US and Canadian Permanent Residency Questions! Please Help!!

[Taboogirl]

Hi all...I am sure hoping someone can help me...I am so completely confused! Ok...so here is the situation...

1) I am a Canadian Citizen, and my husband is an American Citizen.

2) I have “Conditions” on my US Permanent Residency until Feb. 11, 2011. We were advised to apply to have the conditions removed by applying to do so in Dec. 2010.

3) My husband completed his contract with the United States marine Corps in Dec. 2009 –and we left to move to Vancouver – arriving in Canada Jan.9, 2010. Upon arrival at the border, Canadian Immigration Officers asked us our plans, we told them we were coming to Canada with hope of finding work, and they asked my husband if he had any criminal record. When advising that he had a DUI from 2003, we were pulled over and further investigated as apparently the Immigration Officers could not FIND any record of his DUI. Being told that we would have to produce some evidence that all matters were “cleared” (and that he was not on probation, etc) we went to the public library – printed his records, and were issued a 3 month Visitor Visa for him, which expired April 9, 2010.

4) Unable to find work in Vancouver – we returned to his family’s home in Fort Wayne, IN.

5) I moved to Burnaby, BC in on April 13, 2010 to accept marketing Management employment. My husband did not move with me, as he was working in Indiana and we thought it best to allow me time to get settled in the area before he would drive our truck out and join me.

6) Our truck is currently in Ontario with my family.

7) My husband is still living in Indiana with his family, but has given notice of his resignation at his place of employment and is planning to fly into Ontario May 7th (or thereabout) – at which point he will drive our truck across Canada to join me in BC.

8.) We have not yet done filed ANY paperwork for my husband’s Permanent Residency in Canada, though it is our intention to make Canada our permanent home (we are not planning to move to the USA at this time).

9) My husband plans to attend British Columbia Institute of Technology (BCIT) hopefully in the Fall of 2010, with intention of studying Construction Management.

10) My husband and I had a minor altercation that took place in January 2010 (while we were living in BC), the police attended our apartment AFTER my husband left, and as a result there is currently a warrant for domestic violence outstanding for him in BC. I spoke to a criminal lawyer and the police officer who attended our apartment about this matter, and as I was coming down with H1N1 it is agreed for the most part that the altercation was predominantly MY fault. I am willing to go to court to explain this to the Crown/Judge. The criminal lawyer I spoke to said “my husband should turn himself in, go to court, and in all likelihood the charge will be dropped as there is insufficient evidence to show that any assault actually took place.”

My questions are as follows:

1. Will my husband have any issues flying 1-way into Ontario with a warrant in BC?

2.Is there any advantage to us filing any of his paperwork for Canadian Permanent Residency while he is out of the country?

3. Should we request a Visitor Visa when my husband flys into Ontario?

4. What timeframe should we initiate his Permanent residency paperwork, before leaving the USA, after arriving in Canada, before we go to court – or after?

5. Will a warrant in BC affect his Permanent Residency application?

6. Is there anything I should do to protect/forfeit my US Permanent Residency? What if we decide to return to the USA? Is there any way to keep both active until we are CERTAIN my job is secure, etc?

7. Is it necessary for us to apply for a pardon for my husband’s 2003 DUI?

Please advise asap. All help is truly appreciated!!

 

[RobsLuv]

Yes, it's absolutely possible to start the immigration process while your husband is out of the country - in fact, that is actually the "intended" method. There is no requirement at all that he be in Canada in order to apply for permanent status. However, you have huge issues that need to be sorted out before you even start that process. You should immediately contact a reputable, qualified Canadian immigration attorney for advice. First of all, your husband's 2003 DUI will absolutely complicate his permanent residence application. Unless he qualifies for rehabilitated status - meaning all conditions of his sentencing were accomplished (including probation and any rehabilitation like drug/alcohol treatment programs, etc.) at least five years ago - he will likely be found inadmissible to Canada for permanent status. Being admitted to Canada once with temporary status does not mean he's eligible for permanent status. In addition, I cannot even begin to tell you how the "altercation" the two of you had in BC, and a BC warrant for his arrest, will affect things but you need to be careful about going and taking all the blame yourself because a domestic violence charge could make you ineligible as a sponsor.

All that considered - there is never any guarantee, even under best case scenario, of the spouse of a Canadian citizen being admitted to Canada to "live" when they have not yet been granted permanent residence. I think your husband trying to come to Canada now, with all this other stuff outstanding, especially with the intention to attending school in the Fall would be a huge mistake. Again, consult a qualified lawyer who can advise you on what steps you should take and in what order.

As far as your US PR status . . . you should join the US immigration discussion forum at visajourney. com for more info. We really aren't that familiar here with US immigration policy and procedures. But I don't think you necessarily have to (or should) abandon your US process . . . especially considering the fact that Canadian immigration for your husband could be elusive for at least a while. My biggest concern would be how your husband quitting his job in the States would affect his eligibility to sponsor you. It's my understanding that a US sponsor has to meet certain income/asset requirements to be eligible. I think you have a lot of research to do before you switch gears and decide to make your home in Canada.

 

[hoping75]

Hello

As far as your US permanent residency goes, you lose your status when you move out of the US for more than 6 months. I was informed of this by a US customs agent, and it is in fact the law. Your permanent residence becomes invalid. Your permanent residency of the US in contingent on the fact that you remain a resident of the US. Moving back to Canada voids it. You can request a special return document to allow you up to a year out of the US from the immigration department, but you will be stating that your exit from the US is temporary and you are maintaining your residence in the US.

The only way to maintain your US documents is to fulfill yoour permanent residence requirements, and to apply and obtain your US citizenship.

Your other option is to lose your US status and reapply for permanent residence again if you ever want to move back to the US.

Believe me, I know it is complicated

Good luck

 

[sogwap]

My questions are as follows:

1. Will my husband have any issues flying 1-way into Ontario with a warrant in BC?
Your best bet might be to ask the police.

2.Is there any advantage to us filing any of his paperwork for Canadian Permanent Residency while he is out of the country?
I don't think it matters. However if he files Out-land it is almost always quicker.

3. Should we request a Visitor Visa when my husband flys into Ontario?
US citizens do not need Visitor Visa. However a US passport is required for entry in US, and therefor required to enter Canada.

4. What timeframe should we initiate his Permanent residency paperwork, before leaving the USA, after arriving in Canada, before we go to court – or after?
I would definitely file after ALL legal matters are cleared up. Why risk being denied and another mark against him. Also it will take 2-3 months to gather documents for PR. The FBI report alone can take 13 weeks.

5. Will a warrant in BC affect his Permanent Residency application?
I really don't know. Most likely will depend on the outcome of the warrant.

6. Is there anything I should do to protect/forfeit my US Permanent Residency? What if we decide to return to the USA? Is there any way to keep both active until we are CERTAIN my job is secure, etc?
Sorry wrong forum. Best to ask a US immigration forum.

7. Is it necessary for us to apply for a pardon for my husband's 2003 DUI?
I would best to clear up all legal records against him?

Please advise asap. All help is truly appreciated!!

You are walking on shaky ground for him to move to Canada without having a solid plan. Especially with a police record.

What's likely to happen is he quits his job, attempts to move here, only to find he has no legal right to stay and work. Moving to Canada is not like moving across the country where you fill out a form and wait 30 days to have legal residence.