Permanent residence in two countries

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1389

Registered Users (C)
I first landed in Canada as a PR in Nov. 2006. I didn’t move to Canada at that time. I was living in the US on an H1B. I moved to Canada in Nov, 2009 and have been living there since. I got a permanent resident visa for the US in March 2010 and I entered the US in that same month without moving there.

I plan to apply for the reentry permit for the US which would allow me to be absent from the US for up to 2 years without losing my GC. I am aware that even this would not guarantee that I can keep my GC, though.

What are the Canadian regulations? I understand the minimum number of days I need to be physically present in Canada in every 5-year period. I haven’t found anything that says I would lose my Canadian PR if I obtain a PR status in another country.

The US borders officers told me that I cannot keep the two and that I have one year from entering the US to choose between the two: either move to the US and surrender the Canadian PR Card, or stay in Canada and surrender the US PR card, and that otherwise I might be subject to criminal proceedings. Is there a legal bases for this?

Any opinions or experiences would be greatly appreciated.
 
1389 said:
I haven’t found anything that says I would lose my Canadian PR if I obtain a PR status in another country.
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-- You will not find this documented anywhere, because this is implicit. Logically speaking, one can have only one "Permanent" residence and that is enforced by the border agents. There is no crime here (if this is what the border agent told you, he was going too far/trying to scare you)., but most likely, you will end up in losing either of your resident status.
 
1389, if you live in Canada continuously until Nov 2011, you can apply for a citizenship. So, if I were you I would apply for a re-entry permit from the USCIS and live in Canada to be eligible for Canadian citizenship. If you apply for a RP sometimes in the summer, you should be able to become Canadian citizen in the summer of 2012 and still retain the GC.
 
Thank you König

That is exactly what I was hoping to do. However, now I am afraid that, since there are notes in my file at the USCIS that I also have a Canadian PR status, that they will not approve my re-entry permit if I apply for one, or that even if I do get a re-entry permit, they will seize my GC when I appear at a port of entry later than one year after my first entry to the US as a PR, but not having settled in the US during that time. This is what they had instructed me to do if I want to keep my GC and everything is, I am sure, in their notes.

Que-pensez vous?
 
Actually, I messed up the dates. You started living in Canada only in Nov 2009, so you will be eligible for the citizenship in Nov 2012 (3 years). So, you can become a Canadian citizen sometimes in the second half of 2013. The re-entry permit will not help in this case.
 
Well, for right now, I am only concerned about maintaining the PR in both countries. What does anybody think. Do I have a shot?

Regarding König's previous post, can you not, once you meet the eligibility for Canadian citizenship, apply for it, than leave Canada and come back for the test and the ceremony whenever they schedule them?
 
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