Hi Y’all,

I recently sent in my application for skilled 136 from the US in Oct 2004. Want to know if this will have any impact on my US PR status. We intend to go to Oz on holiday to validate the Visa and come back to apply for US citizenship in a year’s time and do not want this impacted in any way.

Why could I not wait for USC before applying to Oz? Disqualifying birthday coming up and the April 2004 points bump up spooked me.

Your question is about US immigration law - ask on US immigration forum.

Jeremy

Thanks, Will do

I think you should be careful. Officially, you are only allowed to be a
resident in one country at a time, therefore if the U.S. immigration finds
out you have been granted Autralian PR, this could in effect stand for
abandonment of your U.S. residence. If you use the same passport to travel
(i.e. you do not have dual citizenship), they could easily see the visa
label. I would seek advice from a U.S. immigration lawyer on that one.

"tical" <member30751@british_expats.com> wrote in message
news:[email protected] m...
    > Hi Y'all,
    > I recently sent in my application for skilled 136 from the US in Oct
    > 2004. Want to know if this will have any impact on my US PR status. We
    > intend to go to Oz on holiday to validate the Visa and come back to
    > apply for US citizenship in a year's time and do not want this impacted
    > in any way.
    > Why could I not wait for USC before applying to Oz? Disqualifying
    > birthday coming up and the April 2004 points bump up spooked me.
    > --
    > Cheers,
    > Tical
    > I am not a gentleman am a method men
    > Posted via http://britishexpats.com

I can't speak for the US, but as far as Australia is concerned, holding a permanent visa does not make one an 'Australian permanent resident' - as this requires both the visa and 'usual residence' in Australia.

Talking to a US immigration lawyer is a good idea, but the lawyer needs to be competent for the advice to be worth anything.

Australia does not usually care about whether you have a US green card or resident status in any other country, as long as you meet the physical presence requirements for a resident return visa.

Jeremy

Thanks for the feedback guys, I will call my shyster lawyer as soon as ASPC acknowledge my candidacy to Ozzie PR.

    > I can't speak for the US, but as far as Australia is concerned, holding
    > a permanent visa does not make one an 'Australian permanent resident' -
    > as this requires both the visa and 'usual residence' in Australia.
    >
    > Talking to a US immigration lawyer is a good idea, but the lawyer needs
    > to be competent for the advice to be worth anything.
    >
    > Australia does not usually care about whether you have a US green card
    > or resident status in any other country, as long as you meet the
    > physical presence requirements for a resident return visa.
    >
    > Jeremy

Jeremy's earlier advice to post this in a US immigration forum and
to seek the advice of a US immigration expert/lawyer is very good.

One of the requirements the US has for maintaining permanent
resident status, among other things, is that you must have the
intention of permanently residing in the US. There is no hard
and fast set of rules on what does or doesn't indicate intent
to reside permanently in the US. It's somewhat subjective.
What I can say, is that applying for and being granted
a permanent resident visa in another country while holding
permanent resident status in the US, even if not using it until
after US citizenship is obtained, could be viewed as indication
that the person did not have an intent of living permanently
in the US. I mean, why would the person apply for a permanent
resident visa in another country if his intention was to live perrmanently
in the US? There could be a valid reason, but it also could raise
suspicions.

And, it would not necessarily go away after the poster became a US
citizen. If, in the future, US officials decide that the poster showed
a lack of intention to live in the US permanently (by obtaining
an Australian permanent resident visa while still a US permanent
resident) they could rule that he lost his US permanent resident
status at that time, and was not eligible to be naturalized (since you must
be a permanent resident). This would void his US citizenship.

The poster should know that many Americans are a wee bit touchy
on this type of issue. Some will say that if he wants to live in Australia
then he can give up his green card and go live in Australia, and that
he shouldn't want to become a US citizen unless he wants to live there.
Not all Americans would say this (but some would).

Stephen
(A native born American who currently lives in Canada and
who has US, Canadian, and British citizenships).

Just wanted to update this thread, last year I got my Aussie PR and went to Australia to validate, came back to the US, applied for and got my US citizenship.

congrats on getting ur US citizenship ??? So did the U.S. immigration officer ever asked you on the Australian Visa and your intentions ???

Hi Tical,

Good to hear you got your US citizenship - I am in exactly the same boat. I got my Oz PR in July of 2005, validated in Feb 2006 and took the citizenship oath in March 2006. I was never asked about the Australian PR visa in my Canadian Passport.

Cheers,
Brian