Two Green Card! Please Advise!

P

pbsinfo

New Member
Hi All

Currently I am in USA on Green Card. While I was waiting in 485 and my company was doing bad, I applied for Canada permanent residency, Now they approved the Canada residency and ask me to send passport for Visa. I mailed them the passports of my family and I got Immigrant Visa stamp and IMM-5292 forms. They given me time up to end of 2003 otherwise visa will expire.

I have few questions
==> Is there any benefit now to get the permanent residency of Canada? I like to maintain my USA status properly.
==> Is there any way to maintain both status?
==> did it make any problem to me while I will try to get citizenship for USA?

Please advise me. Thanks.
 
You could only maintain 1 residency of any country . If you try to maintain canada too , you will have to pay taxes there and move there eventually or lose it .

Wait for your GC , if you do not get it for a certain reason (hope you do ) then move to canada .
 
Currently I am in USA on Green Card. While I was waiting in 485 and my company was doing bad, I applied for Canada permanent residency, Now they approved the Canada residency and ask me to send passport for Visa. I mailed them the passports of my family and I got Immigrant Visa stamp and IMM-5292 forms. They given me time up to end of 2003 otherwise visa will expire.

I have few questions
==> Is there any benefit now to get the permanent residency of Canada? I like to maintain my USA status properly.

-----Canada PR has nothing to do with US GC, just land in Canada and come back no problems you can be out of Canada 3 years in any 5 years, land before Canada PR visa expires
==> Is there any way to maintain both status?

------ Once you get US GC then decide what to keep if you don’t live in Canada for 3 years the Canada PR status will be automatically abandoned
==> did it make any problem to me while I will try to get citizenship for USA?

------ For citizenship for USA you have to satisfy US residency of 5 years and pay taxes in US.
 
Taking canada PR after US GC will put your GC in danger and also your US citizenship . It is as good as you have abandoned your US GC for another country's PR

Call BCIS on this
 
more info.

Thanks bhand11683.

Actuly you are right, accepting the Canada PR means abandoned of my USA green card and ultimatly problem with my USA status.

See I already got the immigrant visa and IMM-5292 forms, do you know what I should do with them?

Is receving above two documents means I accpted the Canada PR? I just want to make sure am I in trouble right now or if I go physicaly to canada and accept the PR card, SIN card then it will be the problem.

If physicaly I don't land in Canada so am I eligible to get back my landing fee?
 
Is receiving above two documents means I accepted the Canada PR?

----NO, once you land then you become Canada PR
I just want to make sure am I in trouble right now or if I go physically to Canada and accept the PR card, SIN card then it will be the problem.
----------It is NOT a problem, land and come back one can stay away from Canada 3 years in any 5 years. For US GC you have to meet the US residency requirements.
If physically I don't land in Canada so am I eligible to get back my landing fee?

---- YES, you can get ROLF back if you don’t land, write a letter/fax to Buffalo to send your ROLF back
 
thanks ginnu

Actuly I got chance to talk with usa immigration officers and one of them advice me not to go Canada.

Thanks buddy.
 
Pbsinfo

Do not land in canada .

Send the docs back and ask for your refund of landing fee. Save your US status . Landing in canada will jeopardize your US status and it will be very difficult for you to convince anybody that you landed as a PR without the intention of being a PR or living in canada .

Take care
 
pbsinfo, you can land in Canada.

Hi pbs,

I got USA green card in July 2002. and after that, I landed in Canada in October 2002. At Canada landing time, there was no trouble. As well as, I asked Rajiv Khanna also. He told me there should be no trouble in landing canada with USa GC status.

Now USA GC status. Rule for USA GC/Citizenship is that, while having GC status, you have to stay in USA for consecutive 5 years(each year your stay in USA for 183 days is must). If you can fulfil this condition even after getting PR of Canada. Then there should be no prolem in getting USA citizenship. Well, by showing your pay stub and tax filing, you can prove that, you statyed in USA for 183 days every year for 5 years after getting USA GC.

Now Canada PR status. there is a 3 out of 5 years rule is there. means Once, you are having Canada PR. you can be out of Canada for 3 continuous years. but then next 2 years, you have to be in Canada.

So, you will have 3 years of time after landing in Canada, to choose USA GC or Canada GC. Condition is that (after landing in Canada after applying SIN #, come back to USA) during these 3 years you have to work in USA and pay taxes in USA. If you want to pay minimum taxes in Canada, it is upto you(I am not paying). This way you will have Canada backup for 3 years.

After 3 years, if you can manage to go to Canada, you can continue Canada PR Otherwise, stay in USA. Your GC will be okay. As long as you will fulfil 183 days/year for 5 years, you will have USA citizenship also.

Advanatage to land in Canada after USA GC:
1. You can assign 5 points to your relative, if plan to apply for Canada.

Disdvanatage to land in Canada after USA GC:
1. You will be spending landing fee and other car/air/hotel expence to get in canada.

Ray S, Ginnu, Experts, correct me if I am wrong.

Note: I am not a lawyer or having legal knowledge.
 
Any one please help...
So can we accept (send our passport for stamping) and land in Canada when our US GC is under process. I have applied my 485 in Nov 02 and I am working on EAD now.
Please advise me, I am expecting a passport request letter very soon.

Thanks for your help.
 
Not to be rude to Vshah:

But In front of US and canadian immigration "analysis" do not work . I have had 1st hand experience with both of them when my wife and I lost our passports and all immigration docs in a car theft. None of them would let us enter their countries without docs although we had photocopies of all .

Believe me no body listens to the analysis and Tech details at immigration offices .

I know of people who rented US cars and were not allowed to enter canada , They were asked to either import or Go back . You might find some in this forums only . You cannot give analysis of 3 out of 5 years and say , It is okie to enter with a US car (rented or not) . It is they who decide and not us .

So my 2 cents , Do not give them an oppurtunity to take out "doubts" in your status . You might enter US and canada with both of GC's 1000 times but that one time you get "that" immigration officer who might take you in detention room and get a immigration DA to cancel one of your statuses you will have troubles entering your own country whichever it may be .

PS: I am not scaring anybody . To each his own and we are all responsible for our decisions .
 
How I am managing.

I got USA GC first and then Canada PR card.

After that,
I am staying in USA and visiting Canada 3 times in each year.
whenever I cross border(either country) using my own USA name plate car or rental car, I am showing USA greencard, and I am okay.

Well, if you have USA GC, and dont need Canada Permanent residency. Then dont land for fun. But, if you need it, then you can.

I wish, after 3.5 years(I passed 1.5 yrs after getting USA GC), I will post in this thread saying that, I got USA citizenship without any hurdle. I need 3.5 years of time.

Well, I have seen so many cases, who have H1B visa, they got perment residency/landed in Canada and then later got USA GC also. Mine is otherway case.

All decision makers has to think thouroughly and can have guidance of legal people also.
 
Thanks VSShah

Thanks For the Reply,

I really need Canadian Residency.

Just one more question, When you enter either country on US GC, did they never saw your passport, And If they saw and found two Residency stamps , did you never had to explain any thing.

Please reply, these are very important inputs for me.

Thanks again..
 
No, they never asked for it.

Canadian government not at all bothers once they see your USA GC plastic card. Dont show them passport. They will not ask you.

Even, after Canada landing, when I was coming back to USa. At that time, I gave my passport to USA authority. But, officer told me, this is not USA passport. Infact there was USA GC stamp inside. but, when he saw USA GC plastic card. He said, I am looking for this. So, only show USA GC, not passport.
 
HI Vshah

That means you are not claiming to be a canadian PR when you enter canada . You are entering as a US GC visitor.

What would happen if you went outside North America and would fly back in . I think you will have to show your passport at the airport right . What happens when they see both stamps ..
 
bhand, I have no idea.

bhand,

I understand, what you are saying. I know, I have to show my passport, while entering in USA(If I go out of USA and Canada).
I have no idea, what can be happened ?

Well, I will take care to keep my pay stubs and past tax returns statements(all are from USA only) with me, which can prove my intention to stay in USA. and I am taking care to stay not only 183 days in each year in USA, but all the year.

and If USA authority tells me to give up Canada PR. I will do that at that moment. Well, I will say USA authority about 3/5 rule also.

You are 'scaring' me man...
 
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