A note of warning and clarification - U.S. immigration officers have the
discretion to submit a U.S. Green Card holder to an admissibility
hearing when the U.S. Green Card holder is attempting to re-enter the
U.S., if the immigration officer suspects that the Green Card holder's
residence is not in the United States.
The residency requirement for the Green Card holder is not to leave the
U.S. for more than a year at a time and not for more than two years
while in posession of a re-entry permit. If these requirements are not
met, the Green Card is lost unless the Green Card holder applies for a
returning resident visa at a U.S. consulate and is able to prove that
the trip was of temporary nature.
However, maintaining this requirement in no way guarantees that the
Green Card holder will be allowed to hold on to the Green Card. The
immigration officer at the border has broad and discretionary power to
submit the Green Card holder to an admissibility hearing at any point if
there is any suspicion that the holder's residence is not in the U.S.,
regardless of the length of the trip.
Possession of documents at the U.S. port of entry, proving that the
Green Card holder is currently a PR in Canada, guarantees submission to
an admissibility hearing in the U.S. -- and almost guarantees the loss
of the Green Card as a consequence of the hearing.
Conversely, in Canada, a Canadian PR is guaranteed to maintain the PR
status as long as the residency requirements are met.
Regards,
Alfaris
Originally posted by Webcrawler
> Komal --
>
> Komal Mehta wrote in message
> > 1. My current employer has applied for my Green Card (which will
> take at
> > least a couple of years to get through). When I get my
> Canadian PR
> > (or its stamp on my passport), how will it affect my current
> Green
> > Card process?
>
> The two processes are independent of each other, and one should not
> affect the other.
> However, if you need to go thru an interview in either [or both] of
> the processes (either with the US-INS for your GC or with the CHC for
> your PR), the interviewer is very likely to ask you about the other.
> So if the Canadian interviewer sees the GC stamp in your passport, it
> will be a natural question why you are applying for Canadian PR.
>
> Conversely, if the US-INS official sees the Canadian PR stamp, they
> will ask you why you want both.
>
> It is a natural question and you need to ask yourself the same
> question before they ask you: what is it that you really want?
> Do you want to live in the USA or Canada?
> Where do you want to live and work, and why?
> Decide that, and then proceed accordingly.
>
> If you want to live in the US, please don't clog up the CHC queques
> with your application - there are several genuine PR seekers waiting
> for months.
>
> > 2. I'm a consultant and may be required to be present in the US
> for
> > work, if I relocate to my existing employer's Canadian
> office/branch.
> > Is it possible for me to maintain my H-1B even after I get
> Canadian
> > PR or Canadian residents have different requirements for
> working in
> > the US even though they don't change the employer when they
> move from
> > the US to Canada?
>
> Canadian PRs won't need H-1B, I believe.
> Apart from that, once you are a Canadian PR, why do you still want to
> work in the USA.
> If you want to temporarily finish your contract, or wind-up your
> project, that's alright.
> But as a Canadian "permanent resident", why do you want to live and
> work in the USA?
> The Canadian Govt. is going to give you a PR with the good-faith
> belief that you will live in Canada and contribute to its economy and
> culture.
>
> You will also find it difficult to maintain both US GC and Canadian PR
> on a long-term basis because both have requirements of living in the
> country for a certain length of time.
>
> If you are merely looking for some "cheap insurance" to stay in North
> America, please don't.
> There are lots of genuine people waiting for their PRs and don't
> increase the already heavy workload of the Canadian officials with
> your frivolous application.
>
Thanks.
--
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