Landing in Canada while i485 is pending

[Mayrif]

I am wondering if anyone was in a similar situation. My husband and I are planning on landing in Canada at the end of this month since our PR have been approved. We plan on coming back to USA on our advance parole since we have an i485 pending. Anyone did this recently? Anyone had issues coming back inside USA on AP because they got a Canadian PR?

 

[jashsayani]

According to USCIS, if you show intentions of residing permanently in another country (such as getting a PR Card in Canada), then you are abandoning your PR Status in the US (Green Card). Going from PR Card to Green Card is fine, but the other way will result in abandoning permanent resident intent in the US.

 

[harirajmohan]

I am wondering if anyone was in a similar situation. My husband and I are planning on landing in Canada at the end of this month since our PR have been approved. We plan on coming back to USA on our advance parole since we have an i485 pending. Anyone did this recently? Anyone had issues coming back inside USA on AP because they got a Canadian PR?

My ex-colleague was travelling from India first time after receiving GC and he mentioned the India address as permanent address in his I94 form (this he was doing for long time hence he forgot to mention that his US address as permanent address during his first visit on GC status) and cbp officer just asked one question "Do you want me to take the green card away from you as you mentioned India address as permanent address?".

So it should be the same case for Canada too - if you dont make Canada a permanent home then why would cbsa allow you on PR status.
https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

I think that one cannot maintain and satisfy the intent on both countries to make permanent home - i think you need to choose one. Better consult with lawyer to avoid loosing/complicating both status.

 

[Khaiko]

According to USCIS, if you show intentions of residing permanently in another country (such as getting a PR Card in Canada), then you are abandoning your PR Status in the US (Green Card). Going from PR Card to Green Card is fine, but the other way will result in abandoning permanent resident intent in the US.

Are you sure about this. Do you happen to have any references. I am on same boat and i found different people saying different things.

 

[Khaiko]

I am wondering if anyone was in a similar situation. My husband and I are planning on landing in Canada at the end of this month since our PR have been approved. We plan on coming back to USA on our advance parole since we have an i485 pending. Anyone did this recently? Anyone had issues coming back inside USA on AP because they got a Canadian PR?

Could you please let me know what you end up doing?

 

[harirajmohan]

Are you sure about this. Do you happen to have any references. I am on same boat and i found different people saying different things.

Forums are unreliable. You should just simply search for the rules instead of searching in forum threads or consult the lawyer when things are critical and making one simple mistake due to misunderstanding will cost a lot. Its not hard to find these articles.
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence
Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.

 

[Khaiko]

Forums are unreliable. You should just simply search for the rules instead of searching in forum threads or consult the lawyer when things are critical and making one simple mistake due to misunderstanding will cost a lot. Its not hard to find these articles.
https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence
Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.

It's saying maintaining after getting cards. Doesn't say anything about pending i485.

 

[harirajmohan]

It's saying maintaining after getting cards. Doesn't say anything about pending i485.

Do you know if there is any difference in rights between LPR and Green Card holder, status wise? I dont think there is any, as per my knowledge.
Check the definition at uscis itself.
https://www.uscis.gov/tools/glossary?topic_id=l#alpha-listing
Lawful permanent resident
Any person not a citizen of the United States who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”

 

[lampbreaker]

OP does not have the Green Card. They are not LPR.
They have a pending I-485. IMO they can use the advance parole to return to US. Since they are not permanent residents of the US, there is nothing to abandon.

 

[langoorbandar]

If OP ever becomes US GC holder and want to maintain it, they can choose to live in a border town and commute into US for work. It seems there is special provision for commuters who reside in neighboring countries where they can keep the US GC active even while not residing in US as long as they continue to commute into US for the work. I'm myself debating this option as I might be close to getting a US GC via family channel and have Canadian PR which I do not want to lose. I would rather take Canadian citizenship first and then decide whether to give up the US GC or become a dual citizen of Canada and US.

Additional Details about Commuter Green Card - https://citizenpath.com/faq/permanent-resident-commuter-status/

 

[harirajmohan]

OP does not have the Green Card. They are not LPR.
They have a pending I-485. IMO they can use the advance parole to return to US. Since they are not permanent residents of the US, there is nothing to abandon.

Correct but OP said to start using it "Anyone had issues coming back inside USA on AP".

If OP ever becomes US GC holder and want to maintain it, they can choose to live in a border town and commute into US for work. It seems there is special provision for commuters who reside in neighboring countries where they can keep the US GC active even while not residing in US as long as they continue to commute into US for the work. I'm myself debating this option as I might be close to getting a US GC via family channel and have Canadian PR which I do not want to lose. I would rather take Canadian citizenship first and then decide whether to give up the US GC or become a dual citizen of Canada and US.

Additional Details about Commuter Green Card - https://citizenpath.com/faq/permanent-resident-commuter-status/

I thought the commuter status to be applied in the beginning itself while 485 filing. Can OP change it while entering using AP? I dont know much on this but just asking.
Also this work only if there is no family members as one cannot sponsor family.

 

[langoorbandar]

Correct but OP said to start using it "Anyone had issues coming back inside USA on AP".


I thought the commuter status to be applied in the beginning itself while 485 filing. Can OP change it while entering using AP? I dont know much on this but just asking.
Also this work only if there is no family members as one cannot sponsor family.

Commuter status can be requested anytime the person enters US using his GC or at a later time by filing appropriate forms. One can change regular GC to Commuter GC and vice versa. Any time spent in Commuter GC status does not count towards satisfying US Citizenship residency obligation and GC Commuter cannot sponsor any family members if they are not granted the GC along with the primary GC holder. Seems this is a very good option for folks who might be getting US GC but do not yet have Canadian Citizenship and want to keep both PRs active.

 

[Khaiko]

OP does not have the Green Card. They are not LPR.
They have a pending I-485. IMO they can use the advance parole to return to US. Since they are not permanent residents of the US, there is nothing to abandon.

Will going to Canada to get PR, will jeopardize my pending i485 ?

 

[Khaiko]

If OP ever becomes US GC holder and want to maintain it, they can choose to live in a border town and commute into US for work. It seems there is special provision for commuters who reside in neighboring countries where they can keep the US GC active even while not residing in US as long as they continue to commute into US for the work. I'm myself debating this option as I might be close to getting a US GC via family channel and have Canadian PR which I do not want to lose. I would rather take Canadian citizenship first and then decide whether to give up the US GC or become a dual citizen of Canada and US.

Additional Details about Commuter Green Card - https://citizenpath.com/faq/permanent-resident-commuter-status/

my exact question for now is , will going to Canada to get PR, will jeopardize my pending i485 ?

 

[lampbreaker]

Will going to Canada to get PR, will jeopardize my pending i485 ?

I don't think it will. You should not even answer why you went to Canada unless specifically asked about it.