possible citizenship issue

N

nickua

Registered Users (C)
I’ve just applied for the US citizenship (based on 5 years residence), waiting for scheduled fingerprints to be done. Here’s my problem. Last year I got Canadian PR card (I had plans to switch my regular Green Card to commuter Green Card, but due to some reasons it never happened). When my wife was coming from Canada through Detroit and bringing my Canadian PR card, she was searched and IO found this (my Canadian) card. The IO made a copy of it stating it was illegal to have it (but based on what?). I did some search on-line, e-mailed couple attorneys, got replies from them and based on that I’m coming up with the conclusion that it looks like that I should have no problems at the interview. Since I completely met that PR requirement of staying in the USA and my Permanent Residence was the USA, and I was outside the USA only for 26 days in total (since I became PR in the US in 2005). Plus, there’s nothing posted on USCIS web-site (and I was not able to find something in the Immigration Law) saying that one is prohibited from having another residence (as long as you meet the US residence requirements). What’s more, since my last visit to Canada last year I have never visited my wife again (didn’t want to create problems at POE thus jeopardizing my Green Card). I’m pretty sure how my interview will look like and what it will be based on (especially when they look through my passport and will find Canadian visa). So, I’m preparing myself for any possible scenario (even the worst – loosing PR if they do so). What are my chances of getting US citizenship base on that at all? Does anyone have any kind of experience like this?

Thank you.
 
If you are claiming permanent residence in US, you should not be trying to set up residence in another country. While this may not be written in a law book, IO might want to investigate it further.

The question is whether this information is available to the IO, and whether you are obliged to report it.
If the IO knows based on your wife's interview, then you need to own up when the IO asks. If the IO does not ask, keep quiet.
Otherwise, I do not think you are obliged to report it yourself ... as long as all your answers are truthful, you should not have much to worry.
 
Plus, there’s nothing posted on USCIS web-site (and I was not able to find something in the Immigration Law) saying that one is prohibited from having another residence (as long as you meet the US residence requirements).
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That is true in isolation... but when combined with other facts of your case, having PR of another country could be the deciding factor against you.

However, with only 26 days outside the US, it is almost certain that the interviewer won't spend any time questioning your continuous residence.
 
Jackolantern said:
That is true in isolation... but when combined with other facts of your case
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Could you please specify this?

I have no clue what are the other facts of my case.
I would think, having couple loans (and already paying one of them), going to school, work in the USA etc - aren't these the factors which show and prove my continuous residence and intentions in the US?

How about the people who would leave the US and come back on permanent base for 2-3-4-5 months couple times a year? What does it show and say about? But still, they're granted the entrance into the USA and, furthermore, the citizenship in the long run?

Doesn't it sound like applying dual standards in this case?

Thanks.
 
sanjoseaug20 said:
If the IO knows based on your wife's interview, then you need to own up when the IO asks.
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My wife is not a US resident. She had been questioned while crossing the border in Detroit. And I bet, she barely remembers now what she was questioned last year:)

Anyway, I'm completely agree with you in terms: if it isn't broken, don't break it.

The only two things I'm not sure yet how to deal with:
1. When they take my passport and will look through it, finding my Canadian visa which was crossed out.
2. I still have my Canadian PR Card
 
nickua said:
Could you please specify this?

I have no clue what are the other facts of my case.
I would think, having couple loans (and already paying one of them), going to school, work in the USA etc - aren't these the factors which show and prove my continuous residence and intentions in the US?
Click to expand...

I didn't mean "your" case personally, I meant the generic "your".

Picture somebody who had three trips to Australia of 5 months each, with two weeks in the US in between. That's an iffy case, but still a realistic chance for approval ... until the interviewer realizes the individual acquired Australian PR status, and therefore denies the N-400. The Australian PR by itself is not enough for denial, but when combined with the other facts (3 trips of 5 months to Australia), the Aussie PR was the "nail in the coffin", the "last straw" that sealed the denial.
 
nickua said:
So, based on what you say, I should be OK. Right?
Click to expand...

Nope, you won't be okay. It is going to get complicated in your N400 interview, primarily because you have been acquiring PR status in other countries. How did your wife get caught with your Canadian PR? Just brace yourself to explain the situation.
 
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