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Mr. Miller, I have an interesting situation

Mr. Miller, I have an interesting situation

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Old Jun 16th 2003, 5:02 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Jun 2003
Location: Toronto, Canada
Posts: 182
Alfaris is an unknown quantity at this point
Default Mr. Miller, I have an interesting situation

Dear Mr. Miller,

In October of 2002, I applied inland for immigration to Canada under family class (spousal). I have been approved in principle.

I am a stateless U.S. green card holder, and I don't have any passport. I used my green card in the past to receive a Canadian student permit, and then a Canadian work permit by presenting the green card to the Canadian authorities as my travel document. Throughout my temporary stays in Canada, I managed to maintain my U.S. permanent resident status.

Before applying inland for permanent residence, I called the CIC call centre to ask if the green card is an acceptable travel document for immigration to Canada. I was told that I can send in the application with the copy of my green card and a note explaining my situation, and it will then be under the discretion of the immigration officer. If it is unacceptable, the application will be returned and the fees will be refunded.

After I submitted the application, I have not heard from CIC for a long time. Then I received my AIP letter. It said that I need to submit a copy of a valid travel document to finalize my application.
After a lot of effort, I managed to get in touch with the Vegreville officer who was handling my case, and she told me that I absolutely must submit a U.S. reentry permit, a travel document for a U.S. resident, before I am allowed to become a permanent resident in Canada.

I actually made the right decision beforehand and applied for the reentry permit just in case even before I applied for Canadian permanent residence. However, the U.S. immigration has frozen processing reentry permits and I am now looking at a 1 to 3 year wait before I receive one. They are still processing May 2002, and from April to May of this year they only reduced the backlog by two days. From May to June, they did not do a single day.

I talked to my local MP's office and sent a letter to the Minister's office to try to find a way for me to become a permanent resident of Canada without the reentry permit. The MP's office believes that I should wait for the reentry permit because it is the only proper ID that will identify me to the CIC. The Minister's office sent me a very eloquent letter that simply said that all processing on my application is complete, and that Vegreville just needs a travel document from me to finish everything.

I would like to know why the green card is accepted to apply for a study permit and a work permit, but not to immigrate to Canada. I like to read the laws and regulations to better understand my situation, but the MP's office and the Minister's office did not point me to any specific official document that would say that the green card should not be accepted, whereas the reentry permit should.

Mr. Miller, I heard many good things about you, and I hope that from your experience you can help me understand this case a little better. I am currently employed as a computer programmer in the Toronto area; I am supporting my Canadian wife and putting her through university. I have lived in Canada for the past three years, and I would like to become a landed immigrant sooner. I don't mind losing my green card as a result of receiving permanent resident status in Canada.

I look forward to seeing your thoughts on this matter!
Alfaris is offline  
Old Jun 16th 2003, 6:12 pm
  #2  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Mr. Miller, I have an interesting situation

You need a valid travel document (in your case issued by US authorities), I
don't see any way around it. Are you sure that you are stateless and you
don't have citizenship of your home country anymore? Better check it out -
getting passport from your home country (if still possible) will immediately
solve your problems.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Alfaris" wrote in message
news:[email protected]...
    > Dear Mr. Miller,
    > In October of 2002, I applied inland for immigration to Canada under
    > family class (spousal). I have been approved in principle.
    > I am a stateless U.S. green card holder, and I don't have any
    > passport. I used my green card in the past to receive a Canadian
    > student permit, and then a Canadian work permit by presenting the
    > green card to the Canadian authorities as my travel document.
    > Throughout my temporary stays in Canada, I managed to maintain my U.S.
    > permanent resident status.
    > Before applying inland for permanent residence, I called the CIC call
    > centre to ask if the green card is an acceptable travel document for
    > immigration to Canada. I was told that I can send in the application
    > with the copy of my green card and a note explaining my situation,
    > and it will then be under the discretion of the immigration officer.
    > If it is unacceptable, the application will be returned and the fees
    > will be refunded.
    > After I submitted the application, I have not heard from CIC for a long
    > time. Then I received my AIP letter. It said that I need to submit a
    > copy of a valid travel document to finalize my application.
    > After a lot of effort, I managed to get in touch with the Vegreville
    > officer who was handling my case, and she told me that I absolutely must
    > submit a U.S. reentry permit, a travel document for a U.S. resident,
    > before I am allowed to become a permanent resident in Canada.
    > I actually made the right decision beforehand and applied for the
    > reentry permit just in case even before I applied for Canadian permanent
    > residence. However, the U.S. immigration has frozen processing reentry
    > permits and I am now looking at a 1 to 3 year wait before I receive one.
    > They are still processing May 2002, and from April to May of this year
    > they only reduced the backlog by two days. From May to June, they did
    > not do a single day.
    > I talked to my local MP's office and sent a letter to the Minister's
    > office to try to find a way for me to become a permanent resident of
    > Canada without the reentry permit. The MP's office believes that I
    > should wait for the reentry permit because it is the only proper ID that
    > will identify me to the CIC. The Minister's office sent me a very
    > eloquent letter that simply said that all processing on my application
    > is complete, and that Vegreville just needs a travel document from me to
    > finish everything.
    > I would like to know why the green card is accepted to apply for a study
    > permit and a work permit, but not to immigrate to Canada. I like to read
    > the laws and regulations to better understand my situation, but the MP's
    > office and the Minister's office did not point me to any specific
    > official document that would say that the green card should not be
    > accepted, whereas the reentry permit should.
    > Mr. Miller, I heard many good things about you, and I hope that from
    > your experience you can help me understand this case a little
    > better. I am currently employed as a computer programmer in the
    > Toronto area; I am supporting my Canadian wife and putting her
    > through university. I have lived in Canada for the past three years,
    > and I would like to become a landed immigrant sooner. I don't mind
    > losing my green card as a result of receiving permanent resident
    > status in Canada.
    > I look forward to seeing your thoughts on this matter!
    > --
    > Posted via http://britishexpats.com
 
Old Jun 16th 2003, 8:19 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Jun 2003
Location: Toronto, Canada
Posts: 182
Alfaris is an unknown quantity at this point
Default Re: Mr. Miller, I have an interesting situation

I am originally from the USSR. My mother took me to the United States in 1991, where we were granted political asylum. Much later, I received my green card through adjustment of status from an asylee to a permanent resident.

I am pretty certain that I cannot obtain a passport from the Russian Federation while in Canada, because according to their embassy's website, they are prohibited by their law from issuing a first time passport outside of the Russian Federation. I never registered with or contacted their new government since the collapse of the Soviet Union. The website says that if I wish to claim Russian citizenship, I have to apply for a special Certificate of Return. It is not a passport, and is only valid for return to the Russian Federation.

My returning to Russia to obtain a passport would defeat the purpose of my inland application and would hardly hasten my Canadian permanent residence. Also, once I am in Russia, I may face the obligations of their citizenship such as serving in their army. I can speak Russian, but I am clueless as to what life there is like or what paperwork is involved in properly registering myself. I just turned 11 years old when I left Moscow.

Luckily, the CIC is recognizing me as stateless and is not requiring me to approach the Russian officials. But I am still facing the extremely long wait for the reentry permit. I found this regulation in one of your earlier posts; Do you think it may be applicable in my situation?

"5.4 Exceptions for immigrants
...
b) A Convention refugee seeking resettlement (R7), in possession of a valid and subsisting immigrant visa, does not need a passport or travel document to enter Canada, provided the issuing visa officer is of the opinion that it would be impractical to require that person to obtain such a document."

As an asylee in the United States, I was a Convention refugee. I really am seeking resettlement in Canada. A valid and subsisting immigrant visa? Not applicable since I am applying inland, but I do have approval in principle. And it is impractical for me to obtain a travel document (1 to 3 year wait). What do you think?


Originally posted by Andrew Miller
You need a valid travel document (in your case issued by US authorities), I
don't see any way around it. Are you sure that you are stateless and you
don't have citizenship of your home country anymore? Better check it out -
getting passport from your home country (if still possible) will immediately
solve your problems.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Alfaris" wrote in message
news:[email protected]...
    > Dear Mr. Miller,
    > In October of 2002, I applied inland for immigration to Canada under
    > family class (spousal). I have been approved in principle.
    > I am a stateless U.S. green card holder, and I don't have any
    > passport. I used my green card in the past to receive a Canadian
    > student permit, and then a Canadian work permit by presenting the
    > green card to the Canadian authorities as my travel document.
    > Throughout my temporary stays in Canada, I managed to maintain my U.S.
    > permanent resident status.
    > Before applying inland for permanent residence, I called the CIC call
    > centre to ask if the green card is an acceptable travel document for
    > immigration to Canada. I was told that I can send in the application
    > with the copy of my green card and a note explaining my situation,
    > and it will then be under the discretion of the immigration officer.
    > If it is unacceptable, the application will be returned and the fees
    > will be refunded.
    > After I submitted the application, I have not heard from CIC for a long
    > time. Then I received my AIP letter. It said that I need to submit a
    > copy of a valid travel document to finalize my application.
    > After a lot of effort, I managed to get in touch with the Vegreville
    > officer who was handling my case, and she told me that I absolutely must
    > submit a U.S. reentry permit, a travel document for a U.S. resident,
    > before I am allowed to become a permanent resident in Canada.
    > I actually made the right decision beforehand and applied for the
    > reentry permit just in case even before I applied for Canadian permanent
    > residence. However, the U.S. immigration has frozen processing reentry
    > permits and I am now looking at a 1 to 3 year wait before I receive one.
    > They are still processing May 2002, and from April to May of this year
    > they only reduced the backlog by two days. From May to June, they did
    > not do a single day.
    > I talked to my local MP's office and sent a letter to the Minister's
    > office to try to find a way for me to become a permanent resident of
    > Canada without the reentry permit. The MP's office believes that I
    > should wait for the reentry permit because it is the only proper ID that
    > will identify me to the CIC. The Minister's office sent me a very
    > eloquent letter that simply said that all processing on my application
    > is complete, and that Vegreville just needs a travel document from me to
    > finish everything.
    > I would like to know why the green card is accepted to apply for a study
    > permit and a work permit, but not to immigrate to Canada. I like to read
    > the laws and regulations to better understand my situation, but the MP's
    > office and the Minister's office did not point me to any specific
    > official document that would say that the green card should not be
    > accepted, whereas the reentry permit should.
    > Mr. Miller, I heard many good things about you, and I hope that from
    > your experience you can help me understand this case a little
    > better. I am currently employed as a computer programmer in the
    > Toronto area; I am supporting my Canadian wife and putting her
    > through university. I have lived in Canada for the past three years,
    > and I would like to become a landed immigrant sooner. I don't mind
    > losing my green card as a result of receiving permanent resident
    > status in Canada.
    > I look forward to seeing your thoughts on this matter!
    > --
    > Posted via http://britishexpats.com
Alfaris is offline  
Old Jun 16th 2003, 10:39 pm
  #4  
Andrew Miller
Guest
 
Posts: n/a
Default Re: Mr. Miller, I have an interesting situation

You are not applying as refugee anymore thus the quoted exception doesn't
apply to you, sorry.

--

../..

Andrew Miller
Immigration Consultant
Vancouver, British Columbia
email: [email protected]
(delete REMOVE from the above address before sending email)
________________________________


"Alfaris" wrote in message
news:[email protected]...
    > I am originally from the USSR. My mother took me to the United States
    > in 1991, where we were granted political asylum. Much later, I received
    > my green card through adjustment of status from an asylee to a
    > permanent resident.
    > I am pretty certain that I cannot obtain a passport from the Russian
    > Federation while in Canada, because according to their embassy's
    > website, they are prohibited by their law from issuing a first time
    > passport outside of the Russian Federation. I never registered with or
    > contacted their new government since the collapse of the Soviet Union.
    > The website says that if I wish to claim Russian citizenship, I have to
    > apply for a special Certificate of Return. It is not a passport, and is
    > only valid for return to the Russian Federation.
    > My returning to Russia to obtain a passport would defeat the purpose of
    > my inland application and would hardly hasten my Canadian permanent
    > residence. Also, once I am in Russia, I may face the obligations of
    > their citizenship such as serving in their army. I can speak Russian,
    > but I am clueless as to what life there is like or what paperwork is
    > involved in properly registering myself. I just turned 11 years old when
    > I left Moscow.
    > Luckily, the CIC is recognizing me as stateless and is not requiring me
    > to approach the Russian officials. But I am still facing the extremely
    > long wait for the reentry permit. I found this regulation in one of your
    > earlier posts; Do you think it may be applicable in my situation?
    > "5.4 Exceptions for immigrants
    > ..
    > b) A Convention refugee seeking resettlement (R7), in possession of a
    > valid and subsisting immigrant visa, does not need a passport or
    > travel document to enter Canada, provided the issuing visa officer is
    > of the opinion that it would be impractical to require that person to
    > obtain such a document."
    > As an asylee in the United States, I was a Convention refugee. I really
    > am seeking resettlement in Canada. A valid and subsisting immigrant
    > visa? Not applicable since I am applying inland, but I do have approval
    > in principle. And it is impractical for me to obtain a travel document
    > (1 to 3 year wait). What do you think?
    > Originally posted by Andrew Miller
    > > You need a valid travel document (in your case issued by US
    > > authorities), I
    > > don't see any way around it. Are you sure that you are
    > > stateless and you
    > > don't have citizenship of your home country anymore? Better check
    > > it out -
    > > getting passport from your home country (if still possible) will
    > > immediately
    > > solve your problems.
    > >
    > > --
    > >
    > > ../..
    > >
    > > Andrew Miller
    > > Immigration Consultant
    > > Vancouver, British Columbia
    > > email: [email protected]
    > > (delete REMOVE from the above address before sending email)
    > > ________________________________
    > >
    > >
    > > "Alfaris" wrote in message
    > > news:[email protected]"]news:832922.105578297-
    > > [email protected][/url]...
    > > > Dear Mr. Miller,
    > > > In October of 2002, I applied inland for immigration to Canada
    > > under
    > > > family class (spousal). I have been approved in principle.
    > > > I am a stateless U.S. green card holder, and I don't have
    > > any
    > > > passport. I used my green card in the past to receive a
    > > Canadian
    > > > student permit, and then a Canadian work permit by presenting
    > > the
    > > > green card to the Canadian authorities as my travel
    > > document.
    > > > Throughout my temporary stays in Canada, I managed to maintain
    > > my U.S.
    > > > permanent resident status.
    > > > Before applying inland for permanent residence, I called the CIC
    > > call
    > > > centre to ask if the green card is an acceptable travel document
    > > for
    > > > immigration to Canada. I was told that I can send in the
    > > application
    > > > with the copy of my green card and a note explaining my
    > > situation,
    > > > and it will then be under the discretion of the immigration
    > > officer.
    > > > If it is unacceptable, the application will be returned and the
    > > fees
    > > > will be refunded.
    > > > After I submitted the application, I have not heard from CIC for
    > > a long
    > > > time. Then I received my AIP letter. It said that I need to
    > > submit a
    > > > copy of a valid travel document to finalize my application.
    > > > After a lot of effort, I managed to get in touch with the
    > > Vegreville
    > > > officer who was handling my case, and she told me that I
    > > absolutely must
    > > > submit a U.S. reentry permit, a travel document for a U.S.
    > > resident,
    > > > before I am allowed to become a permanent resident in
    > > Canada.
    > > > I actually made the right decision beforehand and applied for
    > > the
    > > > reentry permit just in case even before I applied for Canadian
    > > permanent
    > > > residence. However, the U.S. immigration has frozen processing
    > > reentry
    > > > permits and I am now looking at a 1 to 3 year wait before I
    > > receive one.
    > > > They are still processing May 2002, and from April to May of
    > > this year
    > > > they only reduced the backlog by two days. From May to June,
    > > they did
    > > > not do a single day.
    > > > I talked to my local MP's office and sent a letter to the
    > > Minister's
    > > > office to try to find a way for me to become a permanent
    > > resident of
    > > > Canada without the reentry permit. The MP's office believes that
    > > I
    > > > should wait for the reentry permit because it is the only proper
    > > ID that
    > > > will identify me to the CIC. The Minister's office sent me a
    > > very
    > > > eloquent letter that simply said that all processing on my
    > > application
    > > > is complete, and that Vegreville just needs a travel document
    > > from me to
    > > > finish everything.
    > > > I would like to know why the green card is accepted to apply for
    > > a study
    > > > permit and a work permit, but not to immigrate to Canada. I like
    > > to read
    > > > the laws and regulations to better understand my situation, but
    > > the MP's
    > > > office and the Minister's office did not point me to any
    > > specific
    > > > official document that would say that the green card should not
    > > be
    > > > accepted, whereas the reentry permit should.
    > > > Mr. Miller, I heard many good things about you, and I hope that
    > > from
    > > > your experience you can help me understand this case a
    > > little
    > > > better. I am currently employed as a computer programmer in
    > > the
    > > > Toronto area; I am supporting my Canadian wife and putting
    > > her
    > > > through university. I have lived in Canada for the past
    > > three years,
    > > > and I would like to become a landed immigrant sooner. I
    > > don't mind
    > > > losing my green card as a result of receiving permanent
    > > resident
    > > > status in Canada.
    > > > I look forward to seeing your thoughts on this matter!
    > > > --
    > > Posted via http://britishexpats.com/"]http://britishexpats.-
    > com[/url]
    > --
    > Posted via http://britishexpats.com
 

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