Question about US I-485 process and Canadian GC

N

nnr2001

Member
Hello:

I am in US and have ALREADY applied for US permanent residency
adjustment of status. (VSC MD 11/6).

However, with the economic situation as it is, I am interested in
stamping Canadian PR also. I have a valid Canadian permanent resident paper , but NOT yet yet a landed immigrant. My canadian permanent
resident visa expires in end of Dec (!)
If I go to Canada and become a landed immigrant, I can use the CAN 183
day rule and I wish to come back to USA and continue working here on
H1 visa. If something happens to my job in US meanwhile, I will go to Canada.
Suppose, I decide to continue in US, my Canadian PR will become
invalid but my passport will not have any proof reflecting it. Now
when I get called for US permanent resident interview WILL the Canadian
PR stamp create any problem. When I applied for US permant residence
I did not have a canadian PR. Later I acquired it, but interested in
surrendering it and getting US PR itself. The reason is my US
permanent residence is tied to my employer and not in my control whereas Canadian PR I applied myself.

Anyone had/has similar experiences ?
I know people can have dual citizenship in US and Canada, though.

Any ideas welcome
Thanks!
 
CPR

- The Canadian PR stamp should not be a problem, however, you\'ll be asked to give up one of the PRs. If asked, you may explain, that due to the uncertain climate after 9/11, you thought of CPR as a safety, but your preference is USPR.

- Canada allows dual citizenship.

- Also, a new law has been passed (but the regualtioans are awaited) which will allow to keep your CPR if you remain present in Canada for 2 years out of 5 (instrad of 183 days in a yr.).
 
Rapidloss,

It is very easy and do not pay any lawyer to do Canadian PR.
Visit the site mentioned above and do it on your own. It
may take a month for you to get all your paper work done
and another year before you get your papers(I got it in
two months but that was in 1999).
 
Red Flag

Maintaining two residency statuses are not only wrong, its illegal. I am surprised how the other person in this thread is suggesting the ways to get around all the laws and taking advantage of gray areas in the immigration laws of both countries. I had been allowed Canadian PR once but never landed. I withdrew my application with ROL fee refunded. I had it for my own personal reasons, not because job/status insecurity in the US or anything.

I know several people whose H1 visa was revoked due to this while returning back from Canada or doing daily trips from Canada for working in the U.S and living in Canada. If you have CPR, but live in the U.S and somehow maintain your residency status in Canada by prividing false address etc, that is an obvoius violation of law. A friend of mine was denied entry into the U.S when returning from his homeland who had CPR and had a valid U.S H1 approval/visa. I have another friend who\'s revalidation of H1 visa was denied becuase he was a landed canadian immigrant. One guy had his Canadian Citizenship denied because he had revalidated his U.S H1 visa about 4 months prior to applying for canadian citizenship. Another friend had his AOS stamp denied twice before he actually got it because he had CPR stamp on his PP even a "VOIDED" one.

It is a loose-loose situation. I strongly recommend not to unnecessarily complicate things. If you land in Canada, physically move and work in Canada. There is no second (legal) option. If you don\'t intend to physically move and work in Canada, then DO NOT land.
 
javedg,

You have six months after landing to decide if you
want to move to canada or not. Since he has already
spent money for the processing he should get it
stamped and decide later (has six months).
By then he will know if he gets US PR or not,
so what is wrong in getting it stamped ??

He still has time to decide...
If six months passes into I-485 he can go
and det the Canadian PR \'VOID\' so he is not
loosing anything. It is not taking advantage
of loopholes but getting what you paid for..

Mind you I got my Candaian PR stamped but it
is now not valid ..

Most people dont know what has to be done
after lanidng, so I was trying to educate him.
All those are useful ,if in case he gets laid
off in six months and wants to move to Canada.
Anything wrong in that ??Was I advising him to
do anything illegal ?? I was suggesting he
gets it stamped and play safe.. If you think
having two PR\'s is illegal get the Canadian PR
\'void\' after six months.(when you are safe)

I also do not believe your statement that
your friend had problem getting his AOS
stamp because he was once a Canadian PR.

No way that can be true..

No way a Canadian PR holder can be stopped
from comming into US if you have valid H-1.

No way a h-1 can be invalid if you are a
canadian PR.
You better be giving the right information...

Only thing I agree is once you get Canadian PR
stamped you have to move to canada within six months
or else you are illegal.
If you get laid off in six months , you can move
there and be safe.

(THE EXAMPLES YOU HAVE GIVEN MIGHT APPLY ONLY
AFTER SIX MONTHS.THE FIRST MONTHS YOU ARE
LEGAL TO LIVE IN US.)
 
Thank you!

All opinions well received. I tend to more agree with indian_gem
as I am just following the law and I am ready to surrender one PR.

Thanks guys, you are great
 
No Title

Guys !

I think it is case depedent. I came in Canada in Sept.1996. Got PR there in 1998. Moved US in 2000. I still have RRP valid untill end of 2001. I went once though I worked there. I never had problem at border. I filed my taxes in both countries and I shown all my US income and paid Canadain Taxes. Not paying taxes or advising not to report income depends upon what you want to do. As such if you keep on paying taxes you can get your RRP for Canada as long as you show intent to return. I have been approved my RRP for Canada twoice and I am again applying for another RRP valid for 2 years.

But I had to give a solid proof that I am coming back there.

Any way guys it may help some one needy of this info.

Kishan Patel
 
Howmuch time that canadian visa will take after getting file number?

Hi NNR2001
We have applied for canadian immgration two months back.Recently we got a letter it says they will take minimum 6 months for processing.We got file number with date 13 th NOV.
My question is how long it will take for them to process my application.And after approval how long it will take to complete medicals and final landing papers?
Thanks,
Swach
 
No Title

Swach,

       My friend applied and with a RD of 05/01/2001 still did not
receive any documents(except receipt) from the Immigration office. So he called them last week and was informed that it is presently taking
8-10 months(it took me a month in 1999) from RD for the medical documents to be sent out. Once you complete your medicals at authorized hospitals it takes a couple of months to receive the actual PR ,which you can get stamped at any border crossing.So
comparing your case,say jun-aug 2002.

        I am sure they are receiving thousands of apps with
people in US getting laid off and the economy going no where.

Kishan Patel,

        What is RRP,return permit ?? How do you apply and max how
long is it valid ?? Is it possibel someone get PR stamped and immediately get RRP ?? THANKS.
 
What kind of proof is good to show that you will come back??

Hi Kishan,

I also have CPR in 1996, but RRP once denied in 1997 by showing improving skills by attending college in US and working in US.

Can you tell me what reasons are good to prove them that you will come back to Canada???

Thanks...
 
No Title

nnr2001,
      If you do get your PR stamped, do not forget to get the
following.
1.Declare all the furniture and electronic items
  you will be taking in the next six months at the border.
2.SIN card
3.Medical Card.
4.Bank Account.
5.Canadian Driving License.

Spend some time. It is worth it. Canada is a great country
and has some wonderful benefits.

You will be sorry later if you do not.
 
Iagree with your opinions but..

they are not the law. I checked with my lawyer and he said that
having another country\'s PR status is not incompatoble with
getting US GC. He did say that eventually you have to decide
where to go since you cannot be PR of two countries :)
But the US PR will be in danger only if you leave the US and try
to start living in another country as a PR...sme thing applies to
canadaian PR too. SO you can take a decesion after you get your US
GC. I have known lots of examples where candian PRs got their
US GC stamp.
 
No Title

You are right. My own cousin who is an Australian GC holder
got permission to stay outside the country for 5 yrs and
later got his US greeen card stamped. Now he is getting the
Australian GC extended again for another 5 yrs...All legally.
 
My case

My case around 5 months after getting the file number,
I got a letter to go and get the medical done.
That is in our control. Fix an appointment with the list they
give and the doctor will send the result directly to
Canadian Immigration.
After 1 months, they will send you a paper that you can pay the ROL
fee.
Once I paid that I got the Immigration papers in 2 months.
I my case it took 8 months after I applied first to get the final paper
Very good turnaround time compared to US,
May depend on a case to case basis.
 
Exceptinal case

Say somebody got Canadian PR and Labour certification of US at the same time. He does not want to loose Canadian Citizenship by anyway(since getting green card is time consuming and uncertain). So he decided to land and stay Canada for 3 years and get citizenship. However I have heard that after applying for I-485, you can not leave US until and unless you get GC. So it is better for him to apply for I-485 after getting the Canadian passport. Is it possible he can lengthen his processig of I-141 to I-485 upto three years. say he applied for I-141 after one year of getting LC, and after getting I-141 approved(say 6 months) he than applied for I-485 after 1.5 years. Is it possible in consistent with present immigration laws/practices of US?
 
You are get Parole if you are not sure in 6 months

Just to add one more point here.
If you don\'t get any decision here in 6 months period you can still keep your CPR by applying for parole. You can inform them that you are going to be out of country for sometime and you can get permission.
 
No Title

Following could be proofs for your intent to return in Canada

(a) Maintaining bank account
(b) Maintaining RRSP (Registered retired saving plan: like US 401K plan)
(c) Maintaining RESP (Registered educational saving plan) for children
(d) Go and work there for once while
(e) never forget to file federal taxes in Canada
(f) mainatin some short of relations with acedmic institute if you are working in Univresity in USA
(g) If you have Canadian born children show that you have Cnadain connections though your child is a minor but you have Canadian relative living with you in USA

Many other papers you can produce.

I applied RRP twoice it never refused. I am going to apply again.

Hope this helps you

Kishan Patel
 
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