Guys,
Do you know anyone personally who has been denied entry into Canada and/or had their PR actually cancelled for not meeting 2 in 5 yrs residence requirement ? I know what the rule is but I was curious as to actual enforcement. How strictly is it enforced ?
Here is my situation.
I got Canadian PR in end March 2005. Landed and stayed in Toronto for 1 week then returned to US in early April. Technically I know I have until April 2008 to go there and maintain my PR. However my PD for US Green card is August 2001 in EB3 India category and my labor just got approved. I have filed for I140 but cant file for I 485 due to retrogression. If congress doesnt pass relief measures or increase quota I think I have only 50% chance of getting a US GC by April 2008.
Thing is my wife is starting an educational program which will complete only in June 2008 so I will be out 3 yrs 2 months. If I havent received US GC by the time she finished this program I will 100% move to Canada. Question is if a 2 month violation is reasonable or will it be held against me.
To summarize basically my question is in practice how strictly/stringently is 2 in 5 yr residency rule applied by Immigration Canada given that it is a well established policy that Canada is trying to increase numbers of immigrants.
it's enforced..
I know friend who was asked so many times .. he gave up.. and that was Windor border..
Right after completion of 3 years and if you aren't in Canada by then.. they will ask.. No one comes to your home and deports you.. but anything ahead.. like renewal or PR card or Citizenship is gonna be real hard.. then it's upto you if you want to keep paying taxes in the interim or not..
forgot to mention..
no one knows what will be the policy on the border in 2008..
knowing your facts.. you will be more than alright..
You have 3 more yrs to go and meanwhile a lot of things can happen.. since you already have LC and 140.. relax.. you are gonna get in even with
retrogression in place.. your chances are a lot more than 50%.. close to 99% if you wanna put a number on it.. they are at 1998.. only holdouts from 99-01 are from TX, CA , NY and NJ.. there aren't that many.. My lawyer tells me it will jump to Mar-Apr 99 next time..
What is it with indian panicking merely at the concept of having to go to India..??Doesn't look like it's shining much
I dont know if India is shining or not. From outside it looks like it is.
Buddy, my problem is I have been in the US since I was a 19 yr old in 1999. So basically I have lived here for 16 yrs and am now 34. Pretty soon I would have spent more time in US than in India.
You may ask what I have been doing for 15 yrs. Well 5 yrs for Bachelors (paid my way through myself hence the extra yr ), 2.5 yrs Masters, and 0.5 yrs searching for a job and currently on 7th yr H1.
Plus the Mrs is less inclined to go back to India than I am.
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