PR status after 20 + years

[jul]

Urgent Anyone please help,

I lived only 1 1/2 years in Canada with a PR and returned to Peru. It has been 21 years... and I assumed (because the embassy told me) that I would lose my PR if I didn't return within a year...(since they gave me an extension of 6 months more to stay outside)...Now I am living in the United States and I am in a process for Asylum. However because I had once permanent residency in Canada and possibly I might still have some status..my Asylum is at risk..
Any advice of what the situation of my PR could be at this moment? Thanks,
Jul

 

[Gogia]

you have to.justify 21 years back.why u cannot keep ur pr alive...in canada...now what happen.suddenly u need asylum...justify it...bla bla...etc...

 

[computergeek]

You do not automatically lose PR simply by failing to meet the residency obligation. To "lose" it requires that one of several things happen:

- You voluntarily surrender it. If you wish to do this, you will need to contact one of the CIC offices in the US (NYC or LA. I don't know if DC does any processing any longer). There is a form that you must sign to relinquish your PR.
- You are served with a removal order when you attempt to enter Canada and do not challenge the removal order (departure order) prior to it coming into force (30 days).
- You apply for a PR Travel Document (PRTD) and are refused and fail to appeal the refusal within the statutory limit.

Since you remain a PR of Canada, one option you have would be to go to Canada. If they permit you to enter at the border - unlikely, but possible - then you could remain (legally) inside Canada as long as you don't do anything to trigger further review. This would include applying for a new PR card or attempting to sponsor a spouse or child. After 730 days of residence in Canada, you would be back in compliance and could obtain a PR card.

Here's the interesting catch: they must allow you to enter Canada, even if you are in violation of the PR residency obligation. If they give you a removal order, you have 30 days to appeal or you are no longer a PR of Canada. Again, it is possible that if you explain to CBSA that you have fled your country and are seeking asylum in the US that they may permit you to enter. In that case, you would not need to seek asylum in the US, you could legally remain in Canada.

 

[jul]

Thank you for your advice.
The thing is that I have my family in the US..no ties in Canada at all..two kids and a husband here in the US with me..my dad and siblings are in the US as well... having a PR in Canada will be a problem for my Asylum case in the US..
I had no idea I could still have my PR in Canada..that's not good..

You do not automatically lose PR simply by failing to meet the residency obligation. To "lose" it requires that one of several things happen:

- You voluntarily surrender it. If you wish to do this, you will need to contact one of the CIC offices in the US (NYC or LA. I don't know if DC does any processing any longer). There is a form that you must sign to relinquish your PR.
- You are served with a removal order when you attempt to enter Canada and do not challenge the removal order (departure order) prior to it coming into force (30 days).
- You apply for a PR Travel Document (PRTD) and are refused and fail to appeal the refusal within the statutory limit.

Since you remain a PR of Canada, one option you have would be to go to Canada. If they permit you to enter at the border - unlikely, but possible - then you could remain (legally) inside Canada as long as you don't do anything to trigger further review. This would include applying for a new PR card or attempting to sponsor a spouse or child. After 730 days of residence in Canada, you would be back in compliance and could obtain a PR card.

Here's the interesting catch: they must allow you to enter Canada, even if you are in violation of the PR residency obligation. If they give you a removal order, you have 30 days to appeal or you are no longer a PR of Canada. Again, it is possible that if you explain to CBSA that you have fled your country and are seeking asylum in the US that they may permit you to enter. In that case, you would not need to seek asylum in the US, you could legally remain in Canada.

 

[computergeek]

That's why I listed your options.

If you are near the Canadian border, the fastest thing to do is to go to a POE and get a removal order. Then drive home. After 30 days you are not a PR any longer. If you aren't near the Canadian border, contact NYC or LA and request the form (it's not available online) to relinquish PR when you have not met the residency obligation. My only concern here is that they are very slow about unusual requests - so it might be faster to apply for a PR travel document (there's a fee for it) and submitting that, clearly showing you do not qualify. Then they will refuse you and after the statutory period you won't be a permanent resident any longer.

 

[jul]

Thank you very much for your advice. Very informative. I also wander if I call the embassy and ask about my PR what would they say??
Still usable?
On the other hand, I don't have the actual PR card thou...it's been so long...

I believe the US Asylum officer will be checking on my PR status..I just hope they don't report it as usable or valid..

That's why I listed your options.

If you are near the Canadian border, the fastest thing to do is to go to a POE and get a removal order. Then drive home. After 30 days you are not a PR any longer. If you aren't near the Canadian border, contact NYC or LA and request the form (it's not available online) to relinquish PR when you have not met the residency obligation. My only concern here is that they are very slow about unusual requests - so it might be faster to apply for a PR travel document (there's a fee for it) and submitting that, clearly showing you do not qualify. Then they will refuse you and after the statutory period you won't be a permanent resident any longer.

 

[computergeek]

None of the US offices accept telephone inquiries - everything is via mail or e-mail (or web form).

The PR card is evidence of permanent residence, but the lack of a PR card OR the expiration of a PR card does not mean you cease to be a PR. It's similar to a passport - if your passport expires, you don't lose your citizenship. At the border, CBSA will be able to ascertain that you are a permanent resident since the US gets their information from the Canadian authorities.

At the present time, based upon what you have said, you remain a permanent resident of Canada. You are certainly in breech of the residency obligation, so any attempt to use your PR is likely to lead to the revocation process, but until that happens, you are a permanent resident. I would expect the US asylum officer to reach the same conclusion.

 

[txboyscout]

Urgent Anyone please help,

I lived only 1 1/2 years in Canada with a PR and returned to Peru. It has been 21 years... and I assumed (because the embassy told me) that I would lose my PR if I didn't return within a year...(since they gave me an extension of 6 months more to stay outside)...Now I am living in the United States and I am in a process for Asylum. However because I had once permanent residency in Canada and possibly I might still have some status..my Asylum is at risk..
Any advice of what the situation of my PR could be at this moment? Thanks,
Jul

You are in a tough situation. Becuase you are legally a permenant resident of Canada, the US will more than likely reject your asylum claim. The good news here is that you do not have to go to Peru. You can come over to Canada and start your appeal for the PR. This process takes a while with the legal appeal etc. I believe that you will be able to convince the Canadian authorities to let you keep your PR at the end of all this; so atleast you will have that