Hello, I have a question. I am a PR of Canada since May 2010. I now received a DV1 Visa for the US and planning to go there. I also just applied for Citizenship in Canada since I have all my days of basic residency. Any issues in being both? PR and GC holder? also any problem at the border from Canada to US? Should I worry that I may have to surrender PR or GC at some point? Thanks
New Permanent Resident of Canada and American GreenCard?
- Thread starter baroncorvo
- Start date
You can lose your US PR if you do not enter the US for 6 months or a year, if US immigration believes you are permanently living in another country, if you don't file taxes in the US etc. US immigration may possibly tell you that you should give up your Canadian PR so you probably should go around advertising to them that you have it.
As for losing your Canadian PR, you still have to have 730 days in Canada every rolling 5 year period even though you have applied for citizenship so if your application ends up dragging on, you could end up in the situation that you do not meet the Canadian PR residency requirements any more which means you can lose your Canada PR and you wont get citizenship.
As for losing your Canadian PR, you still have to have 730 days in Canada every rolling 5 year period even though you have applied for citizenship so if your application ends up dragging on, you could end up in the situation that you do not meet the Canadian PR residency requirements any more which means you can lose your Canada PR and you wont get citizenship.
1. US interpretation of GC residence is much stricter than Canada..there is no provision of intent and is based on your actions. At any time of re-entry into the US you will get asked of your absence and reason for this. The US tracks exits so they know duration of your absence. If CBP determine you are not really residing in the US then they will start immigration proceedings against you...such determination could be from evidence of Canadian/ third country PR. CBP may also ask you what your status is in Canada and you have to tell them the truth. When you have absences of less than 6 months at re-entry burden is more on CBP. Absences over 6 months but less than 1 year burden is on the GC holder. Absences over 1 year you need a re-entry permit.baroncorvo said:
2. When you apply for Canadian Citizenship with basic residence you get scheduled to see a judge. This adds around 12-18 months on the regular processing time currently quoted as 21 months for 80% of applications primarily because the number of judges is out of sync with the number of applicants. You will likely get issued a Residence Questionnaire which is intrusive and includes submitting proof of residence in Canada such as health records billing etc. Even when you do get to see a judge they have the right to consider the application under the strict 1095 physical presence route which means they will refuse the application and an appeal will fail subject to the judge clarifying which rule he/she used. If the judge uses the less strict 'centralization' method i.e. you have centred your life around Canada you still would be at a disadvantage as this applies to those who have resided in Canada for circa 5 years and over and have difficulty in attaining 1095 physical days in 4 years e.g. a truck driver with weekly runs to the US. Even if you succeed CIC may appeal this...watch your timeline to Citizenship hit the 5 year mark!!
An added risk of your citizenship application is that you need to maintain Canadian PR (730 days in each 5 year rolling period) until you take the oath. I'm not sure how you will do this.
Keeping both PRs is a challenge you may or may not succeed. Probably best to apply for a US re-entry permit get 1 more year of physical presence in Canada and re-apply for Citizenship with 1095 physical days. Then go to the US during Citizenship processing time. This will also help you out with additional 'In Canada' days for maintaining Canadian PR. You need to make sure you file US taxes as these are mandatory and support claims of maintaining US residence.
I already applied for Citizenship and I meet the Basic Residence requirements. Also I meet the 730 days of stay in Canada so I won't lose my status, since I already I have proof of my stay (bills, payrolls and such). The issue would be to travel in the States from Canada but I am legally allowed to do so.
When you say that you meet the basic residence requirement for citizenship, do you mean that you have physically lived in Canada for three out of the last four years?baroncorvo said:
That is correct. I also talked to an American lawyer and said that it shouldn't be the US officers business whether or not I am a Canadian PR
Good Luck keeping both status. I'm in the same boat like you. But I've got green card from marriage and living in states (Canadian PR). I physically lived in Canada for 1095 days than applied for citizenship (currently waiting for oath date). I will become both Canadian and American citizen since I can't keep Canadian PR status if I don't stay in Canada (2 years in every 5 yrs). Yes, you can keep you PR status until 2015. After 2015 when you will renew your Canadian PR card, you have to stay in Canada for 2 years between 2015-2020. Or, you will loose Canadian PR.baroncorvo said:
If I were you, I would follow Msafiri's advice. Good Luck...
Not just between 2015 and 2020. He has to meet the residency requirements in any rolling 5 year period so say he became a PR on January 1st 2010 and left Canada on January 1st 2013, he will be able to renew his PR card in 2015 based on having spent more than 2 years in Canada. However, in January 2016, he will be 3 years outside Canada completely and would have to return for two years in order to meet the residency requirements. He might get away with not doing it if he has a valid PR card but for example for someone who is not visa exempt to Canada and is not in Canada and who loses their PR card or it is stolen or destroyed, they would have to apply for a travel document to return and the travel document does not ask did you have a valid PR card or did you meet the residency requirements in your first 5 years, it asks if you meet the residency requirements for the past 5 years.Blue_Star said:
I just read about the Beyond Entry/Exit Program between Canada and US. Everybody should read about it. Anyway it looks like there is a pause for data sharing between the two countries until June 2013. Up to then the US is NOT tracking exits to Canada. They will be and they will be using the Canadian entry record as exit record but only starting from this June allegedly. But thus far there is no guarantee.