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US-CANADIAN CONFLICT

parkarasif

Star Member
May 2, 2008
50
1
HI,
ALL SENIORS AND GENIUS,
I NEED YOUR HELP.

I am PR since 2010 ,my PR CARD expiring on APR.2015. My wife & 2 kids (ages 10 & 7) are staying in CANADA since NOV. 2012. I am in between USA and CANADA since I have some obligation here to fulfill and I have US GREEN CARD petition is pending too.I travel in between US and CANADA, mostly through NIAGARA FALL. My wife & kids will be eligible to renew their PR card in NOV. this year, how about me ? What should I do? What are options left for me?
 

scylla

VIP Member
Jun 8, 2010
93,039
20,589
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
To renew your PR card in April 2015, you must meet the residency requirement and have lived in Canada for 730 days out of the last 5 years.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
If you don't meet the RO because of a job, it's very unlikely that they will see pity on you and let you renew your PR. You could accept the loss of your PR, renounce it and ask for a multiple entry visit visa. Your wife could sponsor you for PR again as long as she is living in Canada and meets the RO herself.
 

parkarasif

Star Member
May 2, 2008
50
1
Thanks Leon for your prompt reply and straight forward answer. But if I sent it for renewal on the basis of my residential tie up with Canada, like lease agreement, bank accounts and filing taxes etc. Is that weight any on renewal ?
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
parkarasif said:
Thanks Leon for your prompt reply and straight forward answer. But if I sent it for renewal on the basis of my residential tie up with Canada, like lease agreement, bank accounts and filing taxes etc. Is that weight any on renewal ?
I can answer that question for you... No.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,318
Job Offer........
Pre-Assessed..
I don't think that having a lease agreement and bank account would count for much. If you try it, the application will probably take forever during which time if your PR card is expired, it will be difficult for you to continue travelling. If you get called in for an interview about your residency obligation and you tell them that the reason you have been outside Canada so much is because you are trying to juggle a PR and apply for a US green card at the same time, I don't think you can count on them being very sympathetic. If you had a temporary reason for staying outside that was since resolved, I think you'd have more chance but if you tell them that you are going to continue to stay outside Canada more than 60% of the time, I doubt they will renew your PR card.
 

parkarasif

Star Member
May 2, 2008
50
1
To, Leon and other Seniors and genius,

If I apply for PR renewal and if I goof up on my address and time in Canada since I have very few stamps on passport and my old passport is lost . So if they call me for interview they will not able to see USA stamp or CANADIAN STAMP. I got CBSA report it did not have all entries but most of the entry they have for me. Please reply.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Once under report, I believe that the onus is on you to prove that you meet the residency obligation requirements rather than CIC/CBSA having to prove that you don't. You might want to bear this in mind in your dealing with them.
 

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
lol every time I see this Subject name, I keep thinking some war broke out between the US and Canada. It doesn't help that it is in all caps too.

Then again we have both men's and women's hockey games USA vs Canada coming up soon so there is indeed a war... on the ice!
 

Msafiri

Champion Member
Nov 18, 2012
2,667
104
Job Offer........
Pre-Assessed..
parkarasif said:
HI,
ALL SENIORS AND GENIUS,
I NEED YOUR HELP.

I am PR since 2010 ,my PR CARD expiring on APR.2015. My wife & 2 kids (ages 10 & 7) are staying in CANADA since NOV. 2012. I am in between USA and CANADA since I have some obligation here to fulfill and I have US GREEN CARD petition is pending too.I travel in between US and CANADA, mostly through NIAGARA FALL. My wife & kids will be eligible to renew their PR card in NOV. this year, how about me ? What should I do? What are options left for me?
You need to decide which status to give up if as it appears you will be in breach of the Canadian PR. One thing to consider is that you have Canadian PR that you will lose but you don't have US GC yet. Do you have a priority date for your GC? When do you actually expect to get GC? And yeah you need physical presence for PR renewal not residential ties such as home ownership...you do have tax ties for this though so you really should make sure your tax affairs on both sides of the border are in order!

keesio said:
lol every time I see this Subject name, I keep thinking some war broke out between the US and Canada. It doesn't help that it is in all caps too.

Then again we have both men's and women's hockey games USA vs Canada coming up soon so there is indeed a war... on the ice!
Ladies first...pressure on the men now eh! I guess with your dual status you are a winner either way!