Best Immigration Lawyers
Q.I am now a PR of canada but still living and working in CA, USA... I am having tough time in making decision about leaving USA and settling in Canada. In USA, I am still on H1B but Green card has reached I-485 stage... If there are someone with similar experiences, I would like to share views with each other.
A.By accepting GC you are automatically abonding your PR. Now thats the law. The CIC does not allow you to go get another counties residency while you are a resident of canada because simply speaking you cannot be resident of two countries simaltaneously. However, The above USED to be the law in Canada, but not since 2002. Current Canadian immigration law -- the Immigration and Refugee Protection Act (2001), which came into force on 28 June 2002 -- requires a permanent resident to spend at least two years in Canada out of every five-year period. This objective standard replaced the old rules that required a PR to maintain a continual primary residence in Canada (and which allowed/expected Canadian immigration officials to make a subjective judgment as to whether someone had in fact abandoned his Canadian residence). A Canadian PR who becomes a US PR will, to be sure, EVENTUALLY lose his status in Canada -- not immediately, but only after he has been outside Canada for a total of more than three years within a continuous period of five years (as set out in section 28 of the Immigration and Refugee Protection Act). To the best of my knowledge, there is no established way under current Canadian law for a permanent resident to renounce his status, other than to remain outside Canada long enough. So a Canadian PR who gets a US "green card" will, in most cases, be technically a permanent resident of both countries, at least for a while.
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