Khalid

I have landed in Canada in 1999.
Now I have been approved for the USA green card after 5 years of
processing.

Can I legally keep both Canadian landed immigrant status and USA Green
Card or I will need to cancel one of them?

I was also thinking to apply for Canadian Citizenship, now if I
mentioned in the application that I also got USA green card, will it
make the processing long or difficult?

Thanks

Khalid

Waterships

Ask yourself, what do you really want?

Do you want to live in the USA or do you want to be Canadian.

So, what happened, you took Canadian PR under false pretences because you
really wanted Green Card and this seemed an easy option?

grow up.


"Khalid" wrote in message
news:[email protected]...
    > I have landed in Canada in 1999.
    > Now I have been approved for the USA green card after 5 years of
    > processing.
    > Can I legally keep both Canadian landed immigrant status and USA Green
    > Card or I will need to cancel one of them?
    > I was also thinking to apply for Canadian Citizenship, now if I
    > mentioned in the application that I also got USA green card, will it
    > make the processing long or difficult?
    > Thanks
    > Khalid

pnb

I believe you cant say you are a permanent resident of 2 countries. FYI One of my friends had landed in Canada with his PR and he also had his US advance parole with him. The BCIS officer at the Boston airport told him that he can be a PR in only one country.

maja7

It won't make the citizenship process long or difficult.
And yes, get the canadian citizenship (it seems that you qualify)and you keep your US green card.
US has different laws about keeping your permanent residence valid, I guess you were explained those when you got your card.

Help Needed

How are you considering applying for Canadian citizenship if you have been living in the US for the last several years?

Anrkist

... and if he has lived in the U.S since 1999 he has lost his Canadian PR
status.


"Help Needed" wrote in message
news:[email protected]...
    > How are you considering applying for Canadian citizenship if you have
    > been living in the US for the last several years?
    > --
    > Posted via http://britishexpats.com

Ashley Watson

maja7 wrote in message news:...
    > It won't make the citizenship process long or difficult.
    > And yes, get the canadian citizenship (it seems that you qualify)and you
    > keep your US green card.

Wrong! You have no idea what you are talking about. On the
application form for citizenship it specifically asks if you have
become a permanent resident of another country since arriving in
Canada. Obviously if you say yes then there will be an investigation
as to the circumstances of obtaining this permanant residence.

If they lie then if CIC find out that they lied later on then they can
probably kiss good bye to their citizenship and PR in both the US and
Canada. Also the fact that the person has gained a green card in the
US indicates that poster has been living outside of Canada for some
time, though they could have been waiting for their application
outside the US but this is unlikely.

Ashley Watson

maja7

First of all the poster never said that he/she lives in the US right now. He/she only stated that landed in Canada in 1999 and got US green card after 5 years of processing (One doesn't get a US green card only if they live in US). Maybe more explanation would have helped to get better answers, but don't jump into conclusions without the facts.
If he/she has been in Canada the time needed in order to qualify for Canadian citizenship, he/she will have no problem applying for the same. Worst case senario if he/she indicates YES for "If you have become a permanent resident of another country since arriving in Canada", will be that they might have to appear infront of a citizenship judge to clarify their intentions before they take the citizenship test.
There are people that at the same time are applying to several countries i.e Canada, US, Australia for permanent residence and then just wait for the first opportunity to move out of the country they live in. If they receive approval from two countries, that does not mean that it's punishment time when time comes to become a citizen.

Rich Wales

Ashley Watson wrote:

> Wrong! You have no idea what you are talking about.
> On the application form for citizenship it specifically
> asks if you have become a permanent resident of another
> country since arriving in Canada.

Please remember, though, that Canada changed its rules for keeping
permanent resident status about a year ago. The current Canadian
rules require only that a PR must spend at least two years (730
days) physically in Canada in any consecutive five-year period.
The old rule saying that a PR could lose his status right away by
abandoning Canada as his permanent home has been abolished.

As far as I'm aware, becoming a PR of a country other than Canada
(on or after 28 June 2002, the effective date of the current
immigration law) can no longer, in and of itself, cause loss of
Canadian PR status or render one ineligible to become a Canadian
citizen, provided the person has been spending enough time in
Canada to meet the two-out-of-five-year minimum presence rule.

The US, on the other hand, still uses the concept that a PR must
continuously maintain a primary residence in the US which he has
no intention of abandoning. I would speculate that someone trying
to keep both Canadian and US PR status simultaneously would prob-
ably have more of a problem from US officials than from their
Canadian counterparts, on account of the intent issue.

> Obviously if you say yes then there will be an investiga-
> tion as to the circumstances of obtaining this permanent
> residence.

Yes, but again, if one obtained another country's PR on or after
28 June 2002 (the date on which the current Immigration and
Refugee Protection Act came into force), this should not in and
of itself cause loss of Canadian PR status, since the current
rule for keeping PR status is stated strictly in terms of how
many days one has spent in Canada.

Becoming a PR of another country before 28 June 2002, on the
other hand, could still mean that the applicant lost Canadian
PR status -- since the older law's provisions on loss of PR
status were stated in terms of intention to leave Canada. I
would assume this is why the question is still included in the
citizenship application -- though, at some future time, I'd
speculate that the citizenship application is likely to be
revised to ask only if the aplicant became a foreign PR before
28 June 2002.

> Also the fact that the person has gained a green card
> in the US indicates that poster has been living outside
> of Canada for some time. . . .

I would concede that someone claiming both Canadian and US PR
status would probably do well to make very sure he/she has
strong evidence to substantiate his/her claim of the number
of days present in Canada.

Rich Wales [email protected] http://www.richw.org
*NOTE: I've lived in both Canada and the US and have dual citizenship.
*DISCLAIMER: I am not a lawyer, professional immigration consultant,
or consular officer. My comments are for discussion purposes only and
are not intended to be relied upon as legal or professional advice.

Stupid guy

Dude with a name like Khalid.. consider yourself lucky ...

check your self for a lucky spot on your butt or something.. u may have a big one!!! and never noticed it since birth.

Congrats..... you are truly a winner. get your citizen ship in Can and make a load of $$ workin in the US.. but ditch that country after you get you citizen ship...cause you wont last long there.. with the republican rule ass chasing all the Mulla boys to hell.......... sorry to say but that the truth.. !!

Good luck any ways..... !! play it clever...!! your are most likely dealing with the dumbest of the lot.. when it comes to US immigration....so give them what they want to hear or see.. they have very short memories .. and big egos... u play it like they want to hear.....it dosnt matter if it sounds like shit !! ......!!

Go brother..........!!

Atul Patel

Unless you have a good paying job and high living standards, take the green
card!
It's a question of arithmetics.
Canada is a country that needs immigrants (numbers) in order to sustain its
population levels, therefore its easier to get Canadian PR.
On the other hand US Green Card is a though process. Lot of people who
cannot get US Green Card go to Canada to get citizenship then move back to
USA.
I would get both Canadian citizenship and US Green Card. You should not
mention this to Canadian Immigration though. Because they want immigrants to
stay in Canada and work in low paying jobs, since they lose their qualified
people to USA every day.
You need to do what works best to your advantage...

Sincerely,


"Khalid" wrote in message
news:[email protected]...
    > I have landed in Canada in 1999.
    > Now I have been approved for the USA green card after 5 years of
    > processing.
    > Can I legally keep both Canadian landed immigrant status and USA Green
    > Card or I will need to cancel one of them?
    > I was also thinking to apply for Canadian Citizenship, now if I
    > mentioned in the application that I also got USA green card, will it
    > make the processing long or difficult?
    > Thanks
    > Khalid

Bodza Bodza

[email protected] (Khalid) wrote:
    > I have landed in Canada in 1999.
    > Now I have been approved for the USA green card after 5 years of
    > processing.
    >
    > Can I legally keep both Canadian landed immigrant status and USA Green
    > Card or I will need to cancel one of them?

Since June 28th 2002 Canada doesn't care if you obtained another PR
after that date. If you obtained another PR before that date, then you
have lost Canadian PR. USA PR will be lost if you obtain another PR
and cannot prove that you didn't "intend to abandon USA as a place of
residence".

In your particular situation you shouldn't have a problem with the US
PR but you will eventually lose the Canadian PR (after three years of
non physical-presence) and if you return to Canada as a PR and then
return to the States, the Americans may treat you as if you abandoned
US PR.
If you can get Canadian citizenship before your activate your green
card it's your best bet, otherwise you could get potential issues.

    > I was also thinking to apply for Canadian Citizenship, now if I
    > mentioned in the application that I also got USA green card, will it
    > make the processing long or difficult?

That is an unknown question. On reading of the Canadian citizenship
law you have to have maintained residence at all times according to
the immigration law
(if you have been in Canada for 4 years you clearly have met that
criteria) but the question still remains on the application form "Did
you take out PR in another country since becoming a Canadian PR". IF
your answer is "YES" they will want to know when.

Now here's the kicker: As the law appears to stand it should not
matter if you have obtained PR in another country *after* June 28th
2002 but the policy might be *different*. If you obtained PR in the US
before June 28th 2002 then you can kiss Canadian citizenship goodbye
*definitely* but otherwise you will be the test-case to see what
actually happens. There's also a potential "twist" to the tale.
Applying for PR and being accepted doesn't actually mean you have
obtained PR *yet*. So if you haven't actually *landed* in the States
then you don't yet have U.S. PR. Is it not also true that you get a
certain length of time after being approved before you have to
actually land in the states (e.g. a year or so?). If this is the case,
why not apply for Canadian citizenship before you land. In this case,
I think you would be legally OK to say "NO" to the obtained PR in
another country question. Experts - Agree/Disagree?

In any case, say you *do* land in the US and then apply for Canadian
citizenship anyway:
My money says you will be OK.
But nobody knows for sure until you actually try it.