Maintaing PR and US Green Card

[parnit]

I have immigrated To Canada as PR in 2009 and got my US Green Card in March 2011 and I have one year with me to move to US, However, I will be eligible for Canadian citizenship by October 2012.
Is it possible that I can live in US and can come to work iN canada( I live in border town) and theereby maintaing both residency Kindly advise me how can I keep both residencies

 

[Baloo]

You better be really clever, the PR / GC status that you are trying to keep in both countries is the same, you intend to be a resident - clearly that can't happen.

I know that the green card has been removed (by the USG) from some that have tried this.

IT IS TIME TO CHOOSE

 

[Leon]

The residency rules for Canada to keep your PR is staying in Canada at least 730 days in any 5 year period but you want to apply for citizenship so that would be 1095 in the 4 year period before you want to apply.

The rules for US GC are a bit less clear. You can not be outside the US for more than a year at a time without applying for a returning resident permit and preferably shouldn't be outside the US for much more than 6 months each time. In the old days there were plenty of people keeping a US GC alive by going to the US every 6 months for a short trip but I have an idea that after 9-11 they may be watching it more closely who is actually living there. US immigration does have the authority to take your GC if they believe you have permanently moved to another country or if you stop filing taxes in the US.

It is possible that you can keep your US GC at least until you can apply for your Canadian citizenship. After applying you can move to a border town in the US and work in Canada or work in the US and go to Canada on the weekends. If you don't apply for Canadian citizenship but want to keep your Canadian PR, working in Canada and living in the US will do the trick because each part of a day you spend in Canada counts as a whole day for the PR residency requirements. Not for citizenship applications though because they count the nights.

 

[parnit]

Is it possible that If i rent a basement in US say near Blaine ( I mean live there) and can work in vancouver. Will the daily travel can result in manintaing both residencies
Kindly advise

 

[Alabaman]

Anything is possible. It's up to you.

 

[Leon]

If you enter Canada every day for work, 5 days a week, all 5 days will be counted as having been spent in Canada so in 5 years of doing that, you would have 1300 days, well over the 730 day limit so your Canadian PR is fine. As for the US GC, you would be living in the US so I don't see why that would be a problem. Crossing every day though might be a hassle.

 

[parnit]

Is there any one in the forum who has a similar situation and who is also frequenting between US and Canada?

 

[YorkFactory]

I think it's worth mentioning that the application for Canadian citizenship asks whether you are a permanent resident of another country. You may end up having some explaining to do.

 

[Leon]

It is not a requirement to get citizenship that you are not a permanent resident of another country as long as you meet the 1095 days in 4 years requirement. If you however don't meet the requirement and are counting on that they will give you citizenship regardless, they will likely refuse if they find out that you have already left Canada and gained PR in another country.

 

[parnit]

I know about ciizenship requirement, thanks for the update, I am still looking for some in this forum who has the same situation as of mine or who is frquenting between two so that I can take the benefit of his/her experience

 

[lzcom]

We are in the same boat, but we have even less experience than you (see my post in the forum).

Have you started commuting between the two countries? When you enter Canada, do they ask you what your status is in the US? For Canadian PR, you do need a visa to go to the US, but obviously you don't have one. Does it cause any problem?

I know about ciizenship requirement, thanks for the update, I am still looking for some in this forum who has the same situation as of mine or who is frquenting between two so that I can take the benefit of his/her experience

 

[lekkerbek]

When Canada gave you the PR, they gave it to you because they want you to live there permanently. The same is the case with the US. Though it may not be illegal for you to live in one country and commute to the other, the border agents are going to ask you questions.

Like while entering Canada from the US side, they may ask you for your purpose of visit, for which work may or may not qualify as a reasonable reason. They reason they're giving you the PR visa is for you to go "live there", to settle down, to spend money in Canada, to pay taxes in Canada, to have babies that become Canadian citizens from birth etc. The PR is not like a work-visa. It has a broader social ambition. So, be careful.

 

[parnit]

I have been given one year to move to USA

 

[hello2011]

Hi Parnit,
I frequently visit US because I work there. you will asked every time you come back to Canada and go to US. Be very true to officer. Once Canadian officer asked me to keep all record handy because they will question my stay period while reviewing PR or taking Citizenship.

Based upon what I learned from many forums and friends doing the same:If you are citizen of Canada and take up GC from American, no problem at all. But if you PR of Canada and take GC from America, you have to chose one. You can not maintain two residencies.

Hope that helps.

Thanks!!