Applying for TN visa after urgent processing for grant of Canadian citizenship

[ciscoccie]

Hi there,

If I got my grant of Canadian citizenship processed urgently (e.g. because I needed to be Canadian for a certain job, which has this as a requirement), is there some kind of waiting period after becoming Canadian which I have to follow before I can apply for an US TN visa?

Thanks!

There is no wait period officially but I recommend not to go forward with the TN plan as of now. Wait for 6-8 months after getting citizenship and then go with TN

 

[fzy951113]

I have considered your way of gaming the system because I needed it for a job offer at US as well... Gave up because the amount of risk.

To answer your question, there is no waiting period after the grant of citizenship.

but still, don't, don't game the system. I patiently waited for 13 months to get citizenship and my TN visa is now under processing. You will too, without having to take the risk.

 

[nilesh.kamani]

Here is my situation. I will appreciate your response.

So I have applied for Canadian citizenship and it is under process. It might take 4-5 months to get it.
I have recently lost my job and trying to find a suitable job in Toronto.
I am getting offers from US though.
I have Indian passport and still have 1 year left on old H1-B visa.
Should I got to US on H1-B right now or should I wait to get my Canadian citizenship ?

Thanks,

 

[pr2013]

Hi there,

If I got my grant of Canadian citizenship processed urgently (e.g. because I needed to be Canadian for a certain job, which has this as a requirement), is there some kind of waiting period after becoming Canadian which I have to follow before I can apply for an US TN visa?

Thanks!

1. Befriend Donald Trump on FB/LinkedIn
2. Cajole him into forcing the Canadian government to grant you citizenship on an expedited timeline, on the pretext of tariffs on Canadian goods that could include a wall
3. Get him to also force UCIS to get you a TN Visa under the threat of a government shutdown for non-compliance
4. Success!

 

[itsmyid]

Here is my situation. I will appreciate your response.

So I have applied for Canadian citizenship and it is under process. It might take 4-5 months to get it.
I have recently lost my job and trying to find a suitable job in Toronto.
I am getting offers from US though.
I have Indian passport and still have 1 year left on old H1-B visa.
Should I got to US on H1-B right now or should I wait to get my Canadian citizenship ?

Thanks,

How do you know you will get your Canadian citizenship before your H1 runs out? I know quite a few people betting on that and stated applying for US jobs a few months after submitting application, and started getting interviews and job offers but ended up not being able to take them because the citizenship process takes much longer than they had hoped

 

[21Goose]

Here is my situation. I will appreciate your response.

So I have applied for Canadian citizenship and it is under process. It might take 4-5 months to get it.
I have recently lost my job and trying to find a suitable job in Toronto.
I am getting offers from US though.
I have Indian passport and still have 1 year left on old H1-B visa.
Should I got to US on H1-B right now or should I wait to get my Canadian citizenship ?

Thanks,

You do know that your H1 visa was invalidated as soon as your quit your previous job? Well, if not instantly, as soon as your company reported your quitting to USCIS - which they are legally required to do so. Most companies will do it within a week of you quitting.

 

[itsmyid]

You do know that your H1 visa was invalidated as soon as your quit your previous job?

True, but the remaining portion can be transferred to the new employer as long as it hasn’t been 6 years since he last had a valid H1B

 

[21Goose]

True, but the remaining portion can be transferred to the new employer as long as it hasn’t been 6 years since he last had a valid H1B

Yes, that's true.

 

[nilesh.kamani]

Yes, that's true.

True, but the remaining portion can be transferred to the new employer as long as it hasn’t been 6 years since he last had a valid H1B

Yes, I meant that I will get remaining portion transferred to new employer.
I have two options. I can wait till I get a citizenship and then go. OR
I can use rest of my H1-B using Indian passport while waiting for Canadian citizenship.

What do you think ? Will it create any problem in getting Canadian citizenship if I am working in US ?

 

[ciscoccie]

Yes, I meant that I will get remaining portion transferred to new employer.
I have two options. I can wait till I get a citizenship and then go. OR
I can use rest of my H1-B using Indian passport while waiting for Canadian citizenship.

What do you think ? Will it create any problem in getting Canadian citizenship if I am working in US ?

I don't think it will create any problem because the requirement is to live in Canada for 1095 days which you have done, however I remember there was a law with last govt. which says "intent to reside in Canada" how that is revoked by C6 but I am thinking what if that clause comes up again after new govt comes in.

Using that law govt can claim that this person did not had the intent to reside in Canada and citizenship should be revoked. Now I doubt they will do that because there must be so many people effected but you never know. I understand the job part, I am also in IT industry and stuck with job issues here in Canada as its not great...

 

[v_g1973]

Just to put some details into what 21Goose said: If you misrepresent material facts about your status and intentions, your citizenship is in jeopardy even after you received it. They could revoke it at any point in the future. Yes, even 20 years later.

You have no clue of the rules: If you are a citizen, you cannot be deported even if you get into a criminal activity, because you do not belong to any other country! So there is nothing like revoking citizenship. You cannot be stateless...read up about the state of American and British citizens who went to Iraq.

 

[itsmyid]

Yes, I meant that I will get remaining portion transferred to new employer.
I have two options. I can wait till I get a citizenship and then go. OR
I can use rest of my H1-B using Indian passport while waiting for Canadian citizenship.

What do you think ? Will it create any problem in getting Canadian citizenship if I am working in US ?

What’s your backup plan when you run out of H1B and your citizenship is still not there yet?

 

[spyfy]

You have no clue of the rules: If you are a citizen, you cannot be deported even if you get into a criminal activity, because you do not belong to any other country! So there is nothing like revoking citizenship. You cannot be stateless...read up about the state of American and British citizens who went to Iraq.

First, no need to be rude.

Plus, you are mixing up two things and you are unfortunately wrong. Your citizenship can't be revoked for general crimes that you commit (murder, theft, terrorism, ...), but if you, specifically in your citizenship application, misrepresented your facts, your citizenship can be revoked.

Please read section 10(1) of the Citizenship Act:
"Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances."

Also, if you obtained your citizenship through misrepresentation, it can be revoked even if you become stateless. Notice section (10)(3.1)(a)
"The person may, within 60 days after the day on which the notice is sent, or within any extended time that the Minister may allow for special reasons, make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; and request that the case be decided by the Minister."

So if you would become stateless, you can ask the minister to reconsider, but he can still revoke your citizenship nonetheless.

Furthermore, you are mixing up "losing citizenship" and "deportation". Canada can revoke your citizenship for misrepresentation, therefore making you stateless. They then couldn't deport you (since you belong no country). But I invite you to read my post that you quoted one more time and you will see that nowhere did I claim that you can get deported. I am talking about revocation of citizenship, not deportation.

So indeed no need to be rude.

People who have been here in this forum for a while know that I have followed the process of Bill C-6 very closely. The whole debate about Bill C-6 was about how to deal with revocation due to terrorism and how to deal with revocation due to fraud/misrepresentation. I could possibly quote half of Bill C-6 by heart.

Which might also be the reason why I have 2,020 posts and 1,354 likes, whereas you have 129 posts and a single like.

And then you come in and say "you have no clue of the rules". Do you realize how rude that is?!

Source:
https://laws-lois.justice.gc.ca/eng/acts/c-29/page-4.html

 

[ZingyDNA]

You have no clue of the rules: If you are a citizen, you cannot be deported even if you get into a criminal activity, because you do not belong to any other country! So there is nothing like revoking citizenship. You cannot be stateless...read up about the state of American and British citizens who went to Iraq.

Ugh. I guess "revoke" is not the right word as you never had the citizenship in the first place, if you misrepresented in the application.

 

[fzy951113]

Yes, I meant that I will get remaining portion transferred to new employer.
I have two options. I can wait till I get a citizenship and then go. OR
I can use rest of my H1-B using Indian passport while waiting for Canadian citizenship.

What do you think ? Will it create any problem in getting Canadian citizenship if I am working in US ?

Working in US after submitting citizenship will not be a problem. But there are things you need to consider :

• Working in US after submitting citizenship application will likely trigger RQ/Fingerprint request thus causing some delay. You might run into situation where H1B invalidates and citizneship application is still in process.
• Or, you can let your company file I-140/485 for Green card application, which then you can keep working in US under H1B extension.
• If you get ur canada citizenship in time, are you gonna switch to TN visa? If your goal is to stay in US for long term process, you will still need to transfer back to H1B since TN is not dual intent. Leading to the long process of H1B lottery again..