cov-canuck

Apologies for cross-posting this (to both the Canadian and US immigration forums), but I wasn't sure which place was the right one...

Extraordinarily long story as short as possible:

I'm Canadian, moved to England at age 10, married a Brit at 24, became a British Citizen in 2005 (so I now have dual citizenship). I've sponsored my husband to get Canadian PR, intending to move to Canada in October 2006.

In the meantime, my parents are Canadian citizens with US Greencards. They waited 14 years for their greencards (they'd applied for the whole family), but by the time they were approved my older brother and I had turned 21 and were removed from the application. They now live in the States. Without my asking them to, my parents submitted a new application for me to get a greencard (it's been in process for about 18 months). They've been told it will take about 5 years for me to be approved. In 4 years time, my husband will (Hopefully) be in the process of applying for Canadian citizenship.

We're the type who never turn down an opportunity, so if someone hands me a greencard I think it would be silly not to at least land, however I don't know what effect this might have on my current citizenships.

Can one person hold a Canadian and British citizenship and a US greencard simultaneously? And if I obtain a greencard, can I sponsor my husband to get a greencard (I'm not leaving him behind!)? All I can say for sure is that we are intending Canada to be our home for the immediate future (5 years minimum), but who knows what will happen after that, so I'm not turning down any opportunity unless it is detrimental to our current statuses.

Any thoughts? Thanks in advance.

crg

"Can one person hold a Canadian and British citizenship and a US greencard simultaneously?"

Yes.

"And if I obtain a greencard, can I sponsor my husband to get a greencard"

The current priority date for married sons and daughters of US citizens is 22JUL98. That means the current wait is about 8 years and not 5, and could get longer or shorter. When your visa becomes available, you can ass the husband to the application. You have some time to work on that.

If you have a green card, then your place of general abode must be inside the US. You must maintain ties to the US. Getting a green card has responsibilities. You have to show it each time you cross the border and being Canadian no longer matters because you are an immigrant.
The longer you have the LPR status and don't move into the US, the more hassle you will get. They will eventually offer you the opportunity to surrended the card and status or be placed into removal proceedings before an immigration judge. You'd have to pay your own attorney costs. Don't get the card unless you're going to move in. Moving within the first year is usually acceptable.

JAJ

The OP says that parents are US green card holders, not US citizens. Does that make a difference?

cov-canuck

Thanks for the reply. The 5 year mark was quoted to my parents by their immigration lawyer, but to be honest the timing of it is not particularly important to me at this stage. My parents submitted the application without actually consulting me (when I heard about it I told them to save their money, but they didn't listen!), and at this stage I think it's too early to actually make any decisions.

Maggs

I think it does. I am also petitioning for my daughter over 21 and from what I understand if she gets married before I am a USC then I believe the petition is void and a new petition is required once I am a USC. However, if she remains unmarried and I become a USC then the petition is upgraded and she keeps her priority date. If she subsequently get married once I am a USC she moves to a different preference category which takes longer but still keeps her original priority date.

See USCIS link for immigration through family member:

http://uscis.gov/graphics/services/residency/family.htm

Maggie

PS. To the OP, I used to work in Coventry!

sgallagher

cov-canuck wrote:
    > Apologies for cross-posting this (to both the Canadian and US
    > immigration forums), but I wasn't sure which place was the right one...
    > Extraordinarily long story as short as possible:
    > I'm Canadian, moved to England at age 10, married a Brit at 24, became
    > a British Citizen in 2005 (so I now have dual citizenship). I've
    > sponsored my husband to get Canadian PR, intending to move to Canada in
    > October 2006.
    > In the meantime, my parents are Canadian citizens with US Greencards.
    > They waited 14 years for their greencards (they'd applied for the whole
    > family), but by the time they were approved my older brother and I had
    > turned 21 and were removed from the application. They now live in the
    > States. Without my asking them to, my parents submitted a new
    > application for me to get a greencard (it's been in process for about 18
    > months). They've been told it will take about 5 years for me to be
    > approved. In 4 years time, my husband will (Hopefully) be in the process
    > of applying for Canadian citizenship.
    > We're the type who never turn down an opportunity, so if someone hands
    > me a greencard I think it would be silly not to at least land, however I
    > don't know what effect this might have on my current citizenships.
    > Can one person hold a Canadian and British citizenship and a US
    > greencard simultaneously? And if I obtain a greencard, can I sponsor my
    > husband to get a greencard (I'm not leaving him behind!)? All I can say
    > for sure is that we are intending Canada to be our home for the
    > immediate future (5 years minimum), but who knows what will happen after
    > that, so I'm not turning down any opportunity unless it is detrimental
    > to our current statuses.

Permanent residency and nationality are two different things.
Receiving a US green card will have no effect on your Canadian and
British nationalities.

As a side note, and without having more information, it would appear
that the fact that you're married means that one of your parents would
have to become a US citizen before you can be sponsored for a Green
Card. As permanent residents they could only sponsor children who are
age 21 or over, when the children are unmarried.

By becoming a US citizen, one of your parents would be able to sponsor
their children, age 21 and over, whether they are married or not.
Currently, the USCIS is processing visa aplications in that category
(F3), that were submitted in July 1998. Yes, your husband is included.

cov-canuck

Thanks for all of the replies. I have to admit it isn't something that I've researched before, my parents have a vision in their heads of all of their kids living local to them again, then go and move to a country 2 out of their 3 kids can't reside in, and their 3rd doesn't want to (he's happy in England)!

I would agree that the research I've done recently does seem to indicate that only US citizens can sponsor a married child, in which case it sounds like their immigration lawyer doesn't know what he's talking about, and has already taken their money for this (I'll need to get them to investigate). They are also applying for my single, over-21 year old brother, who is the only one who is desperate to get to the states, so hopefully that application will go through without too many complications.

I guess the best thing to do would be to get my parents to clarify with the immigration lawyer about what exactly he's been up to. He did advise my parents that if my husband and I did decide to emigrate to the US in the future it would be faster for us to try to obtain green cards on our own merits, since we are both IT professionals, but I'll now take everything he's said with a pinch of salt!

Again, thanks for the advice!

Me

[email protected] wrote:
[..]
    > Permanent residency and nationality are two different things.
    > Receiving a US green card will have no effect on your Canadian and
    > British nationalities.
    > As a side note, and without having more information, it would appear
    > that the fact that you're married means that one of your parents would
    > have to become a US citizen before you can be sponsored for a Green
    > Card. As permanent residents they could only sponsor children who are
    > age 21 or over, when the children are unmarried.

Didn't she have derivative PD form her parents when they emigrated to
US? Was that PD void because she got married? If so, what about her
parents as LPR filing a new petition for her (and spouse, et.c)? I ask
this because

I know a girl who turned over 21 when her parents PD became current -
they emigrated in April 2001. In early 2001, he married to my nephew.
Her mother , as an LPR, has filed a petition for her and she has a
receipt that she read it to me over the phone a while back.

So it seems that she doesn't need to wait till her parents became US
citizen for them to file a new petition though she sems to have lost
the old PD. I know for a fact that the parents are not USC as of toady
(on March 1 2006), because her father abanadoned LPR and her mother
stays back home half the time and hence would't be eligible to applyu
for USC yet even it's has been 5 years shince she entered US.

So, what's going on?




    > By becoming a US citizen, one of your parents would be able to sponsor
    > their children, age 21 and over, whether they are married or not.
    > Currently, the USCIS is processing visa aplications in that category
    > (F3), that were submitted in July 1998. Yes, your husband is included.

crg

It makes a difference. I was assuming they would be US citizens long before the priority date arrives. I probably shouldn't assume though.

ian-mstm

Yes, I did! In fact, I now hold a Canadian, UK, and US passport!

Ian

scrubbedexpat099

Just thought I would add its a shame our away form does not match our home form, otherwise a return to our rightful place would be possible.

Next year, maybe.