Aimee Jones

Hi everyone,

My husband and I are both on an L1 and L2 visas in the US. We would like
to apply for our green cards, but my husband's work situation over the next 12 months is unpredictable. With company downsizing, we are both a bit worried for the future.

If the worst was to happen, we would have to return back to the UK. I am Canadian by birth and am wondering whether we could apply to Canada now and apply for residency (me sponsoring him). This would act as an insurance, if I can sponsor him to Canada if the worst was to happen.

My question is, if I sponsor him over to Canada now, and assuming he gets the residency, would this impact an application for a green card to US later on, through his work?

In other words from an L1a to Green Card, do we need to declare that we have a residency in Canada?

Michael

Maybe you can explain Canadian immigration law to me. How could he be a resident of Canada without living there? Is that possible? Or do you mean, sponsor him for residency and get approved but don't activate the residency if he is sponsored for the green card? If that is the case, there is probably a time limit that he has to activate the Canadian residency.

In my personal opinion, I don't think USCIS cares but they might wonder if he was breaking Canadian law if he activates his Canadian residency and didn't live there.

RICH

Sounds like, if you strike out on US via employer sponsorship, you have Canada as a backup? is that it?.

christmasoompa

The OP could sponsor her husband for Canadian PR now, and then once he's gone to Canada to 'activate' it (within a year of the date of medical), he can return to the US - as long as he's living with her, then that counts as time spent in Canada for residency requirements.

So he'd keep his Canadian PR even if back in the US indefinitely.

HTH.

ian-mstm

You sponsoring your husband for Canadian residency will have no impact whatsoever on your plans to get a US green card.


No. The US has no interest in what other residency he might have.

Ian

jxv73

The only issue I can think of is if you apply for Canadian PR after becoming a U.S. PR, this could potentially be interpreted by CBP or ICE as an act indicating abandonment of status. I'm not saying that it is... just that it could look that way.

Marocco

There's one case in US immigration history where a guy lost his US LPR status after a one day trip to Canada to "activate" his Landed Immigrant status there. I don't remember the details.

Aimee Jones

Yes Rich, having the backup is exactly what we are striving for.
If we have to leave, I would rather put our good in storage and then travel up to Canada.

Aimee Jones

Thanks Ian!

Aimee Jones

The long term goals is living in the US, if we are able to get this via a company sponsored visa, I don't envisage we would want later apply for PR in Canada.

S Folinsky

I see no discussion of the "portability" provisions once an I-485 has been filed. When I was in practice, the first portability case I handled involved a new employer with the same job minus the "international" organization aspect [the petitioning employer was Canada-US while the substitute employer was San Diego].

Aimee Jones

To make the case for GC, my husband's employer says he needs to have people reporting to him in the US (currently he has two people reporting to him). To move from the L1a to GC how many people does my husband need reporting to him and also for how?

Can anyone share some insight into this?

ian-mstm

Make the case to whom? I don't think it's a US immigration requirement, although I could be wrong about that. AFAIK, it's the employer's decision... not the US government's.

Ian

Aimee Jones

Thanks this is interesting, does anyone on the forum have some further insight?

To migrate from an L1a to a GC, my husband's employer says he must have direct reports in the US. Is this a requirement by immigration? If so, how may direct reports must he have in the US.

After reading the many threads here, my understanding is that the company would decide to sponsor him and us. But, I'm not sure what the exact requirements are, especially when it comes to direct reports.

Can anyone help answer?

ian-mstm

Quite simply, the employer is wrong. Even functional managers (those who oversee a process rather than people) can move from an L-1A to GC... and many have done so. Who is giving you this information? Some idiot in HR?


AFAIK, no such requirement exists.

Ian