SOLUTION ~~~~~

[maplebound]

TO ALL GURUS,

This is my first and most important QUERIES;

We landed on March,09 2010 with 2 kids, come back to USA after 5 days because we have Green Card petition in USA since 2004 . I am INDIAN so for India they have long BACKLOG , they are processing now NOV 2003 and every every year dates moved about 3-4 months only so technically it should take around 2 yrs to get my USA green card.

My wife and kids moved back to CANADA in NOV>2012 for good. They had their residency obligation fulfilled. My Canadian PR card expires on 15 Apr.15 , What should I do ?

I am in USA, shuffling between usa & canada.

I do visit them every 4-6 months, so far without any problem.

Please reply ASAP>>>>>>
Thanking you in advance for your suggestion and kind words.
God Bless You....

 

[eileenf]

We landed on March,09 2010 with 2 kids, come back to USA after 5 days because we have Green Card petition in USA since 2004 . I am INDIAN so for India they have long BACKLOG , they are processing now NOV 2003 and every every year dates moved about 3-4 months only so technically it should take around 2 yrs to get my USA green card.

My wife and kids moved back to CANADA in NOV>2012 for good. They had their residency obligation fulfilled. My Canadian PR card expires on 15 Apr.15 , What should I do ?

I am in USA, shuffling between usa & canada.

I do visit them every 4-6 months, so far without any problem.

Your question is not very clear.
What would you like to do? Would you like to maintain your PR status in Canada? Or do you just want to be able to visit?

How many months have you been physically present in Canada since you landed?

If you want to maintain your PR in Canada, you need to be here (and be able to prove that you were here) 2 out of the last 5 years. It doesn't sound like you will be able to do that when your card comes up for renewal in 4 months. If you'd like to maintain your PR status here, you probably need to move here for the next 2 years (assuming that you haven't logged much or any time in Canada since you landed) and after 2 years apply for renewal of your card.

 

[MarioYYZ]

If you want to maintain your PR in Canada, you need to be here (and be able to prove that you were here) 2 out of the last 5 years.

Your response entre parenthèse is the best and most accurate advice I have read so far. Well said.

 

[canadaon]

I guess its better if you can decide where you would like to stay - Canada or USA? Just for the case of Green card/ Canadian citizenship you are loosing the comfort of staying with your family.

- You may loose your PR if in case you are not going to stay for 2 years.
- You can continue staying in USA until you get your Green card (GOD only knows when you'll get it), then you can come to Canada with your wife as your sponsorer

 

[maplebound]

TO EILEENF,

I stayed canada as of today barely 1-1/2 only.
1) If I moving and they REPORT me at BORDER , what options I have? At that point can I appeal and simultaneously my wife can apply for me? How long does it take for appeal process?

2) If I relinquish my PR what options do I have? Are I am able to get VISITOR visa? And than my wife can sponsor me?

And apart from that do I have any other relief for PR renewal?

Is I am eligible for HUMANATRAN PR RENEWAL?

Please reply....

 

[Rob_TO]

TO EILEENF,

I stayed canada as of today barely 1-1/2 only.
1) If I moving and they REPORT me at BORDER , what options I have? At that point can I appeal and simultaneously my wife can apply for me? How long does it take for appeal process?

2) If I relinquish my PR what options do I have? Are I am able to get VISITOR visa? And than my wife can sponsor me?

And apart from that do I have any other relief for PR renewal?

Is I am eligible for HUMANATRAN PR RENEWAL?

Please reply....

Appeal based on what?? Sounds like its your personal choice to want to stay in the USA, so you don't have any grounds for H&C.

And why do you want to have both USA Green Card and Canada PR? You should choose 1 or the other where your family will live.

I hope you realize the US is much more strict with green cards. If upon entering America a US border officer ever thinks that you are actually residing more in Canada rather than the US, they can simply cancel your green card.

If you lose your Canada PR, then your wife would need to sponsor you under family class. If you are not visa-exempt to Canada, then there's a chance you would not be granted a TRV to visit during your PR processing.

 

[keesio]

maplebound - sounds like you want to keep Canadian PR as a backup plan while you wait for your US greencard. So I assume if you get your US greencard, you will prefer to keep that and just need Canadian PR as a fall back. Really, you should just decide to stick with the US. It is not fair for all the people who really want to come to Canada while you just see it as a backup plan.

But I will tell you anyway that even if you decide to stay in the US and let your PR RO expire, you can still enter Canada with your COPR. It is up to the border agent to decide to report you to CIC but it seems like CBSA can be lax in this regard so there is a decent chance that they will let you enter without reporting you despite not meeting your RO. It really comes down to luck (basically which agent you get at the border and his mood for the day). So if you US plans fall through, you can try that.

But really, you should just decide where you actually want to live and stick to it instead of trying to use the system. It's why PR renewal has become such a chore for people as CIC tries to crack down on such activities.

 

[maplebound]

TO,
KEESIO, And other GURUS

Appreciate for your honest opinion and reply. 1) But see my family is in Canada and my CANADIAN PR is expiring on Apr. 15,15 and we landed on Mar 09,15. So technically when I am completing my 5 yrs.? in APR. or Mar.?

2) If I enter in Canada in MAR for good and applied for renewal ,what will happend?

a) if approved.....no problem...

b) if denied, then what options I have? Can my wife able to sponsor me?

c ) Is I am eligible for Humanitrian PR renewal?

please shade some light on this.

P.S..... To get USA green card Indias' visa number( quota) should come close to my date....it might takes about ~2 yrs. or more, Nobody has that clues....

 

[eileenf]

1) But see my family is in Canada and my CANADIAN PR is expiring on Apr. 15,15 and we landed on Mar 09,15. So technically when I am completing my 5 yrs.? in APR. or Mar.?
2) If I enter in Canada in MAR for good and applied for renewal ,what will happend?
a) if approved.....no problem...
b) if denied, then what options I have? Can my wife able to sponsor me?
c ) Is I am eligible for Humanitrian PR renewal?
please shade some light on this.

P.S..... To get USA green card Indias' visa number( quota) should come close to my date....it might takes about ~2 yrs. or more, Nobody has that clues....

It's still not clear what you want Maplebound.
Where do you want to live? What immigration status do you want there? It would be helpful if you could answer those questions very simply. In one sentence. Example: "I want to live in the USA but I want to be able to visit my family in Canada easily."

It seems that you want PR and green card simultaneously for your whole family. Is this true? If so, you will have a hard time being a resident of two countries at the same time. You risk losing both frankly.

Regarding your questions:
1. PR does not expire (hence it is called "permanent"). However it can be revoked if you have not met the residency obligation over the past 5 years. Typically, when a border guard sees a valid PR card, they assume that you have met your RO and will not question you very much. Thus, if you want to maintain your PR, you would be wise to move to Canada ASAP and not leave Canada for the next two years. Do not try to renew your PR card until you have met your RO.
2. Why wait until March to enter? Enter soon. Move here. Live here if that is what you want. If you apply for renewal in March 2015, you will be denied.

b. If you surrender your PR, your wife could re-sponsor you. This will take time and you will face scrutiny. If you do not plan on living here, you will have a hard time maintaining your PR.

c. What is the possible humanitarian explanation for PR renewal in your case? H&C are granted sparingly and not typically to facilitate someone's dream of a US green card (what interest does the nation of Canada have in facilitating your status in a foreign country?)

Regarding your PS- Your challenges with US green card delays and quotas are irrelevant to Canada. If you wish to live in Canada and maintain your PR here, it's important to think about your situation as it relates to Canada, the Canadian government, Canadian law and the goals of Canadian society. Your hopes for US status is not a relevant excuse for not meeting your Canadian residency obligation.

 

[Rob_TO]

1) But see my family is in Canada and my CANADIAN PR is expiring on Apr. 15,15 and we landed on Mar 09,15. So technically when I am completing my 5 yrs.? in APR. or Mar.?

Upon expiry of your PR card.

2) If I enter in Canada in MAR for good and applied for renewal ,what will happend?

a) if approved.....no problem...

b) if denied, then what options I have? Can my wife able to sponsor me?

Do you have 2 years of physical residency in Canada out of the past 5? If not, if you apply for PR renewal it will be rejected, and you would lose your PR status.

Next time you enter Canada you should stay in Canada and not leave for any reason until you meet the 2 year requirement. Only then can you apply for renewal.

If you lose your PR your wife can apply to sponsor you again. But if CIC see that you are also applying for US green card, that shows you don't have intent to move to Canada so they could reject the new PR sponsorship application.

c ) Is I am eligible for Humanitrian PR renewal?

Based on what you've said so far, no absolutely not, you don't qualify.

You need to choose - US green card or Canadian PR, and give up the other one. There is no point having both.

 

[maplebound]

TO,
ROB & OTHERS,

If I apply for RENEWAL and got REJECTED , and I am inside CANADA , can my wife sponsor me while I am in CANADA?

 

[eileenf]

TO,
ROB & OTHERS,

If I apply for RENEWAL and got REJECTED , and I am inside CANADA , can my wife sponsor me while I am in CANADA?

It would be easier, quicker, less expensive, less risky if you're in Canada, to stay in Canada and renew you PR card once you have met your residence obligation.
Is there a reason why you don't want to do that?

If you lose your PR status, you will not have the right to stay in Canada.

 

[keesio]

Is there a reason why you don't want to do that?

I'm assuming he doesn't want to jepordize the chances for his US greencard.

 

[eileenf]

I'm assuming he doesn't want to jeopordize the chances for his US green card.

Seems like you're right.

So then the OP's questions are:
1. Is it possible to maintain residence in Canada and the USA at the same time in order to be eligible for simultaneous PR in both places?
2. If I give up PR in Canada, will I be able to easily get it back?
3. If I forfeit my PR in Canada, will I be able to visit my family in Canada without difficulty?

 

[maplebound]

THANKS ALL OF YOU FOR YOUR VALUABLE TIME AND SUGGESTION,

1) YES, I want to stay with my family ASAP,

2) My two kids are us citizen,so definitely we will have some US connection.

3) My wife is more comfortable in Canada ,so definitely I will be with her.....

My questions are based on that if I moved ( and definitely WILL) to Canada and my parents in India ,they are old and sick , if something happens then I won't be able to go, so what options I have ? If I apply for renewal and denied than can my wife sponsor me ? At that time I should be able to stay with family or I have to leave?

Please reply with your valuable suggestions.....