Canada and US Green Card ? ?
- Thread starter KKKKK
- Start date
You could enter Canada with your PR visa and have to complete the landing formalities at your point of entry. With immediate effect you will be a Landed Immigrant of Canada.KKKKK said:
Your PR Card will arrive within few weeks ( 6 to 8 weeks ) to your given address.
I don't think there is any problem if you are US Green Card holder. There are lot of US citizens and Green card holders getting immigrated to Canada.
Thanks Wilsonwilson said:
Can I hold the PR simultaneously. I don't want to loose my PR of USA. I am not sure when I look at this link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD
Yes I agree with that. What I said before is for landing in Canada as an immigrant on PR visa. In Canada also you have to meet the mandatory obligation to maintain your PR status. Therefore after landing in Canada, there is enough time for you to think and take a final decision about what you should do with your US Green Card.
Can you please give me more details on thiswilson said:
after getting PR visa, what will be the time period to land in Canada?
and to maintain the PR in Canada, what are the obligations??
Crazysun
I know, lot of people who resides in Canada on PR, working in US they travel every weekend (both h1 and GC holders)
how is this possible if holding 2 different PRs is illegal as per law??
Crazysun
how is this possible if holding 2 different PRs is illegal as per law??
Crazysun
It's not illegal. It's just extremely difficult to maintain both US and Canadian PR at the same time because both have very different residency requirements. Typically people end up having to chose one or the other because they can't meet residency requirements for both.
scylla said:
whatever I know, there are some obligations in maintaining PR status in Canada but If you have a US GC, you can enter the country once in a six months of period. I may be wrong. Please clarify me.
Crazysun
As I know about H1B/H4 , L1/L2, EAD / GC filling, AOS (Adjustment of status):
Generaly you can not hold 2PR at same time.
(you can hold canada PR after getting US Green card, this way you can decide if you want to stay in the USA than ignore to go Canada or if you plan to go Canada than you can send form I-407, Abandonment of Lawful Permanent Resident Status to US consulate in Canada http://toronto.usconsulate.gov/visas/dhs-document-processing.html form link : http://photos.state.gov/libraries/164203/dhs/I-407.pdf,
"Move to another country intending to live there permanently" will cause of denial process for your AOS - Adjust status during file I-485 EAD).
Remember who hold canadian Citizenship they can apply for USA GC during his/her non-immigration stay.
Find me on www.immihelp.com/forum with same account (OMM) you welcome to ask question there, Txh1b, immihelp administrator, shervin143, kabkaba many Sr.members will guide you there, immihelp.com have special forum about H1B / h4 , GC , EAD all type of non-immigrants and immigrants query, that's the very famous forum for asians specially Indians, pakistani, srilankan and many others countries people. many users are sharing lots of information.
OMM
Generaly you can not hold 2PR at same time.
(you can hold canada PR after getting US Green card, this way you can decide if you want to stay in the USA than ignore to go Canada or if you plan to go Canada than you can send form I-407, Abandonment of Lawful Permanent Resident Status to US consulate in Canada http://toronto.usconsulate.gov/visas/dhs-document-processing.html form link : http://photos.state.gov/libraries/164203/dhs/I-407.pdf,
"Move to another country intending to live there permanently" will cause of denial process for your AOS - Adjust status during file I-485 EAD).
Remember who hold canadian Citizenship they can apply for USA GC during his/her non-immigration stay.
Find me on www.immihelp.com/forum with same account (OMM) you welcome to ask question there, Txh1b, immihelp administrator, shervin143, kabkaba many Sr.members will guide you there, immihelp.com have special forum about H1B / h4 , GC , EAD all type of non-immigrants and immigrants query, that's the very famous forum for asians specially Indians, pakistani, srilankan and many others countries people. many users are sharing lots of information.
OMM
I do know someone who had US greencard and Canadian PR at the same time and was able to maintain status and get citizenship for both countries. However his situation was pretty unique. Here's how it happened.
Wife was Canadian citizen. Husband had citizenship from a third country (not Canada, not the US).
Wife sponsor husband for PR and husband became a Canadian PR.
Due to a job opportunity, both the husband and wife moved to the US for work. They stayed there for several years - obtained their greencards and eventually US citizenship too. Although the husband was not living in Canada, he was able to maintain his Canadian PR status by living with his Canadian citizen wife outside of Canada.
Eventually they moved back to Canada. After living in Canada for three years, the husband applied for Canadian citizenship and was eventually approved.
Long story short - it's certainly possible. But it's difficult.
Wife was Canadian citizen. Husband had citizenship from a third country (not Canada, not the US).
Wife sponsor husband for PR and husband became a Canadian PR.
Due to a job opportunity, both the husband and wife moved to the US for work. They stayed there for several years - obtained their greencards and eventually US citizenship too. Although the husband was not living in Canada, he was able to maintain his Canadian PR status by living with his Canadian citizen wife outside of Canada.
Eventually they moved back to Canada. After living in Canada for three years, the husband applied for Canadian citizenship and was eventually approved.
Long story short - it's certainly possible. But it's difficult.
That's true, it's hard to maintain Canadian PR status in this case. Incase US GC holder Fail to file income tax returns while living outside of the United States for any period.
The checklist for Maintaining Permanent Residence is already there on USCIS website please understand and follow that.
Maintaining Permanent Residence
You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.
Abandoning Permanent Resident Status
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently
Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
Fail to file income tax returns while living outside of the United States for any period
Declare yourself a “nonimmigrant” on your tax returns
(OR) Ask your employer attorney if you have doubt (he/she will give you free advice for this, attorney will not charge for the answer to your employer).
OMM
The checklist for Maintaining Permanent Residence is already there on USCIS website please understand and follow that.
Maintaining Permanent Residence
You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.
Abandoning Permanent Resident Status
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently
Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
Fail to file income tax returns while living outside of the United States for any period
Declare yourself a “nonimmigrant” on your tax returns
(OR) Ask your employer attorney if you have doubt (he/she will give you free advice for this, attorney will not charge for the answer to your employer).
OMM
scylla said:
When should land in Canada :crazysun said:
Any person who got a PR visa should land at any port of entry in Canada before the expiry of the PR visa.
The expiry of the visa correlates with the expiry date of his/her passport or before completing one year from the date of their medical examination, which ever comes first.
The principal applicant can land alone or together with his/her accompanying family members.
An accompanying family member cannot land alone in Canada prior to landing of his/her principal applicant.
Canadian permanent Residency obligation
( Ref : CIC website:http://www.cic.gc.ca/english/information/applications/guides/5445ETOC.asp#appendixA )
Minimum residency obligations
You must meet the residency obligation to obtain a Permanent Resident Card. The following table represents the minimum requirements.
If you have been a permanent resident for Five (5) years or more
you must have been physically present in Canada for a minimum of 730 days within the past five (5) years.
If you have been a permanent resident for less than five (5) years
you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the five (5)-year mark.
Time spent outside of Canada
You may also count the days spent outside of Canada in the following circumstances as days for which you satisfy the residency obligation:
OPTION 1. Accompanying a Canadian citizen outside Canada
You may count each day that you accompanied a Canadian citizen outside Canada provided that the person you accompanied is your
spouse or common-law partner or
parent, if you are less than 22 years of age
Evidence that you are accompanying a Canadian citizen
You must provide supporting documents to prove that:
The person you are accompanying is a Canadian citizen; and
You are the spouse, common-law partner or child of that person.
Supporting documents may include:
marriage licence
child’s birth certificate, baptismal document, and/or adoption or guardianship document
school and/or employment records
association or club memberships
passports or other travel documents
documents indicating the status of the person you are accompanying
OPTION 2. Employment outside Canada
You may count each day you worked outside Canada provided that your employment meets the following criteria:
you are an employee of, or under contract to, a Canadian business or the public service of Canada or of a province and
you are assigned on a full-time basis to:
a position outside Canada
an affiliated enterprise outside Canada or
a client of the Canadian business or the public service outside Canada
For the purposes of this application, a Canadian business is defined as:
a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada
an enterprise that has:
an ongoing operation in Canada
is capable of generating revenue
is carried out in anticipation of profit
in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined above
or
an organization or enterprise created by the laws of Canada or a province