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Need your advice.. Urgent

sweetie.sweet

Full Member
Nov 4, 2009
44
1
I applied Canadian citizenship on Feb 2013. Received RQ on Nov 2013, the same day of citizenship exam as I moved to US as the spouse of US citizen on Oct 2013. I sent the papers for RQ to Mississauga office. I received another letter from St. Claire office around Feb 2015 and sent response on Mar 2015.

I just received the email from my aunt that I have to attend the oat on Aug 19.

I am now in US and I moved here as conditional residence visa (2 years green card). That one is going to expire on Oct 2015. I sent the papers to USCIS to extend it on Aug 1, 2015.

I did not extend my Canadian PR card which was expired on Jan 2015. I am US residence also and I just don't want any problems in my US residency.

Now, I was asked to attend the Canadian citizenship. I am very glad to get this but how can I go there? Can I go to Toronto by using my US green card as the visitor? I do have my Canadian PR card (expired), landing permit and others. I can bring all these.

I have to fly Toronto by using my passport from home country. How can I come back ? With Canada passport ? Or can I come back to US by using my passport from my country as the last time. My country doesn't allow dual citizenship. If I come back to US by using the passport from my country, can I apply Canada passport from US?

Again, I am eligible to apply US citizen around Oct 2016.

Any problems between the citizenship of US and Canada?

Thanking you all in advance.
 

poushi24

Star Member
Sep 12, 2014
190
9
sweetie.sweet said:
I applied Canadian citizenship on Feb 2013. Received RQ on Nov 2013, the same day of citizenship exam as I moved to US as the spouse of US citizen on Oct 2013. I sent the papers for RQ to Mississauga office. I received another letter from St. Claire office around Feb 2015 and sent response on Mar 2015.

I just received the email from my aunt that I have to attend the oat on Aug 19.

I am now in US and I moved here as conditional residence visa (2 years green card). That one is going to expire on Oct 2015. I sent the papers to USCIS to extend it on Aug 1, 2015.

I did not extend my Canadian PR card which was expired on Jan 2015. I am US residence also and I just don't want any problems in my US residency.



Now, I was asked to attend the Canadian citizenship. I am very glad to get this but how can I go there? Can I go to Toronto by using my US green card as the visitor? I do have my Canadian PR card (expired), landing permit and others. I can bring all these.

I have to fly Toronto by using my passport from home country. How can I come back ? With Canada passport ? Or can I come back to US by using my passport from my country as the last time. My country doesn't allow dual citizenship. If I come back to US by using the passport from my country, can I apply Canada passport from US?

Again, I am eligible to apply US citizen around Oct 2016.

Any problems between the citizenship of US and Canada?

Thanking you all in advance.
If you fly from US your immigration will take place in US airport. I don't see any problem using us green card to enter Canada. If immigration officer ask just be honest and tell them your PR is expired and you didn't renew it as you were waiting for oath invite. To fly back to US use your US green card and native passport. Also you can apply for your passport from USA. I am telling you this my wife were in same situation like you. Good Luck.
 

sweetie.sweet

Full Member
Nov 4, 2009
44
1
Thank you so much for your info. Just one more question.

I came to US as the citizen of my native country. Then, I received the Canadian citizenship. When I applied for US citizen next year as the spouse of US citizen, how can I fill my citizenship. My native country doesn't allow dual citizen. Will it be any problem if I fill as Canada or ??

Or should I just stay in US as residence and hold Canada passport to travel? If so, any consequences?

Thank you.
 

poushi24

Star Member
Sep 12, 2014
190
9
sweetie.sweet said:
Thank you so much for your info. Just one more question.

I came to US as the citizen of my native country. Then, I received the Canadian citizenship. When I applied for US citizen next year as the spouse of US citizen, how can I fill my citizenship. My native country doesn't allow dual citizen. Will it be any problem if I fill as Canada or ??

Or should I just stay in US as residence and hold Canada passport to travel? If so, any consequences?

Thank you.
If you native country doesn't allow dual citizenship then after taking Canadian citizenship your native citizenship been void technically. I am not sure if you were required to inform your native country or not. As for US citizenship I think you can mention Canadian citizenship. I thought US doesn't allow dual citizenship, I am not sure on that though. Anyways if you don't let your native authority known about your Canadian citizenship I guess you can keep both...just an opinion
 

thecoolguysam

VIP Member
May 25, 2011
4,821
382
Canada
sweetie.sweet said:
I applied Canadian citizenship on Feb 2013. Received RQ on Nov 2013, the same day of citizenship exam as I moved to US as the spouse of US citizen on Oct 2013. I sent the papers for RQ to Mississauga office. I received another letter from St. Claire office around Feb 2015 and sent response on Mar 2015.

I just received the email from my aunt that I have to attend the oat on Aug 19.

I am now in US and I moved here as conditional residence visa (2 years green card). That one is going to expire on Oct 2015. I sent the papers to USCIS to extend it on Aug 1, 2015.

I did not extend my Canadian PR card which was expired on Jan 2015. I am US residence also and I just don't want any problems in my US residency.

Now, I was asked to attend the Canadian citizenship. I am very glad to get this but how can I go there? Can I go to Toronto by using my US green card as the visitor? I do have my Canadian PR card (expired), landing permit and others. I can bring all these.

I have to fly Toronto by using my passport from home country. How can I come back ? With Canada passport ? Or can I come back to US by using my passport from my country as the last time. My country doesn't allow dual citizenship. If I come back to US by using the passport from my country, can I apply Canada passport from US?

Again, I am eligible to apply US citizen around Oct 2016.

Any problems between the citizenship of US and Canada?

Thanking you all in advance.
My only question is that have your maintained your residency requirement(obligation) (staying in Canada for 2 out of 5 years in the past) in Canada? Also, your spouse is US citizen not Canadian citizen, correct?
 

sweetie.sweet

Full Member
Nov 4, 2009
44
1
thecoolguysam said:
My only question is that have your maintained your residency requirement(obligation) (staying in Canada for 2 out of 5 years in the past) in Canada? Also, your spouse is US citizen not Canadian citizen, correct?
I went to Canada as skilled immigrant on end of 2009. Lived and worked till 10 days before I moved to US (oct 2013). I met the citizenship requirement of Canada before I moved and applied the citizenship. My husband is US citizen, not Canadian citizen or dual.
 

sweetie.sweet

Full Member
Nov 4, 2009
44
1
poushi24 said:
If you native country doesn't allow dual citizenship then after taking Canadian citizenship your native citizenship been void technically. I am not sure if you were required to inform your native country or not. As for US citizenship I think you can mention Canadian citizenship. I thought US doesn't allow dual citizenship, I am not sure on that though. Anyways if you don't let your native authority known about your Canadian citizenship I guess you can keep both...just an opinion
Yes, technically I will not be the citizen of my native country once I take Canadian citizenship. US allowed dual citizen but I am not sure US allowed neutralized citizenship of one country and US. And I moved to US as the citizen of my native country and fill up the US citizenship form as Canada citizen. I concern this as well. Kindly advise.
 

Icebergmoma

Full Member
Jul 14, 2015
39
2
The question is: do you still want to be canadian?

One option is still to give up your citizenship application since you seems to plan to get the US citizenship and want to live in US.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
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sweetie.sweet,

1. Enter Canada by presenting your US green Card and current 'home' citizenship passport.

2. Once you have completed the oath of Canadian Citizenship then depending on the laws of your current country of nationality you either immediately lose that citizenship or some procedural steps have to be followed (either by you or the government). We don't know your 'home' country so no one can comment on the outcome. If you lose the 'home' citizenship immediately you take the oath of Canadian citizenship then using the 'home' passport for return to the US could be illegal. Better wait for 48 hours (2 business days) after the oath as per Passport Canada requirements and apply for a Canadian passport with express service then use that to return to the US.

3. You are required to maintain your PR status until the day you have your oath. Under the previous Citizenship Act applicants who applied with exactly 1095 days of residence (typically on day 1096) then left Canada immediately (also referred as to applying on the way to the airport) and found their application delayed through issuance of an RQ and/or referral to a CJ often ended up being at risk of or actually breaching the Residence Obligation.

4. The RO requires a PR to have a minimum of 730 days of physical presence in Canada (or an exemption e.g accompanying Canadian citizen spouse abroad) in the 5 year period prior to any examination. Admission at a POE is an 'examination'. If you are in breach of the RO then you get reported which is the commencement of legal proceedings to revoke your PR status. There is plenty of case law showing PRs getting reported at the border when returning for their oath.

5. If reported then no oath and citizenship application usually terminated. You have to re-apply for PR and then Citizenship if you qualify under the rules in place at the relevant time.

6. Both Canada and the US recognize dual/ multiple citizenships. However each country will consider you as its citizen when in that country. Also for the US the law at this time requires US citizens to enter and exit the US with a US passport. There is also the small matter of taxation on worldwide income.....!!
 

sweetie.sweet

Full Member
Nov 4, 2009
44
1
Msafiri said:
sweetie.sweet,

1. Enter Canada by presenting your US green Card and current 'home' citizenship passport.

2. Once you have completed the oath of Canadian Citizenship then depending on the laws of your current country of nationality you either immediately lose that citizenship or some procedural steps have to be followed (either by you or the government). We don't know your 'home' country so no one can comment on the outcome. If you lose the 'home' citizenship immediately you take the oath of Canadian citizenship then using the 'home' passport for return to the US could be illegal. Better wait for 48 hours (2 business days) after the oath as per Passport Canada requirements and apply for a Canadian passport with express service then use that to return to the US.

3. You are required to maintain your PR status until the day you have your oath. Under the previous Citizenship Act applicants who applied with exactly 1095 days of residence (typically on day 1096) then left Canada immediately (also referred as to applying on the way to the airport) and found their application delayed through issuance of an RQ and/or referral to a CJ often ended up being at risk of or actually breaching the Residence Obligation.

I lived in Canada around 3 years and 10 months, just a few days missed on my trips to US. But PR card expired on Jan 2015 and I did not renew it or did not apply to renew it.


4. The RO requires a PR to have a minimum of 730 days of physical presence in Canada (or an exemption e.g accompanying Canadian citizen spouse abroad) in the 5 year period prior to any examination. Admission at a POE is an 'examination'. If you are in breach of the RO then you get reported which is the commencement of legal proceedings to revoke your PR status. There is plenty of case law showing PRs getting reported at the border when returning for their oath.

I received the letter for citizenship exam after I moved to US. I moved to US on Oct 2013 and had to write the exam on Nov 2013. I came back to US next day after my exam and did not go back again. On top, I took Interstate EI by sending the fax of the social security from US.

5. If reported then no oath and citizenship application usually terminated. You have to re-apply for PR and then Citizenship if you qualify under the rules in place at the relevant time.

That is what I really concern. Instead of being terminated, I gonna withdraw it.

6. Both Canada and the US recognize dual/ multiple citizenships. However each country will consider you as its citizen when in that country. Also for the US the law at this time requires US citizens to enter and exit the US with a US passport. There is also the small matter of taxation on worldwide income.....!!

I do aware that Canada and US recognize dual citizenship. But I moved here as the citizen of my native country. Then, become Canadian (let's say). I do not know how will it effect my green card here, future extension of green card or citizenship of US.
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
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Based on your landing date of end 2009, that you applied for citizenship in feb 2013 and left Canada Oct 2013 seems you are worried for nothing. You have enough days to meet the RO and will not be reported when your return. I apologize my initial thread should have clarified that PRs who apply for citizenship with exactly 1095 days in the 4 year qualifying period (as they were not/will not be physically in Canada for the remaining 365 days) then immediately leave Canada are the ones who have an issue if they get held up in processing. You will be ok. Enjoy the oath and Congrats on the Citizenship. Remember its best to have Canadian Citizenship and if it doesn't work our for you renounce it instead of wanting to be Canadian later on and having to go through the PR acquisition (you will lose PR if you continue to reside in the US) then citizenship application. The PR and Citizenship acquisition rules have changed and you may have problems re-qualifying.
 

on-hold

Champion Member
Feb 6, 2010
1,120
131
I think from her timeline above . . .

- lived in Canada continuously until 2013
- left in 2013
- returning in 2015 for the citizenship oath

. . . that there's no way that she could have lost her PR status now; and since she has a green card, she can use that to return to the US. The only question is entering Canada, which she could normally do with a green card; but can she do that in her current situation, where she has to demonstrate that her PR status is still valid?

Edit: I see that she might not have a green card in her possession right now.
 

sweetie.sweet

Full Member
Nov 4, 2009
44
1
my Canadian PR - Dec 2009
Left Canada - Oct 2013
Applied citizenship - Feb 2013
RQ the same day of exam - Nov 2013
RQ more paper work - Feb 2015
Oath - Aug 2015
no need to meet CJ.
 

janoo

Hero Member
May 16, 2014
995
22
Congratulation.... live after oath where ever you want and enjoy rest of your life

with free of worries...
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
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on-hold said:
I think from her timeline above . . .

- lived in Canada continuously until 2013
- left in 2013
- returning in 2015 for the citizenship oath

. . . that there's no way that she could have lost her PR status now; and since she has a green card, she can use that to return to the US. The only question is entering Canada, which she could normally do with a green card; but can she do that in her current situation, where she has to demonstrate that her PR status is still valid?

Edit: I see that she might not have a green card in her possession right now.
I roughly calculate her having at least 1365 days of physical presence when she left for the US (1095 at application in Feb 2013 plus 7 months @ circa 30 days/month to Sep 2013). Her 5 year RO window has used up some of the 'In Canada' days she used for her citizenship application as its rolled into Aug 2015 but the 7 months she lived in Canada after her citizenship application more than compensates for this. She has a significant buffer on the RO. She has a 2 year conditional GC valid to Oct 2015.