M C

I am in a unique situation. Your input will be greatly appreciated.

I am an Indian citizen working in US on H1. I have applied for both
Canadian and US PR. I have recently been informed that my Canadian
PR was accepted and that I should mail my passport for VISA stamping.

Will a Canadian immigrant VISA in my passport affect my chances for
a successful US Consular Processing? Will my Green Card be denied?
Please advice.

Thanks a lot.
mahidhar.

L D Jones

m c wrote:
    > I am in a unique situation. Your input will be greatly appreciated.
    > I am an Indian citizen working in US on H1. I have applied for both
    > Canadian and US PR. I have recently been informed that my Canadian
    > PR was accepted and that I should mail my passport for VISA stamping.
    > Will a Canadian immigrant VISA in my passport affect my chances for
    > a successful US Consular Processing? Will my Green Card be denied?
    > Please advice.

You will have to choose where you want to live permanently. I don't know
if the US visa will be denied but I would guess there is a good chance
it could.

Alf

Nobody knows. But you will surely have to come up with
a satisfactory answer when asked why you recently have
Canadian PR stamp, and also apply for US PR at the
same time. Good luck.

"m c" wrote in message
news:8426d254.0210231702-
[email protected]...
    > I am in a unique situation. Your input will be greatly appreciated.
    > I am an Indian citizen working in US on H1. I have applied for both
    > Canadian and US PR. I have recently been informed that my Canadian
    > PR was accepted and that I should mail my passport for VISA stamping.
    > Will a Canadian immigrant VISA in my passport affect my chances for
    > a successful US Consular Processing? Will my Green Card be denied?
    > Please advice.
    > Thanks a lot.
    > mahidhar.

Stuart Brook

Alf wrote:
    > Nobody knows. But you will surely have to come up with
    > a satisfactory answer when asked why you recently have
    > Canadian PR stamp, and also apply for US PR at the
    > same time. Good luck.
    > "m c" wrote in message
    > news:8426d254.02102317-
    > [email protected]    ...
    > > I am in a unique situation. Your input will be greatly appreciated.
    > >
    > > I am an Indian citizen working in US on H1. I have applied for both
    > > Canadian and US PR. I have recently been informed that my Canadian
    > > PR was accepted and that I should mail my passport for VISA stamping.
    > >
    > > Will a Canadian immigrant VISA in my passport affect my chances for
    > > a successful US Consular Processing? Will my Green Card be denied?
    > > Please advice.
    > >
    > > Thanks a lot.
    > > mahidhar.

Another person who applied to and wasted Canada's time just so he could
have a safety net because where he really wanted to go was the US. Many
people who've tried what you've done have successfully managed to lost
both PR and have to return to their home country.

Ben

Mahidhar,

Don't let these people scare you! As far as I know...there should be
NO problem at all because the INS is not interested in any PR
status....your file would be processed with respect to your 'country
of birth'. Even if you had a canadian citizenship by now, it would had
hardly mattered because your country of birth does not changes.

But it all depends on what stage of green card processing you are
right now...if you are on the very later stages, I guess you should
consult your lawyer to be on the safer side. You cannot be denied the
green card just because you have the PR...but the timing should be
correct.

--Ben.



[email protected] (m c) wrote in message news:...
    > I am in a unique situation. Your input will be greatly appreciated.
    > I am an Indian citizen working in US on H1. I have applied for both
    > Canadian and US PR. I have recently been informed that my Canadian
    > PR was accepted and that I should mail my passport for VISA stamping.
    > Will a Canadian immigrant VISA in my passport affect my chances for
    > a successful US Consular Processing? Will my Green Card be denied?
    > Please advice.
    > Thanks a lot.
    > mahidhar.

L D Jones

Ben wrote:
    > Mahidhar,
    > Don't let these people scare you! As far as I know...there should be
    > NO problem at all because the INS is not interested in any PR
    > status....your file would be processed with respect to your 'country
    > of birth'. Even if you had a canadian citizenship by now, it would had
    > hardly mattered because your country of birth does not changes.
    > But it all depends on what stage of green card processing you are
    > right now...if you are on the very later stages, I guess you should
    > consult your lawyer to be on the safer side. You cannot be denied the
    > green card just because you have the PR...but the timing should be
    > correct.

Still one cannot maintain PR status in both countries forever.

Mahabhenki

    > Another person who applied to and wasted Canada's time just so he could
    > have a safety net because where he really wanted to go was the US. Many
    > people who've tried what you've done have successfully managed to lost
    > both PR and have to return to their home country.

Hi Stuart

Can you provide some data regarding this to support your comment or a
link where the people have lost their canadian PR just because they
applied for a US GC.

Thanks

Trader

You are pretty greedy ... Have you tried applying for Australia, New Zealand
PR while you are at it ?



"m c" wrote in message
news:8426d254.0210231702-
[email protected]...
    > I am in a unique situation. Your input will be greatly appreciated.
    > I am an Indian citizen working in US on H1. I have applied for both
    > Canadian and US PR. I have recently been informed that my Canadian
    > PR was accepted and that I should mail my passport for VISA stamping.
    > Will a Canadian immigrant VISA in my passport affect my chances for
    > a successful US Consular Processing? Will my Green Card be denied?
    > Please advice.
    > Thanks a lot.
    > mahidhar.


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Stuart Brook

Ben wrote:
    > Mahidhar,
    > Don't let these people scare you! As far as I know...there should be
    > NO problem at all because the INS is not interested in any PR
    > status....your file would be processed with respect to your 'country
    > of birth'. Even if you had a canadian citizenship by now, it would had
    > hardly mattered because your country of birth does not changes.
    > But it all depends on what stage of green card processing you are
    > right now...if you are on the very later stages, I guess you should
    > consult your lawyer to be on the safer side. You cannot be denied the
    > green card just because you have the PR...but the timing should be
    > correct.

Canadian citizenship cannot be taken away unless he materially lied to
get it.

The INS DOES care about PR status, and they will most definitely ask you
to rescind Canadian PR.

Ben, you have consistently given advice based on absolute ignorance, or
utter disregard for the law. If mahidhar takes your advice and loses
both Canadian and US PR, well, you clearly don't give a damn.

He can indeed be denied a gc ... depending on the timing of his
applications.

Jaj

Stuart

    >On Thu, 24 Oct 2002 19:34:24 GMT, Stuart Brook wrote:
    >The INS DOES care about PR status, and they will most definitely ask you
    >to rescind Canadian PR.

Is that even possible to do under the new law?

Pre June 28 Canadian law said that taking PR in another country caused
loss of Canadian PR. But I have not been able to find any clause of
the *new* law that says this.

Although even if it is possible to acquire PR in both the US and
Canada:
- the US insists that you keep your home in the US
- Canada, under the new law, insists you spend 730 days in Canada
every 5 year period to renew the PR card.

It would be pretty hard for anyone to maintain both long-term, and
pretty much impossible to meet the citizenship residency requirement
in one country while holding onto PR in the other.

    >Ben, you have consistently given advice based on absolute ignorance, or
    >utter disregard for the law. If mahidhar takes your advice and loses
    >both Canadian and US PR, well, you clearly don't give a damn.

There's always the risk at some future point that the INS might notice
his trips to Canada and try to strip him of his GC as a result. If he
then doesn't meet the 2/5 requirement to renew his PR card in Canada,
he's got to go home.

Jeremy

Stuart Brook

JAJ wrote:
    > Stuart
    > >On Thu, 24 Oct 2002 19:34:24 GMT, Stuart Brook wrote:
    > >
    > >The INS DOES care about PR status, and they will most definitely ask you
    > >to rescind Canadian PR.
    > Is that even possible to do under the new law?
    > Pre June 28 Canadian law said that taking PR in another country caused
    > loss of Canadian PR. But I have not been able to find any clause of
    > the *new* law that says this.

That's an excellent point ... but that creates the scenario that a dual
PR spending any time in Canada that can be construed as exercising one's
Canadian PR would be considered by the INS as having abandoned one's US
PR!

This would be an INCREDIBLY delicate situation!

    > Although even if it is possible to acquire PR in both the US and
    > Canada:
    > - the US insists that you keep your home in the US
    > - Canada, under the new law, insists you spend 730 days in Canada
    > every 5 year period to renew the PR card.
    > It would be pretty hard for anyone to maintain both long-term, and
    > pretty much impossible to meet the citizenship residency requirement
    > in one country while holding onto PR in the other.
    > >
    > >Ben, you have consistently given advice based on absolute ignorance, or
    > >utter disregard for the law. If mahidhar takes your advice and loses
    > >both Canadian and US PR, well, you clearly don't give a damn.
    > There's always the risk at some future point that the INS might notice
    > his trips to Canada and try to strip him of his GC as a result. If he
    > then doesn't meet the 2/5 requirement to renew his PR card in Canada,
    > he's got to go home.

Absolutely. Anyone counselling someone to consider such a path as
anything but a no-no really has not got a grasp of a) what it means to
be a PR, and b) the impact of the laws!

I'm not convinced that the current CIC law will remain on the books as
it is discovered how it can be so abused.

Stuart

Ben

L D Jones wrote in message news:...

    > Still one cannot maintain PR status in both countries forever.

Of course!! He will have to make a choice between the two...and the
choice is obvious, isn't it!?

--Ben.

L D Jones

Ben wrote:
    > L D Jones wrote in message news:...
    > > Still one cannot maintain PR status in both countries forever.
    > Of course!! He will have to make a choice between the two...and the
    > choice is obvious, isn't it!?

If the choice were that obvious wouldn't the original poster have
already made it by not filing for PR in both places?

Cheerful

Not a unique situation, lots of people do that given how long it takes for
the GC in the US. It is reasonable to infer that you really want the US GC
rather than the Canadian one since you ask if taking the Canadian one will
jeopardize your prospects of getting the US GC.

Your Canadian GC will not matter in the US GC 'processing'. Once you are
awarded your US GC, it is in your interest to make a decision and give up
one PR rather than have one (especially the wrong one) taken away from you.
PR is permanent residency and obviously having two will lead both countries
question your true intentions.

"m c" wrote in message
news:8426d254.0210231702-
[email protected]...
    > I am in a unique situation. Your input will be greatly appreciated.
    > I am an Indian citizen working in US on H1. I have applied for both
    > Canadian and US PR. I have recently been informed that my Canadian
    > PR was accepted and that I should mail my passport for VISA stamping.
    > Will a Canadian immigrant VISA in my passport affect my chances for
    > a successful US Consular Processing? Will my Green Card be denied?
    > Please advice.
    > Thanks a lot.
    > mahidhar.

Stuart Brook

Cheerful wrote:
    > Not a unique situation, lots of people do that given how long it takes for
    > the GC in the US. It is reasonable to infer that you really want the US GC
    > rather than the Canadian one since you ask if taking the Canadian one will
    > jeopardize your prospects of getting the US GC.
    > Your Canadian GC will not matter in the US GC 'processing'. Once you are
    > awarded your US GC, it is in your interest to make a decision and give up
    > one PR rather than have one (especially the wrong one) taken away from you.
    > PR is permanent residency and obviously having two will lead both countries
    > question your true intentions.



Repeat after me ... "There is no such thing as a Canadian Green Card".

Taking Canadian Permanent Resident status after applying for US
permanent resident status will DEFINITELY impact his attempt to get US
PR. Taking Canadian PR after applying is considered a statement that he
does NOT want to become a US PR and risks his application being
considered abandoned by his actions.

The order in which he did things will most definitely matter.