Would working in US, affect my citizenship application

[HO3]

Hi all;

Due to lack of opportunities in Canada, I have been working in US for couple of years. However; I have been commuting between US and Canada, so there is no issue in regard to meeting the residency requirement, and I have been filing my taxes every year.

My question is, would working in US has any bearing on final stages (I guess that will be DM phase)?

I appreciate it if you I can get some kind of educational reply.

Many thanks.

NOTE: I sent my application on Nov 27th, 2015.

 

[Canadiandesi2006]

Re: Would working in US, effect my citizenship application

Hi all;

Due to lack of opportunities in Canada, I have been working in US for couple of years. However; I have been commuting between US and Canada, so there is no issue in regard to meeting the residency requirement, and I have been filing my taxes every year.

My question is, would working in US has any bearing on final stages (I guess that will be DM phase)?

I appreciate it if you I can get some kind of educational reply.

Many thanks.

NOTE: I sent my application on Nov 27th, 2015.

Logically if you got the sufficient number of physical days presence in Canada as required, it should NOT affect you.

However, knowing the CIC, in the past they raised objections on one or other pretext, now may be under "Intention to Live in Canada".

You may consider, requesting "Travel History" from Canada Border Security and USA's Homeland Security, that normally takes 6 weeks.

As a precaution, try to document all your border crossings and match them with the stamps on your passport. It will be good defense.

I know USA not always stamp the entries, CIC knew it well but still insists.

 

[chikloo]

Hi all;

Due to lack of opportunities in Canada, I have been working in US for couple of years. However; I have been commuting between US and Canada, so there is no issue in regard to meeting the residency requirement, and I have been filing my taxes every year.

My question is, would working in US has any bearing on final stages (I guess that will be DM phase)?

I appreciate it if you I can get some kind of educational reply.

Many thanks.

NOTE: I sent my application on Nov 27th, 2015.

If you applied before June 11, 2015 then you are alright as "intent to reside" does not apply to you. Having said that if CIC finds it out then they will issue you RQ and drag t out to see if you can still meet your PR residency obligation. So keep your ties with Canada and maintain records of your residency obligation fufilment.

 

[HO3]

Thank you all for your helpful pointers.

 

[YYZINR]

hi HO3,

I am in a similar situation as you. I traveled quite a bit to the states but now my i'll be working from there. I am planning to file my application this week. Please keep me updated about your situation. I'll do as well so we can compare information.

Thanks!
INR

 

[Canadiandesi2006]

hi HO3,

I am in a similar situation as you. I traveled quite a bit to the states but now my i'll be working from there. I am planning to file my application this week. Please keep me updated about your situation. I'll do as well so we can compare information.

Thanks!
INR

I read on other thread , some of the applicants were same similar situation. I believe you can pull out the cross border details from the following URL. Hope that help you guys.

https://i94.cbp.dhs.gov/I94/request.html

https://foiaonline.regulations.gov/foia/action/public/home

 

[chris cool]

One of my friend has traveled extensively to US working for a Canadian company and he was able to provide the required proof (FOIA, I94 entry/exit, boarding passes, toll receipts along with the proof of residence in Canada) he got his citizenship last month with out any issues. Try to gather as much proof as you can as advised by canadiandesi &chikloo.

 

[HO3]

Hi;

Thanks for all the good advice. I have been keeping my toll receipts and kept a fairly good records for all of the dates that I left Canada and came back. Finger crossed, I hope no this will not be an sticky point in the process.

 

[HO3]

The two links that were provided are very helpful. I noticed that they are for US side, is there one for Canadian side? Thanks.

I have posted my dates under November application. Here they are:

1. Sent Documents: 11/27/2015
2. Delivered: 12/01/2015
3. AOR Received: TBD
4. In Process: TBD
5. LOT: TBD
6. TEST Date: TBD
7. DM: TBD
8. OATH: TBD

 

[dpenabill]

Just posting to concur that the issue really is a matter of the extent to which being a commuter to employment in the U.S. results in Immigration, Refugees, and Citizenship (formerly "CIC") more thoroughly and skeptically assesses your case.

There have been some commuter-cases reported in the published Federal Court decisions. Typically they did not go well for the applicant. But also typically there were obvious reasons for this: applying with a minimal margin (making it easy for CIC to question enough days to reduce the calculation below the physical presence threshold), indications of other ties to the U.S. and pattern of activity raising questions about the accuracy of the declared presence, other reasons for concern about the applicant's credibility.

Thus, one of the bigger factors which can influence how things go is the extent of your margin over the minimum physical presence requirements. Hopefully you applied with at least a month's margin or more. Note, for example, in a very recent case, Abdul-Sattar Q Mahdi 2015 FC 1318), the Federal Court justice described 43 days more than the physical presence requirement, as "only slightly over the minimum requirement for physical presence in Canada," in discussing the import of potential concern about undisclosed absences. (Here again, there were also many other reasons raising concerns, despite the fact that the Citizenship Judge accepted the applicant's explanations and approved him for citizenship, which the Federal Court set aside.)

To say whether you will run into issues regarding proof of your presence in Canada would be guessing, but the risk is probably substantial. If put to proving your presence (the equivalent of what has been the RQ, or "Residency Questionnaire"), the challenge will be to fully document your presence in Canada. The scope, thoroughness, and especially the credibility or reliability of your evidence to document your presence in Canada would, then, be crucial. Which is, again, to essentially concur in the suggestions to retain, organize, maintain, and be able to present such evidence if the need arises.

 

[HO3]

hi HO3,

I am in a similar situation as you. I traveled quite a bit to the states but now my i'll be working from there. I am planning to file my application this week. Please keep me updated about your situation. I'll do as well so we can compare information.

Thanks!
INR

Hi YYZINR;

Are you saying that you will starting from US? How often you are planning to come back to Canada? I would not recommend that you stay in US and here is why. I knew somebody that on Monday passed the exam. However; that person moved to US shortly after applying for citizenship. After passing the exam, the CIC officer was stocked on gear one and spent 45 minutes talking to that person about why moved to US after applying. At the end of the conversation, the officer handed them a list of needed documents to be provided within 30 days. Some of these documents are not clear who or where it can be obtained from. Good Luck.

 

[screech339]

hi HO3,

I am in a similar situation as you. I traveled quite a bit to the states but now my i'll be working from there. I am planning to file my application this week. Please keep me updated about your situation. I'll do as well so we can compare information.

Thanks!
INR

You do realized that by working in US after submitting application under the new rules, you will be violating the "intend to reside" during the entire citizenship application process.

This is the reason why this "intend to reside" clause was added to prevent people like you from applying for citizenship on their way out of Canada, which is exactly what you are doing.

 

[HO3]

hi HO3,

I am in a similar situation as you. I traveled quite a bit to the states but now my i'll be working from there. I am planning to file my application this week. Please keep me updated about your situation. I'll do as well so we can compare information.

Thanks!
INR

As it has been mentioned by several other individuals here, you should not submit your application and move to US (or any other country), however; if you have no choice, I suggest that you keep a good record (for example toll recipe from both sides). Also, you can utilize the following links to obtain your records from US side:

https://i94.cbp.dhs.gov/I94/request.html

https://foiaonline.regulations.gov/foia/action/public/home

 

[mehtapr]

Your Phone and credit card statements also help to prove ties and presence, assuming you are with a canadian provider/bank (grey out some of the details/phone numbers etc you dont want to display). All this comes into play if you get an RQ (which seems likely considering scenario). Anyways you already sent application so just wait and watch for now.

 

[HO3]

Hi All;

Has anybody request FOIA (from US side) and how long did it take for them to get it.