases.
Best of luck.
 
Last edited by a moderator:
You must log in or register to reply here.
Top