+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

On obtaining for citizenship will I become illegal resident in US

getstrngth

Member
May 3, 2012
19
0
I lived in Canada for 7 yrs. I came as a student, after graduation started working. I obtained my PR on July 2013. I moved to the US in June 2016. In 2016, I missed the chance of applying for citizenship previously due to shortage of days.
I came to know about the change in rule and applied for citizenship without delay ( for both reasons : meeting the requirements and my physical presence days were close 1100). Now, I've the questions :
1. I applied using my US address, but CIC accepted my application but changed it to my old rental address (ie my last resident in Canada). I updated the address online to my friend's in Canada. If I receive my citizenship and passport, can I've US address?
2. My husband is working in US on H1B . He has a visitor's visa for Canada. I've an Indian passport and I currently live in US on H4 EAD visa. On obtaining my citizenship , do I need to reapply for my H4 EAD?
3. Do I need to apply for OCI? Can I apply from US?
4. Since I realised all the above issues, will I be able to decline citizenship?

I would appreciate if anyone can please help me out.
 

Kan_Sri

Champion Member
Feb 14, 2014
2,244
354
Visa Office......
New Delhi
App. Filed.......
Mar 05-2014
I lived in Canada for 7 yrs. I came as a student, after graduation started working. I obtained my PR on July 2013. I moved to the US in June 2016. In 2016, I missed the chance of applying for citizenship previously due to shortage of days.
I came to know about the change in rule and applied for citizenship without delay ( for both reasons : meeting the requirements and my physical presence days were close 1100). Now, I've the questions :
1. I applied using my US address, but CIC accepted my application but changed it to my old rental address (ie my last resident in Canada). I updated the address online to my friend's in Canada. If I receive my citizenship and passport, can I've US address?
2. My husband is working in US on H1B . He has a visitor's visa for Canada. I've an Indian passport and I currently live in US on H4 EAD visa. On obtaining my citizenship , do I need to reapply for my H4 EAD?
3. Do I need to apply for OCI? Can I apply from US?
4. Since I realised all the above issues, will I be able to decline citizenship?

I would appreciate if anyone can please help me out.
elligibility period is 5 years prior to the date of the application. If you have lived in US from 2016 - you have to check if you are eligible or not.

1) You can live in US with a Canadian passport. So no issues with that. You dont need a visa
2) if you are working - you need a US visa on the canadian passport - it is called N1 or something and canadians can apply for it at the US border. If you are not working - i dont think you need a visa, you can visit US with canadian passport.
3) OCI i think you can apply anywhere at the Indian embassy.
 

getstrngth

Member
May 3, 2012
19
0
Thank you very much for responding. I'm eligible for citizenship ( I completed 1094 days) which was the reason I applied. Since I was running out of time, I applied immediately. But then I've questions still. Let me break down
1. I can live in US with canadian passport. But then can I have US address on the passport?
2. My family is here in US, I would not have the necessity to be live in Canada. So will my stay in US be restricted to 6 months.
 

sns204

Champion Member
Dec 12, 2012
1,236
373
Thank you very much for responding. I'm eligible for citizenship ( I completed 1094 days) which was the reason I applied. Since I was running out of time, I applied immediately. But then I've questions still. Let me break down
1. I can live in US with canadian passport. But then can I have US address on the passport?
2. My family is here in US, I would not have the necessity to be live in Canada. So will my stay in US be restricted to 6 months.
Aren't you going to be one day short?
 

alphazip

Champion Member
May 23, 2013
1,310
136
Job Offer........
Pre-Assessed..
1) There is no address "on the passport." You can apply for a Canadian passport with a U.S. address, as long as you have received Canadian citizenship.
2) You do not have to live in Canada once you receive Canadian citizenship. You can live in any country that allows you to live there. It is up to the other country as to how long you're allowed to stay.
 

links18

Champion Member
Feb 1, 2006
2,009
128
OP needs to make sure they actually qualify for Canadian citizenship and that they will not violate their PR residency obligations before oath. As for living in the US: No, you just can't live in the US on a Canadian passport. I imagine whatever visa you have to live in the US will need to be updated if you become a Canadian citizen. Canadian citizens are generally allowed into the US for a stay of up to six months, but that is technically a visa granted to you by the CBP officer who admits you at the POE. If you overstay, then yes, you are illegally present in the US. Regardless, each time you enter the US, the CBP officer has the absolute authority to admit you for a shorter period of time or not at all for any reason or no reason at all. The chances are that if you do not have any other status, CBP will consider you to have unlawful residential intentions in the US if they know your husband lives there and will not admit you without some other kind of visa that permits you residence in the US for longer periods.
 

getstrngth

Member
May 3, 2012
19
0
Thank you very much for responding. I did my physical presence calculator. I'm meeting the requirements. I had applied in Dec,2017. Since my photo was incorrect, they mailed back to send the photo in correct format. My application was received on March 8,2018.

My main concern is I cannot move to Canada in the near future. I will be staying here. If I get my citizenship, during the transition period ie oathing and obtaining my passport, will I be able to stay in US with my Indian passport? To my knowledge, India doesn't support dual citizenship. Please correct me if I'm wrong.
 

getstrngth

Member
May 3, 2012
19
0
Also, I obtained my PR before marriage. I got married in US. I didn't find any column on the citizenship form asking for my current marital status. I therefore couldn't declare my status.
 

keesio

VIP Member
May 16, 2012
4,795
396
Toronto, Ontario
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
09-01-2013
Doc's Request.
09-07-2013
AOR Received.
30-01-2013
File Transfer...
11-02-2013
Med's Done....
02-01-2013
Interview........
waived
Passport Req..
12-07-2013
VISA ISSUED...
15-08-2013
LANDED..........
14-10-2013
My main concern is I cannot move to Canada in the near future. I will be staying here. If I get my citizenship, during the transition period ie oathing and obtaining my passport, will I be able to stay in US with my Indian passport? To my knowledge, India doesn't support dual citizenship. Please correct me if I'm wrong.
Even though you meet the residency requirement, you may have some issues during the interview due to the fact that you live in the US and don't have any plans to return to Canada in the near future. You also need to make sure you keep your PR RO during the whole citizenship process. It could by the time of the interview, you will no longer meet PR RO.

I think I remember reading that India allows a grace period for a few months before you have to surrender your Indian passport/citizenship after taking another citizenship. Since it doesn't take that long to get your passport after becoming a citizen, it should not be an issue.