Will my Canadian GC be in danger? Help! |
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Rolang
New Member Joined: 19 Jul 2012 Status: Offline Points: 3 |
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Posted: 19 Jul 2012 at 2:17am |
Hi, everyone, |
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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1. It is true that you cannot maintain both @ same time. You will have to choose one over the other. They deal with thousands of people with same situation, they know people very well.
2. I don't think they can enter anything into your Canadian file with the CBSA. So its safe for now. Eventually you need to know that you must meet the residency requirements for Canada. CBSA/CIC is getting strict and starting to enforce breach of residency and removals for PRs who have no intentions to reside or settle in Canada. Simply getting a PR Card does not entitle to Canadian status forever, unless citizenship is obtained. Both CIC/CBSA (Canada) and the US CBP/DHS know when you enter each country, so information is indeed shared. Keep that in mind when you pick which country to live in forever. Misrepresentation will cause big problem in any of the 2 countries. |
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Rolang
New Member Joined: 19 Jul 2012 Status: Offline Points: 3 |
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Do you mean that this time I should be fine? Could you please clarify on this matter? thank you very much!
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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You probably have a bigger problem looming with the U.S. side of things; probably a flag in your U.S. file.
But, you do need to make some decisions. Make decisions based on what the consequences will be, and then live with those decisions, and that means giving honest answers to questions regarding them. Not a good idea to fashion one's answers based on what you hope the consequences will be for those answers. Better to simply tell the truth and live with the consequences of telling the truth. Or you could screw up both sides of things. Intent to live in Canada is not required of a Canadian PR, and not required to "land" as a PR. You just need to comply with the PR residency obligation to keep your Canadian PR status. Doing so, though, may preclude complying with the U.S. residency requirements for GC holders (I am not sure; I do know that one cannot maintain their GC, honestly, and meet the Canadian citizenship residency requirement). The information sharing agreement between the U.S. and Canada is going to make it very, very difficult to play games in this regard going forward. |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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Rolang
New Member Joined: 19 Jul 2012 Status: Offline Points: 3 |
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Could you please tell me if CBP will notify CBSA of my answers especially my answers on US GC over Canadian PR to endanger my Canadian PR? Is that possible?
You mentioned that Intent to live in Canada is not required of a Canadian PR, and not required to "land" as a PR. Does that mean even though they forward my answer to CBSA, it is still not a big problem. Is that right? Thank you very much!
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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I hope that sometime over the weekend I can address this in a little more detail. Bottom-line, though, I do not know. There is a big difference between what information an officer has at the officer's fingertips, just by entering a query into the computer, and what can be shared on a case-by-case basis. This information is probably not directly shared. It could be though. And, I do not really know, not by a long shot, what the parameters are, what the odds are.
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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In addition, it is constantly changing. The amount of information sharing between the US CBP and Canadian CBSA is in continuous flux, with ever increasing levels of integration and data sharing. So even an answer that is true today might not be true next week or next year.
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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MajidS
Average Member Joined: 27 Jan 2010 Status: Offline Points: 228 |
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My two cents:
I realize it is very tempting to hold on to as many cards as possible. I personally would try to get as many GCs as possible if I could. However, this may be a situation where greed or too much ambition may come back to bite you.
When you applied for the Canadian Permanent Residency, you were asked in which city you would like to settle because the legal understanding is you have full intention of residing in Canada. The Canadian Immigration office can make a valid argument that you misled them and charge you with "mis respresentation" in future if they realize you played both sides. Someone that is actively pursuing the American GC while he has been given the Canadian PR is in reality making a case against his "true intention" of settling in Canada. The consequences of mis-representation, of course, is a possible revocation of PR status. You may just find yourself in the future with not two but possibly not even one of the statuses in either country.
Again, just my two cents. Edited by MajidS - 22 Jul 2012 at 2:30pm |
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