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Advise from Seniors Members

Kingoftherings

Star Member
Jan 19, 2013
95
3
Toronto,Ontario
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So as you guys know im already a canadian citizen i love this coutry i love our society our culture and our nation i came here when i was 15 years old im 21 years old now i have a high school diploma from ontario i have so many friends ,credit history, dad and mom living here they arent canadians yet for some reason so i have been without job for a while now I WANT TO GO TO THE UNITED STATES NOT TO LIVE FOREVER but to get my green card and become a citizen as well and i have that opportunity because i am also cuban and i have a cuban passport cuban ajudstment act in the united states says that any cuban who resde in the us a year and one day is granted GR i just dont wanna waste this opportunity of trying to live ther as well and find a job and live there until i become a citizen my idea is i just wanna travel back and forth without time limit as a canadian i can only stay there 6 months and i wanna expent more time there and seek for jobs opportunity as well i love this country canada who i feel is my home also note : parents live here and i have so many ties here my question is the following after i become a us citizen do i need the us passport to get into canada another question can i hold 3 citizenships i dont care what people think i came here as a young boy and i dont wanna leave canada i just wanna stay here and there
 

Leon

VIP Member
Jun 13, 2008
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According to this: http://online.wsj.com/news/articles/SB123905224683194377 even a Canadian can use the Cuban adjustment act to get a green card if they also have Cuban citizenship so it seems to be a possibility. You can enter on your Canadian passport. Then talk to an immigration lawyer in the US about what you should do exactly to claim your Cuban heritage for the green card.

You'd have to stay a year to apply for the green card. Processing time added to that. After getting the green card, it takes another 5 years to qualify for citizenship in the US and then processing time. So you might be looking at least a 7 year program to get all this done. After that, you'd be dual US and Canadian and can go back and forth as you wish.
 

Kingoftherings

Star Member
Jan 19, 2013
95
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Toronto,Ontario
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Leon said:
According to this: http://online.wsj.com/news/articles/SB123905224683194377 even a Canadian can use the Cuban adjustment act to get a green card if they also have Cuban citizenship so it seems to be a possibility. You can enter on your Canadian passport. Then talk to an immigration lawyer in the US about what you should do exactly to claim your Cuban heritage for the green card.

You'd have to stay a year to apply for the green card. Processing time added to that. After getting the green card, it takes another 5 years to qualify for citizenship in the US and then processing time. So you might be looking at least a 7 year program to get all this done. After that, you'd be dual US and Canadian and can go back and forth as you wish.
Thank you so much lion you rock :) you know almost everything not just canadian immigration laws :) thanks
 

Dejaavu

Hero Member
Aug 17, 2013
530
15
I would be careful crossing the US border. You will have to get some sort of status. If you are just going to visit you have to have proof of ties to Canada such as lease/mortgage/job etc. I would travel lightly and if flying have a return ticket and say that you are going for a short time maximum 2 weeks or so. Otherwise they might assume you are moving there and potentially deny your entry.
The best is to get into a college/university and get a student visa F1 status and then take it from there. Or if you can find a job and get a TN visa after.
Unless you have some sort of status in the US, it is best to say to US border officer that you are going on a short trip and tell where you will be staying and for how long. You can stay up to six months. But if you say you will stay six months the officer will get suspicious that you are moving to US. It is best to say you are going on a short trip.
 

Dejaavu

Hero Member
Aug 17, 2013
530
15
Even if you say you are going for a day, you are automatically admitted up to six months on a visitor status (B2 status).
 

Dejaavu

Hero Member
Aug 17, 2013
530
15
I had a friend who bought a condo in Florida and got denied entry because he said he would move to US and live there for a few months. He is a Canadian citizen and the US border officer got suspicious and denied entry. Always stress you are visiting if you don't have another status such as student visa, work visa etc.
 

Kingoftherings

Star Member
Jan 19, 2013
95
3
Toronto,Ontario
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Dejaavu said:
I would be careful crossing the US border. You will have to get some sort of status. If you are just going to visit you have to have proof of ties to Canada such as lease/mortgage/job etc. I would travel lightly and if flying have a return ticket and say that you are going for a short time maximum 2 weeks or so. Otherwise they might assume you are moving there and potentially deny your entry.
The best is to get into a college/university and get a student visa F1 status and then take it from there. Or if you can find a job and get a TN visa after.
Unless you have some sort of status in the US, it is best to say to US border officer that you are going on a short trip and tell where you will be staying and for how long. You can stay up to six months. But if you say you will stay six months the officer will get suspicious that you are moving to US. It is best to say you are going on a short trip.
I really appreciate your help thank you
 

Msafiri

Champion Member
Nov 18, 2012
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KOR,

Your plan is good in theory and is ultimately workable but as has been pointed out you need to consider several things:

1. The Cuban Adjustment Act (CAA) is discretionary for the Attorney General. You have to be admitted or paroled into the US. A plus is that you will not be inadmissible if you are a public charge or entered the US without inspection ie. you didn't use a Port of Entry. You still need to get paroled. If you fly to the US from Canada it will be a non issue since most major airports have CBP pre-clearance. If you are inadmissible for any other reasons then you can't adjust and need to get a waiver.

2. Assuming you are admitted into the US as a visitor standard 6 months how will you survive? How will you survive for 1 year if you get a 6 month extension? What about medical issues - there is no provincial health coverage.

3. I concur with the other posters...get a TN rated qualification in Canada then apply for a job. Alternatively go to the US for education but you will be paying 'hefty' tuition and will need to get admission from CBP. At this time you appear to not have much scope for US employment.

4. Back and forth travel more difficult prior to US GC application - the border agents may sweat you.

5. If you get your US GC you must register for Selective Service (military).

6. If you get your US GC you must file taxes with the IRS on all worldwide income.

7. US GC retention makes Canadian PR 2/5 years PR obligation seem like a walk in the park. US GC requires you make your home in the US. Every time you are absent from the US for 6 months the burden of proof that you haven't abandoned status shifts to you. This makes your proposed back and forth travel an issue.

8. When you eventually naturalize as a USC (more strict and lengthier PR physical residence status required) you must enter the US on your US passport. Naturalization is many years away for you as per Leon unless you join the military once you get your US GC.

9. CBP are obviously aware of the CAA. Its possible they may give 'Cuban' citizens a hard time at the border and bounce you!

Good luck