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Immigration Issues/Effect of Canadian landing


Followup To
Question -

I recently got my passport stamped with my I-551 US green card. I was also approved a while ago for Canadian Permanent Resident Visa - however, i never landed in Canada.

I was thinking of landing in Canada for a few days to preserve the Canadian Permanent Resident Visaas a backup. I doNOT intend to move to Canada, get a job there etc.

1) Do you think I would have problems going to Canada or more importantly, coming back to the US?

2) On your way back to the US, will INS ask about my status in Canada? What is the best way to handle such a question?

3) Before getting the US Green Card, I have been working for over 6 years on an H-1B in the US - paying taxes as a resident, renting an apartment etc - and I intend to keep working in the US

can the INS technically revoke your green card based on landing in Canada? I don't intend to live  or work or frequently visit Canada.

I would greatly appreciate any advice you could give me. I am a little confused about what to do right now. As I mentioned, I only intend to make this one trip to Canada to preserve the Canadian PR (Canada's rules are very liberal).

Thanks in advance for your help.
Answer -
I can only answer questions relating to US immigration law.  I cannot say what is required for maintaining your status in Canada.  To maintain your status in the US, you must reside here.  Any trip outside the US for more than 180 days is a problem.  


My question was NOT about Canadian immigration. The questions was if landing in Canada to accept a permanent residence visa would affect my green card e.g. would I have problems travelling back to the US and Canada.

I am not asking your opinion on Canadian matters but US matters.

Thank you

Yes, I understand that.  However, I am NOT aware of what intent must be demonstrated and what the requirements are for Canadian immigration.  It is impossible to intend to permanently reside in two places and if Canadian immigration requires that intent, obtaining permanent residence in Canada would be an expression of your intent to no longer reside in the US and therefore could be deemed to automatically terminate your permanent residence in the US.

Consistent trips of more than 6 months outside the US may also be seen as an expression of your true intent to reside elsewhere.  Since it is impossible to know the true intent of another person, USCIS uses a person's actions as indicative of intent.

Depending on the requirements of Canadian law, obtaining permanent residence in the US may be a clear indication that you do not have the intent to remain a permanent resident in the US.

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James D. Mills, Esq.


I can answer questions regarding business and family immigration, deportation, removal, exclusion, the immigration consequences of crimes and structuring criminal cases to eliminate or mininize immigration consequences.


I have been a licensed immigration attorney and a member of the American Immigration Lawyer's association for more than five years.

American Immigration Lawyer's Association.

Juris Doctorate, Rutgers School of Law- Camden, 1997

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