Will having PR status in Australia invalidate GC?

[alex_nj]

Hi guys,

I'm not a LPR yet, but I hope to be soon... Waiting for the NVC to send my case to the consulate. The thing is, I applied for immigration to Australia while waiting for my U.S. priority date to become current (family-based). I got Australian PR recently (didn't get the passport stamped yet). Now, if I everything goes well and my U.S. GC is approved, I intend to live in work in the U.S. However, I'd like to keep my Australian visa as a backup in case anything ever goes wrong (it's valid for 5 years).

I have read somewhere that becoming PR of a foreign (non-U.S.) country can be cause for taking you GC away. For example, this thread discusses something similar, but I never gathered what the conclusion was

forums.immigration.com/showthread.php?t=298361

There are two options that I have now:

A. Get the Australian visa stamped in my passport, wait for U.S. GC to be approved, enter the U.S., then travel to Australia for a day or two to "validate" PR status (you have one year to enter from the date visa was granted). After that, I can return to the U.S., Australian PR status will still be valid for 5 years.

B. Get the Australian visa stamped in my passport and travel to Australia for a day or two to "validate" PR status BEFORE getting U.S. GC.

I like plan A better, since this will allow me more time AND U.S-Australia plane tickets are significantly cheaper. My concern is that I might have a problem coming back to the U.S., if they ask me about my Australian PR visa at U.S. immigration... If I tell them the visit was only for a day, and I intend to continue living in the U.S., will it be OK? Or is GC still at risk?

For Plan B, there is no such issue... still, if I ever want to travel to Australia for tourism, for example, but using my PR visa, will it be a problem when entering the U.S.???

I know a lot of yo guys have had similar issues with CAN/UK/AU/NZ PR, so please share your thoughts and experience.

Thanks a bunch!

 

[cafeconleche]

Well, the fact that you got your Australian residency BEFORE your US residency might make it oke, since CIS can assume you now plan to keep US residency. I think you'll be oke, but I suppose some others on this forum can give you more detailed feedback.

 

[alex_nj]

That's what I thought...

You're right, from what I read it shouldn't be a problem as long as PR in another country was obtained before GC... However, the issue is entering another country on this PR visa for a short visit and then returning to U.S. I'm sure many people here have kept Canadian PR and GC for a while, for example... any problems coming back in? Can they establish "intent to abandon GC" or smth to that effect based solely on your entering a foreign country on a PR visa?

 

[Jackolantern]

By itself, having PR in another country is unlikely to make you lose your GC. But it can be a problem when combined with other factors, such as entering that other country frequently or for long trips.