Elenfair

Okay!

Here's another one from the local debate crew! Here's the situation:

We have a canadian graduate student, resident of Montreal, currently studying at Penn State.

She travels back home for a weekend. The customs officer (going back into canada) marks her off as a "visitor" to Canada.

She argues that she is a permanent resident of Canada (true) and therefore not a visitor.

Question arises - where IS she a resident? Canada might only consider her a permanent resident currently abroad, but what does the US consider her? A lawful resident, while she is a student? A visitor? Is studenthood (!) a special class in its own right?

Hee. I love understanding how things work.

Enlighten me!

imiak

If she is currently in the US on a F1 student visa. Then her status in the US is that of an F1 Student. An F1 is permitted to reside in the US as long as they are still a student in good standing or on their 1-year work period.

I don't know how Canada treats its permanent residents. You should inquire on the Canada Immigration forum about Canadian Permanent Resident status and how being a student in the US could potentially affect that status.

Rete

It is hoped that she is a F-1 visa holder and in the states legally as a student. Since students (other than under OPTS) can only work on campus she is not a resident and must pay her own schooling and support unless she has a scholarship from the school.

Residency rules in Canada are very very different from the US and you can stay out of the country for many years before you are stripped of your residency status and/or are considered to have abandoned your status. As long as she maintains her residency in Canada she is a resident of Canada.

jeffreyhy

Elenfair,

Semantics 102:

You say, "We have a canadian graduate student..." (the emphasis is mine). This indicates to me that she is a Canadian national - a citizen of Canada. But the rest of your post seems to indicate otherwise.

Of what country is she a citizen?

Yodrak