Effect on Canadian PR when Obtaining US Green Card

[trippyjones]

Hello,

I've accepted an inter-company transfer from Toronto to Philadelphia. I'm a Canadian citizen and my wife is a Canadian permanent resident. She obtained this status in Canada just over two years ago, thus has already satisified the 2 out of 5 year requirement.

My company is willing to go through the US green card process for both of us. We expect to be living in the US for some time. My question is what effect will obtaining a US green card have on my wife's Canadian PR? Because she will be living with me, a Canadian citizen, I'm fairly certain that time out of the country will not affect her Canadian PR.

Can anybody tell me when we would need to return to Canada to keep her status? Could she live in the US indefinitely given she is living with me, a Canadian citizen?

Thanks for your help!
Cory

 

[Leon]

As for residency requirements, she will keep her PR indefinitely if she is living with you but she will have problems applying for a new PR card because you have to be in Canada to do it.

I do not know if getting a US green card will affect her PR.

 

[Karlshammar]

Getting U.S. PR will not affect your Canadian PR.

 

[commonwealth]

How can you be permanent resident in two different counties at same time..?

 

[Karlshammar]

Neither country cares what status you have in the other country, but maintaining the residency requirements in both countries will be a challenge, that's for sure!

How can you be permanent resident in two different counties at same time..?

 

[Leon]

Neither country cares what status you have in the other country, but maintaining the residency requirements in both countries will be a challenge, that's for sure!

Actually, the US may care if you get permanent residency in another country, that is if they know, see http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD where it says:

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently

And I suppose it could be said that if you have a Green card and get a PR of Canada and move to Canada that you have moved to another country intending to live their permanently. However, the other way around, if Canada doesn't care should be ok.

 

[Karlshammar]

Sure, meaning if you:

a) move to another country
b) intend to live there permanently

Which is obviously not the case if you maintain residence in both countries. Unless the gov'ts take the position that being granted PR status in another country entails moving to another country and intending to live there permanently even if the person's actions are to the contrary. I have not seen any official statement holding that position, though.

 

[Leon]

For the US, I would not be surprised if they took it that way. However, how many people with a green card actually would tell the US immigration that they are getting PR status in another country? There are people who've gotten away with keeping their green cards for years without living in the US. Same with Canadian PR's. There are people with PR's who've had no problems entering Canada long after they lost their PR due to residency requirements. They only get nailed when they apply to renew their PR card and either are truthful on their application about their residency or they lie and get caught.

 

[Karlshammar]

It's hard to tell how the Americans would take it since their system is so dependent on case law, and I'm not one to pore over legal tomes on an issue that doesn't apply to me. Maybe you're right.

I knew people in the U.S. who would travel to the U.S. once every six months from other countries just to maintain their PR. I'm not quite sure, as they had no interest in ever living in the U.S., but I guess they wanted to keep their options open. I can't blame them considering where they live...

 

[Leon]

I've known people who did the same thing. The US doesn't have a concrete residency requirement like Canada so it was often enough coming every 6 months. I don't know if it's still enough after 9-11 and all. If somebody had a job where they could live in Canada 6 months a year and in the US for the other 6, they shouldn't have a problem meeting the residency requirements of both countries. If they live in Canada (temporarily) for 2 years out of every 5 but visit the US every 6 months while they do, that would probably also work.

 

[commonwealth]

You can holder US GC with your foreign passport but can't be (Legally) PR in two different counties at same time unless you clone yourself
Leon is correct, you can keep US GC if you travel every 6 months.

 

[Karlshammar]

Please cite this law for us, provide us with the exact statutes, and inform us of whether his law is American or Canadian. I think you may be wrong and are just guessing here because it sounds reasonable to you.

You can holder US GC with your foreign passport but can't be (Legally) PR in two different counties at same time unless you clone yourself
Leon is correct, you can keep US GC if you travel every 6 months.

 

[commonwealth]

It's your call.

 

[Karlshammar]

Thanks, but it'd be nice to make an informed decision based on facts. What's your source?

It's your call.

 

[Alabaman]

The US Green card process is fraught with uncertainties and very unreliable. Besides, it can take from 3 to 12 years from the time you apply to the time you get your GC in hand, depending on what country you are originally from and what your job level is.

I would advice your wife to stay one more year in Canada and then apply for citizenship then she can come and join you in the US.