Canadian Citizenship and US Green Card


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anuragkul   
Member since: Jul 03
Posts: 52
Location:

Post ID: #PID Posted on: 08-05-08 16:57:55

Hi,

I am living in Windsor, Ontario for little more than 3 years as Landed Immigrant (PR) with my wife. We made few out of the country trips, so I am eligible for filing Canadian Citizenship in early June’08 while my wife is eligible in July’08.

I work in Detroit, Michigan on H1B visa and my US Green Card was process was under way. I daily commute to work in Detroit from Windsor.

Now, I got a letter from Montreal for my Interview Date in Mid June’08 for US Green Card (consular processing). I want to take the US Green Card, but do not want to give up the chance of getting Canadian Citizenship too.

Could you please suggest how I can have both?

Can I stay in Windsor for few months after getting the US Green Card and still daily commute to work?

Thanks in anticipation.

- AK



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 08-05-08 17:23:24

Quote:
Originally posted by anuragkul

Hi,

I am living in Windsor, Ontario for little more than 3 years as Landed Immigrant (PR) with my wife. We made few out of the country trips, so I am eligible for filing Canadian Citizenship in early June’08 while my wife is eligible in July’08.

I work in Detroit, Michigan on H1B visa and my US Green Card was process was under way. I daily commute to work in Detroit from Windsor.

Now, I got a letter from Montreal for my Interview Date in Mid June’08 for US Green Card (consular processing). I want to take the US Green Card, but do not want to give up the chance of getting Canadian Citizenship too.

Could you please suggest how I can have both?

Can I stay in Windsor for few months after getting the US Green Card and still daily commute to work?

Thanks in anticipation.

- AK




-- What you can do is attend the interview for your green card, do the related formalities and get the green card "packet" with which you are supposed to enter the US to become a US permanent resident. Once you get this "packet" (or even before this stage if you become eligible for the cdn citizenship), file for Canadian citizenship (BEFORE becoming a US PR). Remember, you do not become a US PR until you cross the border with the packet and until the US imm authorities stamp your passport with the I-551 stamp.

By doing this, you will not have obtained permanent residence in other countries at the time of filing your cdn citizenship application.

Now, once you have obtained your US PR status, you will put that status in jeopardy if you live outside of the US for more than 6 months. In the light of this, delay becoming the US PR, as long as possible. It will be the best if you get your citizenship before getting the green card.

--- This is not a legal advise, since I am not a lawyer. Therefore if in doubt, consult an attorney ----



anuragkul   
Member since: Jul 03
Posts: 52
Location:

Post ID: #PID Posted on: 08-05-08 20:52:20

Thank you cdn_dude for your response.

Here are my concerns:

1. I work in USA and my employer has sponsored me for the US Green Card, so prolonging the time to go to US border (say by five months, after the interview in Montreal) would endanger my employment and I may loose my Green Card before even getting it. And I am not sure whether I will get my Canadian Citizenship in five months.

2. Lets say, I first apply for my Canadian Citizenship, and then I go to US border and get I-551 stamp on my passport, it means I am US PR now. My first question is whether it will negatively impact my Canadian Citizenship Application. My second question is whether I can daily commute on US Green Card for five months. Then I will only come to Canada whenever there is some requirement for Citizenship Application Process.


3. Or I can move to US after becoming US PR and come to Canada whenever there is some requirement for Citizenship Application Process.

4. The last option is to ask Montreal US Consulate to reschedule/postpone my immigrant visa interview.

I will appreciate your wishful replies.

Thanks,
- AK




cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 09-05-08 12:27:23

Quote:
Originally posted by anuragkul

1. I work in USA and my employer has sponsored me for the US Green Card, so prolonging the time to go to US border (say by five months, after the interview in Montreal) would endanger my employment and I may loose my Green Card before even getting it. And I am not sure whether I will get my Canadian Citizenship in five months.



-- In that case, try applying for the "commuter green card". Google this term and you will get more info on this and then think if this suits you. See this link:

http://www.clarkhill.com/microsite/immigration/commuter_green_cards/

Quote:

2. Lets say, I first apply for my Canadian Citizenship, and then I go to US border and get I-551 stamp on my passport, it means I am US PR now. My first question is whether it will negatively impact my Canadian Citizenship Application. My second question is whether I can daily commute on US Green Card for five months. Then I will only come to Canada whenever there is some requirement for Citizenship Application Process.



-- The answer to your first question is "May be". But there will certainly be some questions/concerns that may lead to a negative impact. See question 7d in the cdn citizenship application form.

See my first answer for the answer to your second question. Alternately, what you can do is apply for the citizenship b4 you get the green card, then get the US PR status and move to the US. Then you can come back in Canada for your citizenship test and oath. Remember: There could be questions about your I-551 stamp in your passport, but at least since you will have acquired the status after applying for the citizenship, they cannot accuse you of any wrong doing.


Quote:

3. Or I can move to US after becoming US PR and come to Canada whenever there is some requirement for Citizenship Application Process.



-- This is what I said above.

Quote:

4. The last option is to ask Montreal US Consulate to reschedule/postpone my immigrant visa interview.



-- Your call.

Note: My advise is not a legal advise since I am not a lawyer. Consult an attorney if in doubt.



dimple2001   
Member since: Apr 04
Posts: 2873
Location: Western Hemisphere

Post ID: #PID Posted on: 09-05-08 15:27:06

Word of caution. Commuter GC works without major hiccups for Cdn citizens. However, if you are a PR (or as long as you are a PR), there's always the nagging question as to how one can maintain two PRs simultaneously. So far, I have not been able to find even a single website that clearly says that Cdn citizens as well as PRs can avail of commuter GC.

Also, by commuting (commuter GC or otherwise) from Canada, you might be able to enter Canada without much problem as you will only have to show the PR card. However, you will have to show eligibility to enter US while on a non-Cdn pasport and that would mean showing either the 551 stamp or the plastic card. Either way, I think you are opening up to questions as to your status in Canada and that leads to the query of 2 PR status.

Something to bear in mind.


-----------------------------------------------------------------
Dimple2001


anuragkul   
Member since: Jul 03
Posts: 52
Location:

Post ID: #PID Posted on: 14-05-08 15:52:26

Hi Guys,

I found the following link (which states that Canadian PR can do daily commuting on US Green Card):

http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf

Now my queries are as below:

1. I apply for my Canadian Citizenship, before getting the I-551 stamping in my passport. Then I move to USA and come to Canada (as PR or Green Card?) whenever there is a test or oath or any other requirement. Do I have to notify CIC that I am living in USA?
(Please read http://www.settlement.org/discuss/topic.asp?TOPIC_ID=4294 )

2. I apply for my Canadian Citizenship, before getting the I-551 stamping in my passport. Then I daily commute to Detroit from Windsor, till the time I get my Canadian Citizenship.

I will appreciate your suggestions for me.

Thanks,
AK



cdn_dude   
Member since: Dec 05
Posts: 942
Location:

Post ID: #PID Posted on: 14-05-08 15:58:17

Quote:
Originally posted by anuragkul

Hi Guys,

I found the following link (which states that Canadian PR can do daily commuting on US Green Card):

http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf



-- No matter how many links you find out, having two PRs is frowned upon by the immigration officers and people have experienced it.

Quote:

1. I apply for my Canadian Citizenship, before getting the I-551 stamping in my passport. Then I move to USA and come to Canada (as PR or Green Card?) whenever there is a test or oath or any other requirement. Do I have to notify CIC that I am living in USA?
(Please read http://www.settlement.org/discuss/topic.asp?TOPIC_ID=4294 )



-- Maintain any CDN address and ask the person at that address to notify you when you get a call for oath.

Quote:

2. I apply for my Canadian Citizenship, before getting the I-551 stamping in my passport. Then I daily commute to Detroit from Windsor, till the time I get my Canadian Citizenship.



-- See my first response.





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