N400 App denied due to Canadian PR - Help

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m_rocky

Registered Users (C)
I was interviewed in Aug, 2006 for my US Citizenship Application. I had got Canadian PR in 1999 (which was nothing more than landing there as PR and then was never pursued) before I applied for GC which I got in June 2001. During the interview, officer asked me about Canadian PR and I told her that I got that before GC was filed and was never pursued thereafter. But officer asked me to send copies of Tax returns of last 5 years and copy of each page of expired passport which was issued in 1995 (my current passport was issued in 2000). I could not find my expired passport so I sent them copies of tax returns and a statement about expired passport. Now I have received a letter denying my application as I did not send copy of expired passport. According to the letter, I can file for appeal within 30 days to review this decision. And letter also mentioned that I can refile my application at any time.

I have few questions:
What are my options??
What is the best way to pursue it further??
Anyone else who got into this situations and how was it resolved??
i will greatly appreciate your help.
Regards
 
Canadian PR

The law is clear, nothing prevents you from having both American Green card, and Canadian Permanent residency, there was a law suit that clarified that in court, as long as you complied with teh American laws regarding living 6 moths or more in teh US every year, and as long as you never filed your taxes in teh USA as a non resident, you are fine, may be you should hire a lawyer. good luck
 
How did they find out about your Cdn Landed Immigrant status? You must have told them even before GC. Remember they have your complete file ever since you applied for your visa status.

BTW, Cdn Landed Immigrant status should not affect your US Citizenship. Remember Landed Immigrant status does not make you a citizen of Canada, so you are a Citizen of your other country where you came from, and that should be okay with US.

I know a friend who's CDN Landed Immigrant (both husband/wife) and also became a US Citizen. They never lived in Canada, but just got their Cdn papers.
 
It seems like that law is on my side, and it makes more sense to appeal this decision.
Am I right??
Also Hayyoot, can you please point me to this case you have mentioned...
 
Pure speculation on my part, but could it be USCIS were suspicious you were residing in Canada? In absence of seeing copies of your old passport pages, they denied you because you failed to meet the required burden of proof.

NOTE: The USCIS adjudicators field manual states the burden of proof rests with the applicant, unlike the regular US legal system where you are innocent until proven otherwise.
 
boatbod said:
Pure speculation on my part, but could it be USCIS were suspicious you were residing in Canada? In absence of seeing copies of your old passport pages, they denied you because you failed to meet the required burden of proof.

NOTE: The USCIS adjudicators field manual states the burden of proof rests with the applicant, unlike the regular US legal system where you are innocent until proven otherwise.
Click to expand...

Thanks for your reply.
You are very right that it was upon me to prove that I was in US for last five years, which I proved by showing them tax retruns and current passport which was issued in 2000 ( so anything which could be on my passport in last 5 years, that has to be on my current passport. Anyway, even if they want to see my expired passport (for whatever reasons), which is lost, there has to be a substitute document which can prove that I have been in US for last 9 years and never lived in Canada. Any suggestions??

Regards.
 
m_rocky said:
Thanks for your reply.
You are very right that it was upon me to prove that I was in US for last five years, which I proved by showing them tax retruns and current passport which was issued in 2000 ( so anything which could be on my passport in last 5 years, that has to be on my current passport. Anyway, even if they want to see my expired passport (for whatever reasons), which is lost, there has to be a substitute document which can prove that I have been in US for last 9 years and never lived in Canada. Any suggestions??

Regards.
Click to expand...

My sense is that the only reason they are looking beyond the five year period is to ascertain that you did not abandon your green card by taking up residence in Canada after getting your GC. It may also be that they are not sure if your consulate canceled your old passport when they issued a new one -- so, they might want to ascertain that you did not use the other passport to travel outside the country.

If you held a job here, the company may provide a duration of work and place of work information -- get a certified copy if possible. Also, old bank account and transaction list may help prove that you were residing in the US. House rent/mortgage papers/payment info may also help. DMV can provide you car registration records. If you took any courses in a university, get records/transcripts of that. In the absence of the passport, you probably need to rely on a bunch of other documents.
 
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I agree with feuerfrei. They just want to see that you were actually present in the US. You can file taxes even if you live abroad. Appeal, and send in whatever information you have to prove you were present here in lieu of your old passport.
 
m_rocky said:
I was interviewed in Aug, 2006 for my US Citizenship Application. I had got Canadian PR in 1999 (which was nothing more than landing there as PR and then was never pursued) before I applied for GC which I got in June 2001.
During the interview, officer asked me about Canadian PR and I told her that I got that before GC was filed and was never pursued thereafter.
------------ did you list anywhere on any form that you have Canada PR on any form in past?
were you asked any time at POE if you have Canada PR? I am surprised how they knew you have Canada PR ( you submittted FBI card when applied for Canada PR that may be the record but sending FBI card does not mean you got the Canada PR )

But officer asked me to send copies of Tax returns of last 5 years and copy of each page of expired passport which was issued in 1995
(my current passport was issued in 2000). I could not find my expired passport
---Try to FIND the expired Passport
so I sent them copies of tax returns and a statement about expired passport. Now I have received a letter denying my application as I did not send copy of expired passport.
----------------------- Officer asked for expired passport just to check the entry stamps you could not provide expired passport and officer thought that you are hiding the passport and hiding the info.

According to the letter, I can file for appeal within 30 days to review this decision.
---file the appeal, attach every possible document that you were in US.Also submit the affidavit with dates that you have been in US.
And letter also mentioned that I can refile my application at any time.
How can I withdraw my Canadian Immigration??
------------- FYI If you have not stayed in Canada 2 years in any 5 years then you are no more Canada PR. But remember it is not automatically revoked or cancelled. If you go to Canada and present your PR card at border/airport and the Canada immigration officer finds out that you are no more Canada PR and have abandoned Canada PR status he writes a report, one can have the copy of that report. One can also go to any Canada consulate and can get a report that XYZ is no more PR of Canada as the person has not stayed in Canada 2 years in any 5 years and is no more PR of Canada.
I have few questions:
What are my options??
-----------Appeal with all the documents , try to find your expired passport(if you dont find the passport and have stayed in Canada or hiding any info and did not list that on N400 then problem)

What is the best way to pursue it further??
Anyone else who got into this situations and how was it resolved??
i will greatly appreciate your help.
Regards
Click to expand...
 
Thanks

I greatly appreciate input/advice/suggestion from everyone who posted on this thread. Last post forced me to revive my effrots to find my expired passport and I found it. I am sending my appeal form with copy of expired passport today.

Thanks to all again.
 
M_Rocky

m_rocky said:
I was interviewed in Aug, 2006 for my US Citizenship Application. I had got Canadian PR in 1999 (which was nothing more than landing there as PR and then was never pursued) before I applied for GC which I got in June 2001.

---- i dont understand how didthey find about your CA GC. have you every mentiond to them when you did your US GC AOS?

During the interview, officer asked me about Canadian PR and I told her that I got that before GC was filed and was never pursued thereafter.
But officer asked me to send copies of Tax returns of last 5 years and copy of each page of expired passport which was issued in 1995 (my current passport was issued in 2000). I could not find my expired passport so I sent them copies of tax returns and a statement about expired passport. Now I have received a letter denying my application as I did not send copy of expired passport. According to the letter, I can file for appeal within 30 days to review this decision. And letter also mentioned that I can refile my application at any time.

I have few questions:
What are my options??
What is the best way to pursue it further??
Anyone else who got into this situations and how was it resolved??
i will greatly appreciate your help.
Regards
Click to expand...
 
how to proceed??

After I have found my expired passport, should I apply my appeal myself or is it better to hire a lawyer... I thought the case is simple and straight forward now and I could just it myself. Any recommendations??

Thanks.
 
I would say so too. If I were you I would file myself because like you just said your case is pretty straight forward but if you do not feel comfortable doing it yourself then don't hessitate and hire someone with experience. Good Luck to you and I hope everything will work out for you !
 
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