About Parent visit in canada who are USA green card holder

[nirmiti]

Hello Guys,
I have one query, my parents are the USA green card holder but after getting the Green card they stayed in the USA with my brother for 2months only & now they r in India from last almost 3yrs after staying 2months in the USA. Now they want to visit us in Canada, as having the Green card they don't need visitor visa of Canada I will apply for ETA but as they stayed outside USA for 3yrs I don't know green will be valid or not and they can enter canada without any problem with ETA. Shall I take risk to invite them to Canada in such a situation as not knowing validatity of Green card. Pls throw some light if anyone have information on it.

Thanks inadvance.

 

[Bryanna]

Hello Guys,
I have one query, my parents are the USA green card holder but after getting the Green card they stayed in the USA with my brother for 2months only & now they r in India from last almost 3yrs after staying 2months in the USA. Now they want to visit us in Canada, as having the Green card they don't need visitor visa of Canada I will apply for ETA but as they stayed outside USA for 3yrs I don't know green will be valid or not and they can enter canada without any problem with ETA. Shall I take risk to invite them to Canada in such a situation as not knowing validatity of Green card. Pls throw some light if anyone have information on it.

Thanks inadvance.

Your parents have most likely (in fact definitely) lost their US permanent resident status because they did not maintain residence for at least 6 months in a year + they have been living outside the US since more than 24 months (an exception could have been granted).

Your parents must contact USCIS to know whether or not their US permanent residence status has been revoked. They will likely have to apply for visitor visas and not eTAs

 

[scylla]

Hello Guys,
I have one query, my parents are the USA green card holder but after getting the Green card they stayed in the USA with my brother for 2months only & now they r in India from last almost 3yrs after staying 2months in the USA. Now they want to visit us in Canada, as having the Green card they don't need visitor visa of Canada I will apply for ETA but as they stayed outside USA for 3yrs I don't know green will be valid or not and they can enter canada without any problem with ETA. Shall I take risk to invite them to Canada in such a situation as not knowing validatity of Green card. Pls throw some light if anyone have information on it.

Thanks inadvance.

What Bryanna said. Their green cards are no longer valid. They need to apply for TRVs to visit Canada.

 

[nirmiti]

Your parents have most likely (in fact definitely) lost their US permanent resident status because they did not maintain residence for at least 6 months in a year + they have been living outside the US since more than 24 months (an exception could have been granted).

Your parents must contact USCIS to know whether or not their US permanent residence status has been revoked. They will likely have to apply for visitor visas and not eTAs

Thanks, Bryanna for replying. I know they might have lost their res status ( as per rule def they have lost but still no one knows as it is situation based ) and so if they directly come to Canada from India with that Green card will be they asked or refused to enter in Canada airport/border??. ( will Canadian officers chk validity of green card at border??). and is it okay if they will fly directly from India to Canada thru ETA??
As my mother was hospitalized in the USA those days and so parents came back to India for treatment we have some docs/ paperwork of same and because of treatment they need to stay out of the USA for so many days/yrs.
Thanks in advance.

 

[nirmiti]

What Bryanna said. Their green cards are no longer valid. They need to apply for TRVs to visit Canada.

Thanks, Scylla for the reply. I know they might have lost their res status ( as per rule def they have lost but still no one knows as it is situation based ) and so if they directly come to Canada from India with that Green card will be they asked or refused to enter in Canada airport/border??. ( will Canadian officers chk validity of green card at border??). and is it okay if they will fly directly from India to Canada thru ETA??
As my mother was hospitalized in the USA those days and so parents came back to India for treatment we have some docs/ paperwork of same and because of treatment they need to stay out of the USA for so many days/yrs.
Thanks in advance.

 

[scylla]

Thanks, Scylla for the reply. I know they might have lost their res status ( as per rule def they have lost but still no one knows as it is situation based ) and so if they directly come to Canada from India with that Green card will be they asked or refused to enter in Canada airport/border??. ( will Canadian officers chk validity of green card at border??). and is it okay if they will fly directly from India to Canada thru ETA??
As my mother was hospitalized in the USA those days and so parents came back to India for treatment we have some docs/ paperwork of same and because of treatment they need to stay out of the USA for so many days/yrs.
Thanks in advance.

The problem they are going to run into is obtaining the eTA. You must have a valid green card to qualify for an eTA - their green cards almost certainly aren't valid.

If they apply for an eTA and say their green cards are valid, but when IRCC performs a check they find the green cards are no longer valid - your parents will end up being refused and will also risk a misrepresentation finding (and a potential 5 year ban from Canada).

As Bryanna has said, they need to verify with the U.S. government if their green cards are still valid. If they are not - then an eTA isn't an option and they have to apply for a TRV. I would not apply for an eTA until you know if the green cards are still valid. If you apply for the eTA without checking the validity of the green cards, you're risking your parents being banned from Canada.

 

[nirmiti]

The problem they are going to run into is obtaining the eTA. You must have a valid green card to qualify for an eTA - their green cards almost certainly aren't valid.

If they apply for an eTA and say their green cards are valid, but when IRCC performs a check they find the green cards are no longer valid - your parents will end up being refused and will also risk a misrepresentation finding (and a potential 5 year ban from Canada).

As Bryanna has said, they need to verify with the U.S. government if their green cards are still valid. If they are not - then an eTA isn't an option and they have to apply for a TRV. I would not apply for an eTA until you know if the green cards are still valid. If you apply for the eTA without checking the validity of the green cards, you're risking your parents being banned from Canada.

Thanks, Scylla. Perfect reply. My bro called USCIC & they said if u need to save residence we need to show proper papers/ docs of the reason of why parents were away from long yrs so that we can regain status by verifying valid reason. So it means green card still valid to enter USA / Canada??

 

[scylla]

Thanks, Scylla. Perfect reply. My bro called USCIC & they said if u need to save residence we need to show proper papers/ docs of the reason of why parents were away from long yrs so that we can regain status by verifying valid reason. So it means green card still valid to enter USA / Canada??

If your parents try to travel to the U.S. now using their green cards - they should expect their green cards to be revoked at the border. They need to take action if they want to save their green cards. That's what USCIC is telling you. Your parents need to take those steps.

 

[Bryanna]

Thanks, Scylla. Perfect reply. My bro called USCIC & they said if u need to save residence we need to show proper papers/ docs of the reason of why parents were away from long yrs so that we can regain status by verifying valid reason. So it means green card still valid to enter USA / Canada??

I fully concur with @scylla posts/advice.

Your parents could have been granted an exemption from the residence requirement if they had returned to the US within 24 months. But they have stayed outside the US for more than 36 months. There's almost zero chance that their US green cards are still valid.

Your brother did not write to USCIS with the specific details about your parents' case. It is a completely different matter to get general advice over the phone

 

[nirmiti]

Thanks, guys for ur valuable suggestions. I will try for Canada TRV now instead of thinking on the validity of Green card. Thanks once again.

 

[nirmiti]

One more query guys. My mom entered Canada last time (2.5 yrs back) with a valid Green card by having an ETA which is valid for 5yrs I think. so based on this ETA ( but invalid green card status) could she able to enter in Canada now. or they will measure green card's validity too in this case.

 

[nirmiti]

if the above case is not valid ( about having ETA ) then Can I apply for TRV from inside Canada by being their family repres as they are in the home country (India) now.

 

[Bryanna]

One more query guys. My mom entered Canada last time (2.5 yrs back) with a valid Green card by having an ETA which is valid for 5yrs I think. so based on this ETA ( but invalid green card status) could she able to enter in Canada now. or they will measure green card's validity too in this case.

The eTA was issued based on your mom's US green card status. The eTA won't be valid if her US green card has been revoked.

IMO, it would be best to get an official confirmation on her US green card status first before applying for a TRV

 

[nirmiti]

The eTA was issued based on your mom's US green card status. The eTA won't be valid if her US green card has been revoked.

IMO, it would be best to get an official confirmation on her US green card status first before applying for a TRV

Thank u very much Bryanna for ur advice.

 

[nirmiti]

Query on Gift deed :

is it fine if we can take money from Parents or brother as a gift??. There will be no tax applied in Canada after transferring money ??
Also how many times they could gift us in a year & limit of same per year ???