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US green card and Canadian PR at the same time

Discussion in 'Permanent Residency Obligations' started by PinoyInUS, Jul 5, 2016.

  1. If she has it in her possession at that time then of course it is a different case. I still don't understand how despite being present within that country's territory half the usual rights don't apply. That's a different issue though.
     
  2. A traveler's obligation, in a PoE examination, is to truthfully answer the questions asked, and CBSA also has the authority to inspect any and all items the traveler is bringing into Canada, including documents or devices containing highly sensitive, private information. This includes the contents of an individual's telephone or other electronic device (refusing to give passwords sufficient to facilitate access to information can result in the device being seized for further inspection . . . more than a few travelers have been tripped up when the information on their telephone was different than what the traveler has told the examining officer).

    If CBSA wants to examine additional documentation or information, which is possible even though I have not seen instances of this reported, that would probably require a formal investigation which, of course, would have to be done according to the rules and law governing the government's access to an individual's property and information. What is more likely, I believe, is that the PoE officers make a referral to a local IRCC office or to the RCMP for the purpose of investigating whatever it is that concerns the PoE officers.

    It is common for IRCC to request PRs to submit copies, or present originals for inspection, of documents like Green Cards, drivers licenses in other jurisdictions, records of movement from other jurisdictions, in addition to any and all travel documents issued by other jurisdictions, in the course of conducting a Residency Determination. No crime is committed if the PR fails to provide a copy of a U.S. GC, but of course that failure can be considered in IRCC's assessment of the PR's credibility and have a negative impact on inferences made.


    Definitely. The officers at a PoE have authority to inspect anything and everything a traveler is bringing into Canada.

    Caution: Being cute, such as giving an item to someone else to bring into Canada for you, may work one or four times. Overall, however, pursuing game-playing of this sort tends to ultimately work to one's disadvantage. CBSA and IRCC personnel have, so the saying goes, seen a thing or two. They figure things out far more than many realize.

    Not sure what you mean by this. Not sure what "rights" you are referring to.

    As for a traveler's rights at a PoE, they are very limited. In this regard, it is worth remembering that unless and until a traveler has been admitted into Canada, the traveler is NOT in Canada while in the PoE even though that is on Canadian soil.

    (Persons who circumvent border controls in order to get into Canada without being admitted, and who are subsequently interdicted by authorities, are in Canada -- these days there is, for example, a stream of persons coming into Canada seeking asylum who are crossing the border illegally, and Canadian authorities are actually waiting for them, arresting them, and these individuals then can make a claim for asylum from WITHIN Canada -- these individuals deliberately cross at a location where they will be arrested, so as to begin this process.)

    Border control laws give CBSA officers authorization to inspect EVERYTHING being brought into Canada. There is virtually no limitation on the scope of this authority. It must be reasonable, but what is reasonable in this context is extremely broad. And, even if it is not reasonable, the traveler rarely has any remedy. As noted before, the officer who acts unreasonably, or even that officer's superior who in effect allows an officer to act unreasonably, could face discipline.

    It may be worth noting that a Canadian citizen has a Charter Right to enter Canada. A PR only has a statutory right (sometimes called a "privilege") to enter Canada. FNs have a statutory right to fair procedure at a PoE but no explicit right at all to enter Canada. No one, however, has a right to enter Canada without first applying for permission to actually enter Canada (this application is in effect made by arriving at a PoE and seeking entry), and persons applying for permission to actually enter Canada must agree (which agreement is implicit in the act of seeking entry) to be examined and subject to inspection, including the inspection of any and all items the traveler is bringing into Canada.

    For the vast majority the vast majority of the time, the border crossing transaction is perfunctory. Sometimes it goes differently.
     
  3. Hello, folks. Glad to find people trying to navigate the same issue.

    I still reside in Canada, have both PRs in the same time, and intend to meet Canadian requirements for citizenship, apply for it, and then move to US. I realize it`s tricky and barely legal, but still is. My plan is straightforward - obtain as much US paperwork (bank accounts, SSN, maintain formal address and driver licences, fill taxes and so on) than obtain reentry permits for me and my family and return to Canada, switching employment for temporary (slightly less than 2 years). Is there some stuff I should afraid or just be aware about? Intent for reentry I`m going to use is "personal reasons, employment or something.

    The reason i believe nothing wrong here is a new Canadian legislation that lifted requirements to reside in Canada after obtaining citizenship. This way i never drop intention to permanently reside in the US.

    Thanks in advance.
     
  4. I would caution you regarding a clause which says "You may be found to have abandoned your status if you: Move to another country, intending to live there permanently." unless you get a re-entry permit before you "leave"

    Please check out the link below and weigh all your options before going forward with your plan
    https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

    If USCIS deems that you have abandoned your status, then getting your residency back in the US would be almost impossible.
     
  5. I am an Indian Citizen with Canada PR since 2 years. I am also Getting Green Card in next 7 to 8 months. does it affect my Canadian Citizenship requirement if I would have both Canada PR and US Green Card .
     
  6. You only have Canadian PR. The only obstacle is that you maintain your RO for both countries as discussed earlier in this thread.

    If you intend to get Canadian citizenship at some point, I suspect you will be unable to meet the requirements for citizenship here while also meeting your RO obligations for the US green card.
     
  7. A multiple-entry PRTD??? What's this for? PR living outside of Canada with Canadian spouse can apply multiple-entry PRTD from outside Canada and what the reason we need to ask for issue this document?
     
  8. PRTD = Permanent Resident Travel Document is a travel card use by permanent residents of Canada to return to Canada by commercial transportation such as airlines. They can request multiple or single use PRTD at a visa office outside Canada.
     
  9. So if I have no intention to re-settle back to Canada, only if my status is PR and RO is ok, I can have a PRTD (single or multple) as kind of visa to visit Canada? What's PR TD's valid time?
     
  10. At a certain point you will not be able to extend your PR and once that is the case you won't qualify for a PRTD
     
  11. You can send a email to one of the many visa application centres around the globe and ask them about the valid time.
     
  12. Your residency obligation is a rolling 5-year period, which means that any time you are examined (i.e. cross the border, or make any application with IRCC such as getting a PRTD, or PR Card) the officer has the ability to look back 5 years from the date of application and determine whether or not you have met the requirement of 730 days in Canada. Again, the officer will only look back 5 years from that date, and count the days in that period in determining the RO.

    If there are any doubts, it is up to you to prove that you were in Canada those days by showing things like financial transactions, rent agreements, passport stamps, travel records, etc.

    The officer could report you for a violation, and proceedings will start to strip you of your PR status, and, if in Canada order you to leave.

    There's no validity to your PR status. Once you are a PR, you are a PR until you
    1. become a citizen
    2. renounce your PR status
    3. a decision is made to revoke your status
    (4. you die).

    Permanent Residency is granted to people so they can settle in Canada and contribute to Canadian society. The residency obligation is considered to be quite generous allowing a PR to only spend 40% of their time every 5 years in Canada.

    Your PR card, or a PRTD are just travel documents. Having them shows a border officer that you are a PR, but your status isn't reliant on them, nor will either document prevent an officer from reporting you if they suspect a violation of the residency obligation.
     
  13. Anybody can give a solution in my situation? me and my family have PR status in Canada. We can apply for the Canadian citizenship on 2019. Few years ago we were applied for a US green card and currently my application date is running for the further procedure of US application. Is that possible to stay in Canada and work in USA( using green card) by border crossing everyday. Then what about my family status?? I am little bit confused to get a decision. I am expecting your valuable suggestions and experiences to get a better decision on this situation. Thanks....
     
  14. You can explore a commuter green card. A commuter GC allows you to live in Canada or Mexico as long as you maintain a job in the U.S. You can read more about commuter green card from the links below. A quick Google search will also give you plenty of information.

    http://www.clarkhill.com/contents/commuter-green-cards.pdf?parent_id=335

    However, your family members will not be able to acquire commuter GC if they don't work in the U.S. In their case, perhaps a reentry permit might work. The first reentry permit is valid for 2 years and allows you to live outside of the U.S. for up to 2 years. After that, you need to reapply but subsequent reentry permits are valid for only a year at a time, I think but not entirely sure. A reentry permit is perhaps an option in your case as well.

    There were some discussions on this forum about holding both Canadian PR and U.S. GC. If you search around using some correct keywords, they will come up, I think.
     
  15. Have one job for Canadian company in the US and another for US company in Canada. It's simple.
     

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