Maintaining Green card & PR card


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Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 13-08-11 17:25:47

My parents got their Green Cards in 2008 and visit USA & Canada every summer.They should be receiving their CDN PR card in summer of 2012.

I know that all Canada needs is for the resident to fulfill 3 out of first 5 years in order to maintain their PR status.My parents already lived in SK before for a period of 400 days in SK on a student visa prior to getting their green cards.

Now if they enter the USA will they face any issues because they have PR cards?Do we foresee any case where they would meed to surrender their green cards and go in for a 10 year B1/B2.They have had B1/B2 in the past.

This is a documented case from one of my wife's friends.

"My mom's friend's daughter was recently denied entry to the states because she holds both the US Green card and Canadian PR card. Every officer is different and may view things differently.That said it becomes more difficult to cross the border if you hold both US and Canadian permanent resident status simultaneously as the officer can see that on the passport and will definitely ask the question. Here is the link from a law firm that addresses this issue:

http://www.grasmick.com/morefaq.htm#CAN_I_KEEP_BOTH (see question 16) Pasting the answer below:

6. Can I keep both the U.S. Green Card and Canadian Landed Immigrant status?

ANSWER: Yes, you can keep both...but you better have a good story!

Here's the problem: to keep your green card, you have to have the intent to reside permanently only in the United States. Canada requires a similar intent of it's landed immigrants. How can you intend to reside in both countries at once? If INS suspects that you no longer intend to reside permanently in the U.S., they can lift your green card. This usually happens during border crossings. The issue can also come up during naturalization: to become a U.S. citizen you must have intended to reside permanently in the U.S. continuously since the day you got your green card.

As a practical matter, you'll have some explaining to do at the border if INS finds out you hold residency in both countries."



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

Post ID: #PID Posted on: 13-08-11 17:47:33

You have answered your own question. Technically, holding two permanent residence status defeats the meaning of such and hence, depending on the time, day and the officer, they need to be prepared with a good story.


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Dimple2001


Jack109   
Member since: Jul 04
Posts: 254
Location:

Post ID: #PID Posted on: 13-08-11 17:49:53

Thanks that means on some day this question is going to arise and we have to be prepared to surrender our GCs and apply for B1/B2.

Thanks.



dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 15-08-11 11:34:39


American GC is very easy to get for parents who have children who are american citizens..

Better to retain the canadian PR , especially since medical is free here and also since US gives 10 year visitor visas..



pratickm   
Member since: Feb 04
Posts: 2831
Location: Toronto

Post ID: #PID Posted on: 15-08-11 12:13:13

Quote:
Originally posted by dudewheresmycar
Better to retain the canadian PR , especially since medical is free here

Technically, it is not free...it is paid for by Canadian tax payers.
Also, retention of provincial health coverage requirements are very different from retention of PR status.
You can continue to be a PR by staying out of the country for 3 out of every 5 years, however, that will not retain your health coverage (in most provinces, I believe).


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dudewheresmycar   
Member since: Jan 07
Posts: 980
Location:

Post ID: #PID Posted on: 16-08-11 09:46:23


The question was about how to retain both cards, since there is no way to retain both legally.. i provided the best alternate..

Wasn't meant to be a discussion about how Canadian health care is funded.. If thats ur intent u should start a separate thread

In ontario you can always get back u health coverage after staying for 3 months.
Most people use the canada usa border road entry to avoid that wait time by showing continuous residency..
In Alberta , there is no wait time..


Quote:
Originally posted by pratickm

Quote:
Originally posted by dudewheresmycar
Better to retain the canadian PR , especially since medical is free here

Technically, it is not free...it is paid for by Canadian tax payers.
Also, retention of provincial health coverage requirements are very different from retention of PR status.
You can continue to be a PR by staying out of the country for 3 out of every 5 years, however, that will not retain your health coverage (in most provinces, I believe).





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