Losing medical after getting green card?

[sbm7 0]

Hi all,

My parents are planning to get a green card but they will not be staying in US for whole year for the first couple years. I know they might run into POE questions about their intention. However, I am more concern about if they would lose their medical in Nova Scotia till they fully migrate to US?

Thanks,

B

[aaron2020 11,651]

"Fully migrate?"

Your parents can't have it both ways.

They are either US LPRs or Candian residents. They cannot be legal residents of both the US and Canada.

There can only be one permanent resident.

If they don't want to lose their Canadian benefits, then dimly become US LPRs.

Why not do it the legal way? Visit the US as Canadians. Get green cards when they are ready to move to the US.

[Al422 221]

An overseas medical is only good for one year. After that they will need a new one. But like the last poster said, why not do it the right way?

How long will they be staying here this year? Maybe they won't even need a visa if the stay is short enough. Then they can get the real visa when they are really ready to live here.

[aaron2020 11,651]

An overseas medical is only good for one year. After that they will need a new one. But like the last poster said, why not do it the right way?

How long will they be staying here this year? Maybe they won't even need a visa if the stay is short enough. Then they can get the real visa when they are really ready to live here.

OP is talking about Canadian medical coverage.

This is not about the medical exam for the immigration visa. The exam becomes irrelevant after the parents get their green cards.

[aaron2020 11,651]

OP,

Do your parents understand that as US LPRs, they will need to buy US health insurance to meet requirements of the ACA?

Also, as US LPRs, they are require to report the worldwide income to the US? Even if they earn zero in the US, they would need to report their Canadian income?

Let see how that goes with US immigration when it will look like your parents are abusing their US LPR status.

[Pinkrlion 2,611]

They will lose their LPR status, they should just wait

[Flames9_RN 358]

OP,

Do your parents understand that as US LPRs, they will need to buy US health insurance to meet requirements of the ACA?

Also, as US LPRs, they are require to report the worldwide income to the US? Even if they earn zero in the US, they would need to report their Canadian income?

Let see how that goes with US immigration when it will look like your parents are abusing their US LPR status.

Canada and the USA have a tax treaty..one won't get double taxed........Once they are a resident of the USA--in receipt of their Greencard---they can't be a resident of Canada--thus no more Cdn Health care.....There is a form they can fill out for extended visits out of the USA--so they don't lose their greencard (resident status)

Edited April 26, 2014 by Flames9_RN

[sbm7 0]

I am just curious, so when people declare residency, it's on tax forms, right? How come they can declare resident to both US and Canada? I am reading up something like

http://www.serbinski.com/taxation-in-usa/determining-residence.shtml

© Residents of Both Canada and the U.S.

Many individuals may find themselves residents of both Canada and the U.S. as a result of the application of the above rules. Under dual residence circumstances, double taxation can be eliminated if filings are made on a timely and accurate basis. Contact us to find out how.

[aaron2020 11,651]

Google "maintaining legal permanent residency."

For tax purposes, a person can have multiple tax residents.

For the purpose of keeping a green card, a person must be a resident of the US.

[Lemonslice 4,583]

You can be a resident for taxation purpose and not be a resident for immigration (or provincial health care coverage) purpose - IRS has a special way to calculate your presence. Other possibilities depending on your employer and such. I am a resident of the United States and my Canadian income is still taxable in Canada because of the tax treaty; a lot of factors make each situation different.

[NikLR 13,220]

When they become US permanent residents they lose the right to have health care in any Canadian province because they are no longer a resident of Canada. They would still be Canadian citizens, just not Canadian residents.

[sbm7 0]

Thanks. So how do US know if they are still resident of Canada? Or vice verse?

[Flames9_RN 358]

Thats 1 issue they have......Many Cdns that are not entitled to Cdn Health care....come back to canada and continue to use the services....I know a few yrs back BC gov't said they were going to start cracking down on that (it was on CBC) as it was costing them millions and millions of $$$$$ each yr.....And I believe the 2 countries are starting to share more data when it comes to border crossings, so easier to track it......so maybe at the time one would not pay for it.....then the Bill arrives in the mail. Plus I believe during ones taxes, they would have to be filled out a certain method.....otherwise you would be getting double taxed......But honestly, not something I have looked into.

[sbm7 0]

Flames9_RN, you mean the bill from canadian medical?

My situation is my parents retiring in canada. (they only have old age and a little cpp). They are planning to move to US since Im the only child. My aunt is in nursing home and they alao want to take care my aunt in canada here there. I called USCIS, talked to a representative and he suggested I should submit I130 anyway since my parents only need to come in US once a yr to maintain green card. So I did.

Their plan is to stay in US 6 months exact and Canada 6 months exact. (3 months per stay). Of course maybe I shouldnt trust representative but now the process already started, I just want to see what options we have. My dad on medication that they have to stay in canadian medical.

Worst come to worst I will withdraw my application. I dont want to cheat the system but just want to see if its ok if they do 6 months each country out of a yr is possible so they can help us out with kids and take care my aunt as well.

Thanks everybody for reading and helping.

[aaron2020 11,651]

Thanks. So how do US know if they are still resident of Canada? Or vice verse?

How will the Canadian government knows that US LPRs are illegally using Canadian health benefits?

How will the US government know about US LPRs living outside the US thus violating the terms of the green card?

Your parents may get away with it.

Then again, they can get smacked with defrauding the Canadian health system, be fined, reimbursments for their health care, loss of their green cards, ban from the US, etc.

WHY DO THIS??????

If it'd important for them to have Canadian health care, why do they want to be US LPRswhen it will end their qualification for CA health care? Especially in light of hr fact that they are not ready to "fully migrate" and Canadians can freely visit the US visafree for up to 6 months?

What does it matter how the governments would find out. Why are you more concern with getting away with this plan and how the governments will find out rather then base a decision on the consequences?

Edited April 27, 2014 by aaron2020