Same old topic US GC and Canadian PR but with a twist. Please help if you know

S

sudiptabhaskar

Registered Users (C)
Hi,

I understand that if someone holds Canadian PR and then gets their GC, it becomes more of a technicality as to how would or could they maintain the both. As far as I know, Canada doesn’t care if you got a GC or not as long as you satisfy all the requirements to maintain your status in Canada. Not getting into this technicality (how one can maintain both), I would like to ask a little different question.

I have got my GC Last year and got my PR stamp (just the visa) this month. I live and work in the US. I know that I can maintain both technically even when living in the US (had a long email exchange with TripleCitizen before and spoke to a lawyer as well) and I am not getting into that debate. My question is more of a legality issue. Is it illegal as far as US is concerned, for me to get Canadian PR even if I maintain my job and residency here in the US? I am hoping that a mere stamp wouldn’t freak them out (last time I crossed the border from Canada with the stamp, it didn’t freak them out) but when and if I land then it becomes a different issue.

I understand that getting the PR after the GC makes it a little different than getting a GC after the PR.

I know I can cross the border by land (for now at least) just by showing the GC and they wouldn’t know but what if I come in from another country after a vacation by plane? Even if I have all evidence of my continued residency here (license, lease, pay stub, credit card, bills etc.) can an officer at POE stop me from entering? Or at least, will they have to refer me to a judge after letting me in? So far, I have heard of one case on the net where the officer at the POE didn’t let the I485 holder in. But they didn’t have a GC and all the papers with them. So I am assuming that may not be the case in my case.

RealCanadian, TripleCitizen and other gurus, if you know an answer to this please let me know.

Also if any of you know a good lawyer whom I can talk to please let me know.

Appreciate your time.

P.S. I know I can get US citizenship after 4 years and apply for Canadian PR after that but for some unavoidable circumstances it will be better if I get the Canadian PR now. I am just trying to measure the risk.
 
Not a goal but for some unavoidable reasons (family and stuff) if I could maintain both for next 3 to 4 years that will be great. Like I said, I am not worried about the 'how' but more on the legal side particularly the border crossing.

Thanks
 
that's personal, sorry. And I don't think the answer will depend on the reason. The officer at the POE will not go by my reason but the legality of it, right.

thanks for asking though.
 
I would think that acquiring permanent residence in another country could be seen as evidence of the intention to abandon US residence. Next time you enter the US, tell them about your Canadian PR and see if you still get to keep the green card.
 
The only way to get and keep both (canadian PR and US GC) of them safely as long as you wish is to to live in Canada close to US border and work in the US.
Then you are a Canadian PR under both canadian and US law and a US alien commuter under US law. That way you can keep both, but your US naturalization is frozen, and you cannot petition for your relatives under US law.
 
Even if straddling the border, inevitably the questtion will come up (when crossing into US): Where do you SLEEP (No kidding. CBP officers ask this very quaestion)? If your answer, and/or your Provincial plates, Driver's license, etc, would indicate that you LIVE in Canada, without an I-131 they can and do confiscate your GC on the spot.


Cdn immig officers are not so harsh (especially since one is not required to have any ties in canada for upto 3 years to be a PR).

So, the goal is to become sufficiently present in canada without giving up your US 'appearance'. That, or minimize your border crossings.

In fact, it is these so-called commuters (GCs but without commuter GC) that get hit with GC confiscation more than others, since officers mentally note there crossings EVERY morning into US.
 
Appreciate your post Nelsona.

I do and will be 'sleeping' in US and my plate will be a US plate, DL and everything else will indicate that I live in the US.

That's why I've posted this thread cause there might be a thin chance for me.

I will continue living in the US for at least 340 days a year. Like I said I don't wanna get into how will I maintain my Canadian PR cause I can for first 3 years)


So my goal is to live in USA with a Canadian PR stamp on my passport and getting my GC confiscated and as far a crossing the border is concerned, I don't think I will do that more than once a year , at least not via plane.
 
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