Successful interview at Montreal and landing at Detroit

P

prithis

Registered Users (C)
Folks

Though I have posted this on the Montreal thread, I have taken the liberty of posting it in this thread as well as there are some aspects of my case which would be of interest to other Indians going through the GC process. I will be revisiting this forum, so please feel free to ask me questions.

My experience has been uploaded as a word document. File attached

- Prithis
 
prithis,
Is it true that when I decide to land on the US permanently, I have to give up my Canadian PR resident card?
 
Garry5224:

Indian PCC - You need to make a trip to Toronto. The Indian Consulate (http://www.cgitoronto.ca/) is on 1835 Yonge Street, 4th Floor. You can download the form from the website. The fee is CAD 20 per person. You need to take your original passports (Indian and/or Canadian) and PR cards. You can also give them a self-addressed envelope with CAD 7 extra for mailing the pcc to your Windsor address. They will take 6 weeks. They will return the passports immediately.

Canadian PCC - It seems that you are resident in Canada, so a "name check" pcc from the RCMP should be sufficient (as opposed to the fingerprint check pcc which takes several months). If you are not a Canadian resident, you will probably need the fingerprint based PCC. I did my name-check PCC through International Fingerprinting Services (http://www.policecheck.com/), a company contracted by RCMP for providing this type of service. I went to their Scarborough office in Toronto at 4002 Sheppard Ave. East, Suite 206, Scarborough, Ontario MIS IS6. They charge CAD 25 for the name-check PCC. The certificate actually comes from RCMP in about 5 days. It is an official RCMP document. Unfortunately they do not mail the PCC, and you may have to make a second trip to Toronto to pick up the certificate.

- Prithis
 
lucienmike:

The Canadian PR will not cause any problems in the green card process, but if they know that you have a Canadian PR, you will be asked to surrender it when you go for the landing for the first time on the US immigrant visa. In my case, I am a Canadian PR who has just got the green card. The INS agent informed me that I needed to give up my Canadian PR, but I would be given reasonable time to do this and move to the US. However if I continue to hold on to the Canadian PR, then the INS could revoke my green card. He told me that he had put a note to this effect in the system against my A number. When I asked him what he meant by reasonable time, he said "a few months". To be on the safe side, I am going to surrender my Canadian PR in 3 months, after moving permanently in the US.

This is in spite of the fact that I have completed 730 days in less than 5 years in Canada and met the requirements for retaining the Canadian PR. I called the Canadian Immigration about this. They said that as long as I met this condition, I can retain the Canadian PR and get a new PR card after 5 years. But if after the next 5 years, I do not meet the requirement of 730 days, I will have to give up the Canadian PR.

The INS does not seem to care about this. They insist that you must give up your Canadian PR when you get your US green card.

Incidentally, my daughter is Canadian as she was born in Canada. She can sponsor me back as a Canadian PR when she is 18 years old, but that is too far out in the future.

- Prithis
 
Prithis,
Thank you for your reply. I have another question. I want to know how to surrender my PR resident after I emigrate to the US. Thanks.
 
Question to Prithis regarding Canadian PCC

Prithis,

First congratulations on your successful interview and becoming a PR in the US.

I am also in the process of obtaining my PR in the US through CP. I am almost in the final stages of collecting all documents that are needed for the CP interview.

I am also a Canadian PR. I have not yet landed in Canada, will be doing so next month. I don't plan to stay in Canada, land and then come back to US.

Do you think I would require a PCC from the Canadian authorities for my upcoming CP interview. I am not a Canadian resident so I am pretty sure that I wouldn't require a namecheck PCC. Do I require a Fingerprint PCC?

Based on your experience, would you advise me not to land in Canada as a PR before my CP interview?

FYI, I am living in the US for the past 5 years and have been to Canada as a tourist.

Your thoughts in this matter is highly appreciated.

Thanks,
DA
 
lucienmike:

I asked the Citizenship and Immigration Canada exactly this question - how to give up my Canadian PR once I am settled in the US. The CIC agent told me that I could give it up at any of the Canadian Consulates in the US.

- Prithis
 
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jalabalajings:

You would need a PCC from Canada if you have lived in Canada for at least 6 months. Since you have not, you will not need a PCC from Canada.

Your second question is rather complicated, so bear with me while I try to explain the options. Please note that I am a layman in immigration matters and not a lawyer, and my advise is based on purely personal experience.

I am assuming that the reason for your decision to land in Canada as a PR is that 1) your Canadian immigrant visa expires soon, 2) you want to keep Canada as a back-up option in case something goes wrong with your US GC application and 3) your US green card interview date is still unknown to you, and it is not due immediately.

If the above assumptions are correct, I would advise you to do the Canadian landing next month. I think it is important to keep Canada as a back-up, and not to let the Canadian immigrant visa expire without landing. If however your Canadian visa is not expiring soon, I would advise you to land in Canada as late as possible, maybe a few days before the expiry date.

In the above scenario, you would land in Canada. The CIC will process your PR and put a Landed Immigrant stamp on your passport. Your Canadian Immigrant status will be accessible to both the Canadian as well as the US immigration authorities as they have access to each other's systems at every border point.

If however your GC interview is coming up soon and the Canadian visa expiry is some way off, I would advise you to simply go for the GC interview without doing the Canadian landing. If you get through the GC interview successfully (and chances are that you will if all your documentation is complete) then you can simply forget about the Canadian PR. If for some reason your US GC is turned down (normally this will not happen), you could do your Canadian landing at that time.

In any case you need to know that holding on to two PRs is risky. If you get the Canadian PR first and then get the US GC, then you will need to give up the Canadian PR assuming that you are more interested in the US GC.

- Prithis
 
Prithis, thanks again. A final question. The INS can won't give me a green card after I land on the US till I give up my Canadian PR?
 
lucienmike

The INS will process the immigrant visa and put the I-551 stamp on your passport at the POE, but, as in my case, they may put a note in the system against your A number about your Canadian PR and that you need to surrender it within a reasonable time.

- Prithis
 
Thanks Prithis

Prithis,

Thank you very much for your reply. The answer to my first question was pretty straight forward.

The answer to the second question was also straight forward but has created a dilemma in me.

As per my earlier post, the Canadian PR is stamped in my passport but I am yet to land in Canada. I have to land by the 9th December 2004.

Now, my current position in obtaining the U.S. GC is ina few months. I am waiting for the P3 from NVC. Based on this trend I may get an interview in August, 2004.

I was under the asumption that I could land in Canada in May, 2004. The reason I did the Canadian PR is that it would serve as a backup if something goes wrong with the GC process and also if my brother applies for Canadian PR he will get five points based on me being a PR. So, at any cost I have to complete this process.

The questions is when to complete the landing process?

Based on your answers I think it wouldn't be a harm if I land in May, 2004 and then attend the GC intereview in August, 2004. I also understand that holding to two PR's at the same time is risky. But I also know of friends who has both. Of course these friends did not do CP , instead they did the 485 process. But they weren't asked any questions during the GC stamping.

Please help me decide based on your experiences and suggestions.

Thanks again,
DA


Originally posted by prithis
jalabalajings:

You would need a PCC from Canada if you have lived in Canada for at least 6 months. Since you have not, you will not need a PCC from Canada.

Your second question is rather complicated, so bear with me while I try to explain the options. Please note that I am a layman in immigration matters and not a lawyer, and my advise is based on purely personal experience.

I am assuming that the reason for your decision to land in Canada as a PR is that 1) your Canadian immigrant visa expires soon, 2) you want to keep Canada as a back-up option in case something goes wrong with your US GC application and 3) your US green card interview date is still unknown to you, and it is not due immediately.

If the above assumptions are correct, I would advise you to do the Canadian landing next month. I think it is important to keep Canada as a back-up, and not to let the Canadian immigrant visa expire without landing. If however your Canadian visa is not expiring soon, I would advise you to land in Canada as late as possible, maybe a few days before the expiry date.

In the above scenario, you would land in Canada. The CIC will process your PR and put a Landed Immigrant stamp on your passport. Your Canadian Immigrant status will be accessible to both the Canadian as well as the US immigration authorities as they have access to each other's systems at every border point.

If however your GC interview is coming up soon and the Canadian visa expiry is some way off, I would advise you to simply go for the GC interview without doing the Canadian landing. If you get through the GC interview successfully (and chances are that you will if all your documentation is complete) then you can simply forget about the Canadian PR. If for some reason your US GC is turned down (normally this will not happen), you could do your Canadian landing at that time.

In any case you need to know that holding on to two PRs is risky. If you get the Canadian PR first and then get the US GC, then you will need to give up the Canadian PR assuming that you are more interested in the US GC.

- Prithis
Click to expand...
 
jalabalajings

The fact that you MUST become a Canadian PR to help your brother get 5 points somewhat changes the equation.

Given the facts of your case, I think you should do the Canadian landing first in May. After that you can go for the US GC interview. I am assuming you have opted for India for the interview. The Canadian PR should not create any problems during the interview process. If the Consular officer or agent at the POE asks you about your status in Canada (seeing your passport), you must answer honestly. But you must convince them that your intentions are to move to the US when you get your GC.

Chances are that they may not ask you about your Canadian status, as your Consulate is in India. In my case, my consulate was Montreal, so they knew it anyway.

It is true that there are people who have both Canadian PR and US green card, but the retainment of the PRs in either case is based on physical presence in the country. Hence in most cases people who have dual PRs will lose one of them anyway as they cannot meet the residence requirements in both countries.

- Prithis
 
Hello Prithis,

Thanks very much for all your posts, it really helps. I have two questions, and I was wondering that if you can help me out.

I lived in US for about three years before I move to Canada for PR. Right now, I already filed Canada Citizen in January, and expecting get the card around Nov. And my Package 3 is on the way to my home now.

1. Should I prepare for the police certificate for the period that I lived in US from 1997 to 2000?

2. You mentioned that you get name check in Toronto for the period you lived in Canada. We know that fingerprint clearance check in Canada take about 5 months, while the name check is faster.

My question is: Is the name check works for Consulate? do I need to do the fingerprint anymore? What should I say to the RCMP in order to get name check?

Thanks in advance for your help!

Best regards,

Motown
 
Motown:

According to the pkt 3 instructions which I received, "Present and former residents of the United States should NOT obtain any police certificates covering their residence in the US". If your Pkt 3 mentions the same (and I believe nothing has changed in this area), you do not need any police certificates for your stay in the US.

If you are resident in Canada, which I presume you are, a name-check certificate is sufficient and is accepted by the US Consulate in Montreal. You need not do the finger-print based PCC for Canada. I did my Canadian name-check pcc through International Fingerprinting Services, a private company contracted by RCMP for this type of service. I got my pcc in 5 days. This pcc is an official RCMP document. This company's website is www.policecheck.com and they have branches in several cities in Canada.

- Prithis
 
Hello Prithis,

Thanks very much for your quick and detailed response!

Have a nice day!

Motown:)
 
seeking help with RCMP

Hi Prithis,
Thanks in advance for the info shared. But, can you please specify the steps to get the RCMP clearance. I am a Canadain resident too and just received pack 3from NVC for US green card. I would really appreciate your favour.
prithis said:
Motown:

According to the pkt 3 instructions which I received, "Present and former residents of the United States should NOT obtain any police certificates covering their residence in the US". If your Pkt 3 mentions the same (and I believe nothing has changed in this area), you do not need any police certificates for your stay in the US.

If you are resident in Canada, which I presume you are, a name-check certificate is sufficient and is accepted by the US Consulate in Montreal. You need not do the finger-print based PCC for Canada. I did my Canadian name-check pcc through International Fingerprinting Services, a private company contracted by RCMP for this type of service. I got my pcc in 5 days. This pcc is an official RCMP document. This company's website is www.policecheck.com and they have branches in several cities in Canada.

- Prithis
Click to expand...
 
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RCMP steps

Hello ash_Can,

I think it really depends on RCMPs. Most RCMP will give back the result to you within one week. And some of them can give it back to you in about 15 minutes.

Steps:
0. Call the RCMPs around your area, ask their procedures, timing, cost.
1. Ask your lawyer to write a letter for you. Either give it to you, or fax it to the RCMP.
2. Bring the letter, cash, and passport, driver ID, and whatever other IDs to RCMP.
3. ...

Good luck to you!

Motown
 
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