| Q. |
US green card and Canadian permanent residency
Hi,
I would like to ask you what your view points are for a "back up plan" of applying for Canadian PR and US green card simultaneously? I am in the I485 pending stage.
1. What would you think about this as some consider this in my similar situation? 2. Allowed to obtain two permanent residencies at a time? 3. Is there an US immigration law that prohibits me from doing this and risk if any? 4. Have you represented a client that did this?
As i still have 2 years on H1, around 2 years I485 waiting time, and around 2 year canadian PR processing time, I am considering this also.
Thank you. Please give me insights.
User's Location:
Dallas/Fort Worth, Texas, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
It is always good to have a back-up plan. Do you have a reason to believe your I-485 may be rejected (based on RFE or anything else)? If you do, I'd certainly suggest you to (1) seek alternatives for another U.S. green card application or (2) possibly apply for Canadian residency.
Having said this, I am not aware of any U.S. law or regulation which prohibits you from seeking U.S. and Canadian permanent residency at the same time. One problem that I see may arise if you are approved for both U.S. and Canadian permanent residency is meeting the residency requirements of each one. As you may know, U.S. permanent residency requires you to establish your intent to be a permanent residence, including being present in the U.S. for certain period of time each year. I am not familiar with Canadian requirements for preserving residency, but they may have an equivalent, so you may not be able to maintain both.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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