Interesting Question

[Phil087]

Hi guys, Thanks for all the help I have received from the forum, I appreciate it. My friend is in quite an interesting predicament and I wanted to know what options he has for him and his family.

They applied for the Canada PR a while back while still in their home country (the whole family), but they moved to the United States where they divorced, and the husband decided to apply for the US PR (also sponsoring his 2 sons aged 11, and 19.) through marriage. The husband was denied based on an allegation of marriage fraud, while the wife was granted her PR in the US. Now, a few months back, they received a response from Canada and they were granted the Canada PR, and the husband, and both children are preparing to leave. The question now is;


- Will the mother, (who has her PR now in the US) be able to file for children here in the US, and bring them back to the US after they leave to Canada?

 

[Leon]

The mother who is in the US with US PR should be able to file for at least the younger son. I am not sure what the cut-off age is in the US for dependent children. This is really a US immigration question you have there.

If it works out, the children would be PR of Canada and PR of the US so there are different residency requirements they'd have to meet to keep both. For the US PR, they can not leave the US for more than 1 year at a time, preferably not more than 6 months at a time if they want to avoid problems and actually this may not be enough because US border officials can at any time cancel a US PR if they believe that the person is permanently residing in another country. For the Canadian PR, they need to spend at least 2 out of every 5 years in Canada. If the father decides to apply for Canadian citizenship after 3 years in Canada as a PR, he can also apply for the younger son, even if the son has not completed the 3 year residency requirement for citizenship but as long as his son has been in Canada enough to at least still have his PR. The older son would have to apply for Canadian citizenship on his own which would mean that he would have to fulfil his own 3 years in Canada as a PR to apply. How long it would take them to get US citizenship I don't know but it's not advisable to try to juggle two PR's too long or you will likely end up losing one of them.

 

[Phil087]

Thank You Leon, your reply is most greatly appreciated. You mentioned that the mother can file for at least the younger son with her PR. Can she still file for the younger son after he has left the US to Canada? How easy/complex will the process be to bring the son back into the US? Thanks.

 

[Leon]

This is really a US immigration question but I believe that you can sponsor a minor child no matter where they are. The custody of the boy is a different matter. If she gives the father the permission to take the boy to Canada to live with him, she may not be able to take that back later. She may get him US PR but the father may then refuse to let the boy go back to the US or the boy having made friends and settled into a school will refuse to go. The older one is not a minor and can do what he wants.

 

[Phil087]

Okay, thank you Leon. I also assume the mother can apply for PR for the minor, despite him being in immigration proceedings in the US right? Just wanted to clarify, Thanks once again.

 

[Leon]

Okay, thank you Leon. I also assume the mother can apply for PR for the minor, despite him being in immigration proceedings in the US right? Just wanted to clarify, Thanks once again.

You mean he is in immigration proceedings in Canada, right? The mother is in the US, right? The proceedings in Canada have nothing to do with the US

 

[Phil087]

You mean he is in immigration proceedings in Canada, right? The mother is in the US, right? The proceedings in Canada have nothing to do with the US

No, hes in immigration proceedings in the US, the mother is in US, and he's preparing to leave the US. If he does leave, is it possible for his mother in the US with her US PR to still file for him for his US PR?

 

[Leon]

Ok, if the father was already denied his US PR when he applied for himself and his sons, how are they still in immigration proceedings in the US?

Really though, tell these people to phone US immigration and ask them or find a US immigration board. This is a Canada immigration board so most people here know bits and bobs about Canadian immigration, not US immigration.

I can tell you this though, if this was happening in Canada, that is father applies for PR for son and himself and is refused, there would be no problem for the mother to apply for the son after that.