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NEED HELP: Immigrate to Canada while pending green card!

Oct 8, 2020
7
0
Hello,

I have a question about my situation: Can I apply for Canada Permanent Residency and potentially immigrate to Canada IF I have a pending I-751 with USCIS (Removal of condition on 2 years green card)? In the worst case scenario, if I receive an Request for Evidence or Notice to Appear for my I-751, can I still immigrate to Canada. Note that this is assuming my I-751 is not in deportation/removal yet?

In other words, if I am not in removal proceeding by the U.S, can I immigrate to Canada while having a pending case in the U.S? Can I simply abandon my U.S status? Would that be frowned upon by Canadian immigration?
 

jddd

Champion Member
Oct 1, 2017
1,516
564
Hello,

I have a question about my situation: Can I apply for Canada Permanent Residency and potentially immigrate to Canada IF I have a pending I-751 with USCIS (Removal of condition on 2 years green card)? In the worst case scenario, if I receive an Request for Evidence or Notice to Appear for my I-751, can I still immigrate to Canada. Note that this is assuming my I-751 is not in deportation/removal yet?

In other words, if I am not in removal proceeding by the U.S, can I immigrate to Canada while having a pending case in the U.S? Can I simply abandon my U.S status? Would that be frowned upon by Canadian immigration?
I guess the answer will depend upon the reason why you think you will be denied. Is it because you entered a fraudulent marriage or will it be denied because of a criminal record?

How do you plan to immigrate to Canada? Do you have enough points for express entry? Are you planning on marrying someone here? You'll need to provide more details.
 

scylla

VIP Member
Jun 8, 2010
94,980
21,584
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello,

I have a question about my situation: Can I apply for Canada Permanent Residency and potentially immigrate to Canada IF I have a pending I-751 with USCIS (Removal of condition on 2 years green card)? In the worst case scenario, if I receive an Request for Evidence or Notice to Appear for my I-751, can I still immigrate to Canada. Note that this is assuming my I-751 is not in deportation/removal yet?

In other words, if I am not in removal proceeding by the U.S, can I immigrate to Canada while having a pending case in the U.S? Can I simply abandon my U.S status? Would that be frowned upon by Canadian immigration?
As long as there is no criminality involved, then I don't see an issue applying to immigrate to Canada and Canada won't care about your status as long as you are 100% honest in your application about your immigration history in Canada.

How are you planning on applying to immigrate? Are you thinking of using one of Canada's economic immigration programs like Express Entry?

One thing to consider is what abandoning your status in the U.S. will do for your ability to re-enter the U.S. at some point in the future. Depending on the circumstances of the case, this may not be an issue. However you should keep that in mind since issues like overstays and misrepresentation can result in multi-year or even lifetime bans from the U. S.
 
Oct 8, 2020
7
0
I guess the answer will depend upon the reason why you think you will be denied. Is it because you entered a fraudulent marriage or will it be denied because of a criminal record?

How do you plan to immigrate to Canada? Do you have enough points for express entry? Are you planning on marrying someone here? You'll need to provide more details.
hello,
No it’s not because of fraudulent or any criminality. It would just be because of a divorce and I think the chance to get permanent green card for divorce case is 50/50. I did not commit any criminal activities and my 2 year green card was based on good faith. Unfortunate circumstances happened and led me to the divorce decision.
Anyway, I plan to immigrate to Canada as Express Entry FSW - I have the skills and education needed and definitely enough points per the current system/draw. I also think of getting my Master in CA and PGWP so it will boost my score. As I plan to apply for Canadian study permit while my green card is still pending, I want to make sure it will be okay?
Thank you!
 

jddd

Champion Member
Oct 1, 2017
1,516
564
hello,
No it’s not because of fraudulent or any criminality. It would just be because of a divorce and I think the chance to get permanent green card for divorce case is 50/50. I did not commit any criminal activities and my 2 year green card was based on good faith. Unfortunate circumstances happened and led me to the divorce decision.
Anyway, I plan to immigrate to Canada as Express Entry FSW - I have the skills and education needed and definitely enough points per the current system/draw. I also think of getting my Master in CA and PGWP so it will boost my score. As I plan to apply for Canadian study permit while my green card is still pending, I want to make sure it will be okay?
Thank you!
No criminality is good, unless you lie to US or Canadian immigration, I don't see an issue. Good luck.