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Immigration Issues/US GC application and Canada PR

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Question
Hi Ajay,

I have one query regarding Gree Card application.

We (both I and my husband) have Canadian residency. But we filed our 2011 Canadian tax return as non residents recently as we moved to USA in August 2011. My husband is planning to apply for his GC in USA.

I came to know that one person can't have residency for both US and Canada at the same time. Will my husband's GC application have any conflict, while he is holidng Canadian Permanent residency? If yes, at what stage / process he will find difficulty?

What should we do to avoid any issues in GC process?

For your info, we don't have any intention to move back to Canada or renew our Canada PR.

I would like to understand if we have to surrender our Canada PR. If yes, at what stage of GC application, we should do that?

Regards,

Pooja

Answer
Filing as a non-resident creates doubt about current resident status; i.e., USCIS may doubt whether one has or has not abandoned residency/resident status of the country for which non-resident taxes have been filed.  

Usually, it affects at the time of applying for naturalization - but interviewing officer at GC stage may give you hardship.  I would suggest you [talk with your accountant and] amend the taxes and/or just collect proof that you hold US resident status and not Canadian.

Please note, your question is case specific for it to be answered meaningfully on a forum. I recommend hiring an immigration attorney on a retainer basis to provide on-going support as undoubtedly it will be needed since you are delving into a murky area of the law.   

You may also send details to us via postal mail or email and we will be in a better position to help you.  

Best wishes,


Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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