Question:
Can a Canadian PR who is living in Canada BUT working in USA apply for
employer-sponsored green card for USA? He not being a 'resident' of
USA will have any effect on his application?
Answer:
You can apply ... yes. But you will not be able to keep both.
Not being a US resident was "normal" for processing GC apps once upon a
time, and most of the processes are still set up to do it that way.
You can apply ... yes. But you will not be able to keep both.
Not being a US resident was "normal" for processing GC apps once upon a
time, and most of the processes are still set up to do it that way.
Is there any law between US and Canada regarding PR or GC that one can
be only PR of US or Canada.
Becase Canada new lays says that one can be out of Canada for 3 yerars
out of any 5 years toi keep Canbada PR valid
IF one has US Green Card if one needs to stay out of US for 2 years
then only one needs Reentry Permit from INS.
One can stay 2 yreas and one can devide these 2 years residence in
4-5 months each year in Canada to maintain Canada PR in any 5 years.
and one can visit US for few days each year or reside for 2-3 months in
each year and should pay the Tax each year before April. That way
he/she can keep the GC of US.
Or the law between both the USA and Canada does not allow it? becase I
have not read any law regarding this. Canada has its owen rule to
maintain PR and US has diffrent rules.
Use common sense. You obviously can not be the resident of two countries.
US law requires that your reside permanently in the US at all times. That's
why it is called "Permanent Residence".
If you claim you reside in Canada, you can obviously not reside in the US.
Note that this has nothing to do per se with physical presence in one country
or the other.
I don't know the Canadian laws, but I would assume that they have a similar
residence clause.
Canada is worse. They require you to actually take up residence and
show proof of it, else you will lose your PR status. I know people in
the USA who just come to the USA once every year and keep their green
cards. You can't do that in Canada.
Staying out of Canada for 3 years of 5 is indeed true, providing you
haven't abandoned your Canadian PR. Taking US PR after Canadian PR
would be telling Canada you have abandoned Canadian PR. Really quite
simple.
Again, that's for staying outside the US, it does NOT permit one to
exercise the right of PR in another country. When you do that, the US
*will* strip you of your US PR if you don't agree to abandon your other
PR status. They have absolutely done it in the past.
Canadian law changed on June 28. It is no longer necessary to show
proof of establishing residence. Now, the requirement is that you can
prove that you are resident for at least 2 years of the last 5.
Still, establishing PR in the US will be considered abandoning PR in
Canada.
Actually, it's not clear if that's still true under Canada's new
immigration law (which was enacted in November 2001 and took full
effect last June).
Under the old Canadian immigration law, abandonment of Canadian
residence was grounds for loss of PR status (and staying outside
Canada for an extended period was considered evidence of intent
to abandon one's Canadian residence).
The new Canadian law, on the other hand, talks only about failure
to be physically present in Canada for at least two years in any
five-year period. AFAIK, there isn't anything in the current law
about losing Canadian PR right away as a result of moving abroad.
(See sections 28 and 46 of the new Canadian immigration law.)
There was a recent posting in misc.immigration.canada from a
Canadian PR who tried to surrender his "record of landing" paper
to a Canadian immigration official (after having immigrated to
the US), but the Canadian official refused to take it and told
him that there was no way under the current law for him to give
up his PR status except by eventually failing to satisfy the
"2-out-of-5-year" residence requirement.
It happens all the time in the taxation world.
This is going to be one of those really touchy ones until somebody
realizes they dropped a real boner! This means that Canada really has
set itself up to be the back door to the US!
Being a resident for tax purposes is quite different that being a resident
according to immigration law.
And arguably common sense does not apply with respect to taxation.
All immigrant rejects from the U.S. know about this back door.
Canada needs to do something about it.
How about U.S. citizen rejects?
You are banished from here!
