Landing in canada while I-485 in progress

G

gc614

New Member
I applied for canadian immigration few years back and it got approved with a due date for landing on Apr 17th 2006. My GC is under process too, on EB3 category with a PD of May 2004 and my current status in US is EAD. Since the due date for canadian PR was expiring soon, me and my wife went to canada last week and landed as an immigrant. On my way back I used my AP to enter in to US. Officer at the border checked my AP details and finally when he was about to let us go, he asked us the purpose of our trip to canada. I told him the truth that I went for landing. He went inside, discussed with other people, came back and told us that I am not supposed to land in Canada since my GC here is under process. He told us that he is going to call the canadians and let them know a't this. He talked with someone on phone, then came back and told us that he is going to let USCIS also know a't this. I am not worried a't losing my canadian PR. But I am really worried whether this would impact my GC process if this guy is to notify the USCIS. Did I screw things up? If that officer is going to talk to USCIS, will it impact my case? Anybody have any similar experience, please share.

I can see that my LUD got changed for 765 and AP with a date of 1 week before this thing happened. I hope this date was changed for some other thing since it is 1 week before this date.
 
gc614 said:
I applied for canadian immigration few years back and it got approved with a due date for landing on Apr 17th 2006.

My GC is under process too, on EB3 category with a PD of May 2004 and my current status in US is EAD.
Since the due date for canadian PR was expiring soon, me and my wife went to canada last week and landed as an immigrant.
On my way back I used my AP to enter in to US. Officer at the border checked my AP details and finally when he was about to let us go, he asked us the purpose of our trip to canada. I told him the truth that I went for landing. He went inside, discussed with other people, came back and told us that I am not supposed to land in Canada since my GC here is under process.
----------------- You dont have US GC approved it is under process. officer gave you wrong info.
He told us that he is going to call the canadians and let them know a't this.
---------- let him call them, Canada immigration knows that you are Landed immigrant of Canada. they have nothing to do with USCIS or port of entry officer
He talked with someone on phone, then came back and told us that he is going to let USCIS also know a't this.
------------ let him inform the USCIS, nothing wrong in landing as you dont have US GC approved

I am not worried a't losing my canadian PR. But I am really worried whether this would impact my GC process if this guy is to notify the USCIS.
---------- no problem with US GC just because you became canada PR. USCIS has nothing to do with your Canada PR. FYI US GC is still pending and it is going to be approved AFTER Canada PR
Did I screw things up?
--NO
If that officer is going to talk to USCIS, will it impact my case?
-----------NO
Anybody have any similar experience, please share.
------------------ others will post
I can see that my LUD got changed for 765 and AP with a date of 1 week before this thing happened. I hope this date was changed for some other thing since it is 1 week before this date.
------------LUD change has nothing to do with your Canada Landing
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Technically, you should not "try" to have two permanent residency statuses at the same time. Since you are claiming U.S. residency for tax purposes-- I assume, therefore, strictly speaking, you are O.K. with your I-485 application. You might have problems when you try to apply for Canadian citizenship later. However, having said all these, they might raise an eyebrow when looking at your I-485 application and have out the record at the border, and require to interview you.

Good luck!
 
HSMAN said:
Technically, you should not "try" to have two permanent residency statuses at the same time. Since you are claiming U.S. residency for tax purposes-- I assume, therefore, strictly speaking, you are O.K. with your I-485 application. You might have problems when you try to apply for Canadian citizenship later. However, having said all these, they might raise an eyebrow when looking at your I-485 application and have out the record at the border, and require to interview you.

Good luck!
Click to expand...
Person has applied US permanent and not approved till date and it is not a problem to land in Canada or get PR of any country while PR application of US is pending. I know more than 10 cases that filed I-485 or just I-140 was filed and got Canada PR and landed in Canada then came back to US and later got US GC. Once the US Green Card or PR is approved then the person should choose if he want to be US resident or Canada resident ( if one does not stay in Canada 2 years in any 5 years his/her Canada PR status may be automaticaly lost). One has to maintain residency requirements of particular country to maintain PR status or to get citizenship
 
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