Simultaneous Canada and US immigration applications

[saeedar]

Hi,
It is one month that I have applied for Canada immigration under sponsorship outside Canada type and my application is in sponsor eligibility check.

Also I have been selected in US lottery program 2013.
My question is if applying for US green card will affect negatively my Canada immigration case; having that US and Canada share immigration information since 2013.

Thanks in advance.

 

[Alurra71]

Hi,
It is one month that I have applied for Canada immigration under sponsorship outside Canada type and my application is in sponsor eligibility check.

Also I have been selected in US lottery program 2013.
My question is if applying for US green card will affect negatively my Canada immigration case; having that US and Canada share immigration information since 2013.

Thanks in advance.

I don't think it will hinder either application, however you will find it IMPOSSIBLE to keep both as Canada only requires 2 out of 5 years to keep your PR valid, however the US requires 6 months of every 12. It is mathematically impossible to honor both. The first 5 years, would be a struggle but you could potentially do it, after the first 5 though, no dice.

You should choose which one means the most to you and follow through with that.

 

[saeedar]

Thanks Alurra.
US is plan B for me. Today I was reading on cic website that they are checking US immigration info if one is refused for US visa.
I was thinking if US refuse to give me visa since I have already applied for Canada and my wife is also living in Canada. Then this will affect my Canada file.
Then I become a complete looser!

 

[Alurra71]

Thanks Alurra.
US is plan B for me. Today I was reading on cic website that they are checking US immigration info if one is refused for US visa.
I was thinking if US refuse to give me visa since I have already applied for Canada and my wife is also living in Canada. Then this will affect my Canada file.
Then I become a complete looser!

If you are concerned, then you can withdraw your application with the US? I don't know exactly how the lottery works but I would assume you can withdraw yourself from the program. If you withdraw voluntarily, it should not show up as a negative action only that you voluntarily withdrew from selection. At least I THINK that is how it would work.

 

[screech339]

If you are concerned, then you can withdraw your application with the US? I don't know exactly how the lottery works but I would assume you can withdraw yourself from the program. If you withdraw voluntarily, it should not show up as a negative action only that you voluntarily withdrew from selection. At least I THINK that is how it would work.

You can't withdraw from the lottery. However if selected, you can then decide to go through with the Green Card or not.

Screech339

 

[saeedar]

Yes! The thing is I have been interviewed at US embassy and they have asked me for original documents to let my case go further.
Do you think I am already in US immigration database? Or if I withdraw my application, it will not appear anymore in their database? I know it is a hard question.

 

[saeedar]

You can't withdraw from the lottery. However if selected, you can then decide to go through with the Green Card or not.

Screech339

My US application is on hold in US embassy.
Do you think it is ok if I do not continue further with the application at this time?

 

[zardoz]

I don't think it will hinder either application, however you will find it IMPOSSIBLE to keep both as Canada only requires 2 out of 5 years to keep your PR valid, however the US requires 6 months of every 12. It is mathematically impossible to honor both. The first 5 years, would be a struggle but you could potentially do it, after the first 5 though, no dice.

You should choose which one means the most to you and follow through with that.

You must use a different version of mathematics to the rest of the world. It is quite possible to do but it would be hard work. In any 5 years period you could maintain 2.5 years in each country in 6 months blocks.

 

[Alurra71]

In the first 5 years, simplistic yes, Zardoz, but since it is in any rolling period after the initial 5 years, it would become nigh near impossible to maintain both since the US is quite strict on rules. They are not nearly as 'easy going' about missing your RO.

The US also requires that you not only live, but work in the US. I guess if you manage to pull off EXACT days and stray not to either side by even 1 day i.e. exactly 6 months in one country, you could in theory pull it off, but how many folks are seen here on a DAILY basis that can't even seem to do 730 of those days in a 1825 day period? I guess there would also be the issue of getting back and forth for your job, so I hope it is either a job that allows you some serious mobility, or you live/work right in a border city. I think you can kind of see where this is going here.

There are also many other rules/obligations to maintain a US green card than there are for maintaining a Canadian PR card. Something as simple as failing to file a US tax return can cause loss of your US Green Card.

 

[zardoz]

You could actually do 7 months per year in the USA and 5 months per year in Canada. This would be OK for CIC. Not sure about the US though. However, as you say, people seem to have problems even meeting the basic requirements, let alone juggling.

 

[Alurra71]

Sometimes I wonder what would happen on these boards if Canada adopted as stringent a set of rules for maintenance/citizenship as the US has .....

*brain pictures mushroom clouds and Permanent Residency Requirements not met threads by the thousands*


I wouldn't worry about it personally, but there are so so so so many that just seem to think it's a 'easy pass visa' to come visit Canada now and again *sighs*

Ah well, enough, I've highjacked this thread already and I apologize to the OP.

 

[margobear96]

You could actually do 7 months per year in the USA and 5 months per year in Canada. This would be OK for CIC. Not sure about the US though. However, as you say, people seem to have problems even meeting the basic requirements, let alone juggling.

This would not be okay with the US. The US "6 months out of 12" is not a brightline test like the Canadian residency obligation is, more of a rule of thumb. If you're repeatedly going back and forth, you will raise suspicions and will get sent to secondary. I was when I was visiting my husband repeatedly while we were long distance (and before I got US citizenship)...and my "visits" were usually only for a few weeks or long weekends.

From the USCIS website: http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

- Move to another country intending to live there permanently
- Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
- Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
- Fail to file income tax returns while living outside of the United States for any period
- Declare yourself a “nonimmigrant” on your tax returns