SKHAN

I wife recently got US green card and i became Canadian permanet resident before we got married. Now if i apply for her Canadian immigration can she keep her US greencard or she has to surender it ?

Also how much time it takes if she sponser me for US green card.

Thanks

ian-mstm

She does not have to surrender her US green card, but if she abandons her residency in the US in favor of living in Canada she may lose her US status.


It's currently taking about 10 years. Things will speed up considerably if she becomes a US citizen.

Ian

Folinskyinla

Hi:

You are "playing with fire" on this one. You may want to consult with an attrorney on the northern border familiar with both Canadian and US Immigration laws.

Andrew Wilson

This is tricky because each country requires a physical presence and residence in order to maintain permanent resident status and and in order to be eligible to apply for naturalization.

If you obtain permanent resident status in Canada, she does not have to give up her US green card. However, if you plan on living in Canada, she should file a reentry permit before leaving the US that shows she needs to be outside the US but does not wish to give up her US green card status. This should help with any potenetial abandonment issues.

Right now, as the spouse of a green card holder (Family 2A preference), you have about a seven (7) year wait. If she became a US citizen, you would become an immediate relative with no priority date wait. If she moves to Canada though, this would probably delay her ability to become a US citizen because there are physical presence requiremnts for naturalization.

Regards,

Andrew M. Wilson, Esq.

Folinskyinla

Andrew:

It pays to remember that INTENT is the underlying issue, not time. Time is but an indicia of intent.

Andrew Wilson

That is true, but you can delay your intent for the US with the reentry permit. Your future intent must be to return to live in the US, but your temporary intent may be to be outside the US for business/family reasons. The reentry permit is filed to protect against an abandonment claim.

Overall you are correct that it is dangerous to try and play both sides of the border. Best to pick one and stick with it if possible.

Folinskyinla

Hi:

Quite a while back I fought an abandonment case for a situation like the OP's. The US LPR was gone ONE DAY in order to "land" in Canada -- they had yet to make up their mind and were "keeping our options open" -- I eventually won the case, but I don't think the OP is interested in fattening the pocketbook of some member of the bar.

I'm currently fighting an abandoment case now where client was stopped at POE when it was discovered she had changed employers from the one on the H-1b visa without getting a new petition. With the F-1, OPT, H-1b scenario, she had been in the US for 10 years and for the 12 years before that made bi-annual three-month visits to stay with her US grandparents. While waiting for the next plane back, CBP went to enter her "withdrawal of application for admission" into the 'puter and, up popped the intial admission when she was 4 years old as an LPR! In her sworn statement, they exacted from her that she had had no idea that she had ever been an LPR and all she ever wanted to do was to "legally live in the US as long as I legally can." This is an immigration law examination question if I've ever seen one.