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Affect of US green card on Canadian citizenship/PR renewal application?

mastersboy

Star Member
Oct 20, 2014
128
3
I am a Canadian PR and was recently granted an IR1 visa (which converts to green card once you use it to enter the US).

However, I do not think I will use it to enter US and get my US green card, as I want to live in Canada. My questions are:

1. Does the fact that I have an US immigrant visa on my passport will have any affect on my Canadian citizenship application later?

2. What I did in US was Canadian equivalent of getting a PR visa but not landing. I know since C6 has passed "intent to reside" is not a problem but I am curious, if the bill is repealed wouldn't the fact that I never actually landed and obtained US green card be proof enough that I never "intended" to immigrate.

3. Will I have any issues with renewing my PR in case I want to do that instead of applying for citizenship given my situation with US immigrant visa as explained above?

Inviting @aj355, @Rob_TO, @Mthornt, @Alurra71, @mgnlky and @dpenabill to answer.

Thanks in advance!
 

punk

Hero Member
Feb 15, 2010
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I was in a similar situation where I delayed getting my passport stamped till I applied for Citizenship and went through the test. I don't think they can deny you but may be delay your application however maintaining PR in both countries isn't possible and US custom will create issue if you don't live there
 

dpenabill

VIP Member
Apr 2, 2010
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I am a Canadian PR and was recently granted an IR1 visa (which converts to green card once you use it to enter the US).

However, I do not think I will use it to enter US and get my US green card, as I want to live in Canada. My questions are:

1. Does the fact that I have an US immigrant visa on my passport will have any affect on my Canadian citizenship application later?

2. What I did in US was Canadian equivalent of getting a PR visa but not landing. I know since C6 has passed "intent to reside" is not a problem but I am curious, if the bill is repealed wouldn't the fact that I never actually landed and obtained US green card be proof enough that I never "intended" to immigrate.

3. Will I have any issues with renewing my PR in case I want to do that instead of applying for citizenship given my situation with US immigrant visa as explained above?
Short Answer: U.S. Green Card status seems to have minimal impact on CANADIAN status, even for citizenship applicants. Impact on U.S. status is more complicated, subject to more risk. However, how things go can depend a lot on the actual facts and circumstances, such as duration of stays in respective countries, where one maintains their actual ordinary place of abode, where one is employed, even where one's spouse or other immediate family primarily live, among other facts and circumstances. Which, of course, vary considerably.


OTHERWISE: There is a fairly extensive discussion related to this here:

I currently hold Canada PR. I landed in Sep 2016 and move to USA on H1B since Sep 2017. I also received EB1 140 approval and I'll likely get my USA PR sometime in 2020.
(follow link to read that topic)

This is also discussed in many other topics, perhaps even more so in the conference discussing PR obligations.


Some Further Observations:

On a general level, many report successfully obtaining Canadian citizenship having had PR status in both countries, and others also report being able to maintain such status in both countries.

However, THERE ARE RISKS. There is less risk relative to Canadian status than there is with the U.S. This is largely because Canada has a physical presence requirement for BOTH maintaining PR status and to qualify for citizenship. The U.S., in contrast, has significantly more strict requirements (compare the impact of being outside the U.S. for six months or more with virtually NO impact at all on Canadian PR status for an absence exceeding even a year), and there is an intent element for Green Card holders but NO such requirement for Canadian PR status or even for qualifying for Canadian citizenship.

And there are related factual matters which can have some impact. Again, more so for U.S. status, but to some extent (depending on the actual facts) also for Canadian PR status and qualifying for Canadian citizenship.

Thus, for example, for the Canadian PR who obtains U.S. PR status after becoming a PR and before applying for Canadian citizenship, the fact of having obtained the U.S. status shows an expression of intention to live permanently in the U.S. This does NOT directly affect any qualification for Canadian citizenship, BUT it can (depending in significant part on other circumstances) cause a processing agent or Citizenship Officer to have questions or concerns about the accuracy of the citizenship applicant's accounting of days present in Canada, or the applicant's accounting of address and work history. The outcome depends on the applicant's physical presence. 1095 days presence meets the qualification requirement. But such circumstances can affect how a decision-maker judges the applicant's credibility and declarations, and influence the decision-maker's overall assessment of the application, in the process of reaching a conclusion about whether the evidence PROVES beyond a balance of probabilities the applicant was present 1095 or more days.

The variables are way too many to attempt an enumeration here let alone a detailed analysis. Generally, even if you follow through to establish GC status in the U.S., if you continue to live and work in Canada that would give you very high odds of NO problem obtaining Canadian citizenship. Some others have reported being asked questions, in the interview, like "why do you have a Green Card?" But without significant impact, particularly when the applicant gives a truthful response which does not suggest the applicant has otherwise made misrepresentations about time in Canada or about work or address history.

However, many who have both U.S. and Canadian PR status have far more complicated border-straddling lifestyles, and for them the devil-is-in-the-details. Some circumstances are more likely to cause problems than others. How it goes, and what has an effect on how it goes, is very individual specific, demanding (for the prudent individual trying to match his or her decisions to his or her personal priorities) the individual make personal decisions based on his or her own consideration of the many relevant factors.

As for possible future changes to Canadian citizenship requirements in the event the Conservatives form the government after next year's election, that is highly speculative with way too many variables to even start guessing what could happen let alone what is likely. It warrants a reminder, however, that factors indicating a citizenship applicant is applying-on-the-way-to-the-airport, or otherwise seeking a passport of convenience, has historically elevated the risk of non-routine RQ related processing EVEN when there was NO INTENT requirement. There seems to be relatively little focus on this these days, but if anything changes much, this is perhaps one of the more probable aspects of the process prone to change in a more narrow or strict direction.
 

mgnlky

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Jan 22, 2016
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I was in a similar situation where I delayed getting my passport stamped till I applied for Citizenship and went through the test. I don't think they can deny you but may be delay your application however maintaining PR in both countries isn't possible and US custom will create issue if you don't live there
I would agree with this. A US Green Card (or citizenship for that matter) has minimal impact on Canadian PR or Citizenship. In some cases it seems US Citizen's PR applications are processed faster, but it all depends on individual circumstances and how simple/complex the case is.

Another question to consider is, do you ever plan on applying for US Citizenship? Either way, I'm pretty sure you will run into trouble renewing your Green Card if you have a Canadian address. Does your US Spouse plan to move and live in Canada with you?
 

mastersboy

Star Member
Oct 20, 2014
128
3
I would agree with this. A US Green Card (or citizenship for that matter) has minimal impact on Canadian PR or Citizenship. In some cases it seems US Citizen's PR applications are processed faster, but it all depends on individual circumstances and how simple/complex the case is.

Another question to consider is, do you ever plan on applying for US Citizenship? Either way, I'm pretty sure you will run into trouble renewing your Green Card if you have a Canadian address. Does your US Spouse plan to move and live in Canada with you?
Thanks for the reply.

My US spouse plans to move and live in Canada with me. We had started US green card process while we were living in Canada together on PGWP and before we landed as Canadian PRs. Since my wife had to move back due to her moms surgery in the US, we decided to keep the US green card application going even though we had landed as Canadian PRs.

Her mom is doing better now and my IR1 visa recently got approved (converts to green card once I enter the US). But we are hesitant to go to US now as it’ll mean giving up any chance of obtaining Canadian citizenship. Since I am from India (brown) and my wife from US (white) and we were able to live together in Canada after years of hardship, we do not want to put all our trust in US immigration system. If we stay in Canada as PRs and try to obtain Canadian citizenship, that gives us the piece of mind that if something were to go wrong with our Canadian citizenship application, we can always apply for my US green card again. On the other hand if we move to US now, and something goes wrong with our US citizenship application, we won’t have the option to come back to Canada.

If we were both from the same country we wouldn’t be this worried, we could’ve always moved back to the country of our birth. We don’t have that luxury so we need to be very cautious in why we do.

Thank you for all your thoughtful responses. Any advice is welcome!
 
Last edited:

mastersboy

Star Member
Oct 20, 2014
128
3
I was in a similar situation where I delayed getting my passport stamped till I applied for Citizenship and went through the test. I don't think they can deny you but may be delay your application however maintaining PR in both countries isn't possible and US custom will create issue if you don't live there
By delaying "getting passport stamped" do you mean delaying actual entering the US by using your immigrant visa or not even getting the visa printed on your passport at all?

Thanks!
 

frange

Hero Member
May 25, 2018
357
81
By delaying "getting passport stamped" do you mean delaying actual entering the US by using your immigrant visa or not even getting the visa printed on your passport at all?

Thanks!
I don't know but I think your IR1 has expiration date, so be cautious about it.
 

punk

Hero Member
Feb 15, 2010
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By delaying "getting passport stamped" do you mean delaying actual entering the US by using your immigrant visa or not even getting the visa printed on your passport at all?

Thanks!
Getting visa stamped. Once youv'e the visa, you've to enter US very soon. It varies but in my case it was 3 months. Also at time of interview they do go through all the stamps. I just didn't want to take risk
 
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mastersboy

Star Member
Oct 20, 2014
128
3
Getting visa stamped. Once youv'e the visa, you've to enter US very soon. It varies but in my case it was 3 months. Also at time of interview they do go through all the stamps. I just didn't want to take risk
Just so I understand:

1. So you obtained your Canadian citizenship while having a US immigrant visa printed on your passport?
2. Did they ask you about your immigrant US visa printed on your passport? If so, what did you tell them? Did it cause any issues (RQ etc.)?

TIA
 

mastersboy

Star Member
Oct 20, 2014
128
3
I would agree with this. A US Green Card (or citizenship for that matter) has minimal impact on Canadian PR or Citizenship. In some cases it seems US Citizen's PR applications are processed faster, but it all depends on individual circumstances and how simple/complex the case is.

Another question to consider is, do you ever plan on applying for US Citizenship? Either way, I'm pretty sure you will run into trouble renewing your Green Card if you have a Canadian address. Does your US Spouse plan to move and live in Canada with you?
Yes, we both plan to live in Canada. Just curious that when we apply for PR renewal/citizenship 3-4 years down the line - will CIC deny it stating the fact that I held an US immigrant visa or a US green card for a few months 3-4 years ago?