Jump to content
Kai G. Llewellyn

Gaining Canadian Citizenship after becoming a US LPR - Success!

 Share

159 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
7 minutes ago, VIR CHAMP said:

That is what I am planning to. No rush, not going out of USA anytime soon after oath.

Even if you have to leave USA, you can do that using your home country passport.

 

You don’t really need the Canadian passport except to enter canada by air. Even then your home country passport and your green card should be enough as US LPRs are allowed to enter canada visa free just like Americans. Note - I haven’t tried this but I don’t see why it wouldn’t work.

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1053&top=16

 

 

When travelling by land, just your home country passport should do I believe since CBSA has records of your citizenship. Maybe they would ask for Canadian ID (if you still have one), and if all else fails, your green card should get you through.

Edited by From_CAN_2_US
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
16 minutes ago, From_CAN_2_US said:

@VIR CHAMP refer to following link. They will send your citizenship certificate to US, but like @Kai G. Llewellyn said, it would probably take a whole lot longer.

 

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1560&top=5

 

When the time comes, I intend to get it mailed to the US, as I am in no hurry to obtain a Canadian passport.

I must be overthinking, but I applied with Paper Application and not Online. The link talks about Online application.  Would that make difference on shipping certificate to US? 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
1 minute ago, VIR CHAMP said:

I must be overthinking, but I applied with Paper Application and not Online. The link talks about Online application.  Would that make difference on shipping certificate to US? 

Good catch! When they say online here, they probably mean those applying for citizenship certificate online (which is a separate application from citizenship grant application).

 

Logically, it shouldn’t matter that you applied on paper. But if you are worried you can call IRCC and confirm. You can also confirm during the oath.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
3 minutes ago, From_CAN_2_US said:

Even if you have to leave USA, you can do that using your home country passport.

 

You don’t really need the Canadian passport except to enter canada by air. Even then your home country passport and your green card should be enough as US LPRs are allowed to enter canada visa free just like Americans. Note - I haven’t tried this but I don’t see why it wouldn’t work.

 

When travelling by land, just your home country passport should do I believe since CBSA has records of your citizenship. Maybe they would ask for Canadian ID (if you still have one), and if all else fails, your green card should get you through.

Make sense. Well my home country has restrictions on the travel after gaining other country citizenship. I have grace period of 30 days, after that I have to pay penalty each time I cross the border. (may be at the time of surrender)  

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
38 minutes ago, VIR CHAMP said:


2.  Do we have to inform USCIS?

If yes, do we do at the border or we wait for certificate?

If yes, would that change anything with out Green card or any issue at the time of US citizenship application?

I don’t see any reason to inform USCIS unless you are renouncing your current citizenship.

 

I am not sure what exactly, if anything at all, needs to be done in that situation. I am an Indian citizen and I will be renouncing my Indian citizenship. Since my green card is linked to my Indian citizenship, I am guessing I have to inform USCIS that my citizenship status has changed. I don’t know exactly how this is to be done (perhaps just mention in my ROC application), but I intend to figure it out when the time by consulting immigration lawyer Jim Hacking when I get to that bridge…

 

As for effect on your US citizenship application. There will be none.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
8 minutes ago, VIR CHAMP said:

Make sense. Well my home country has restrictions on the travel after gaining other country citizenship. I have grace period of 30 days, after that I have to pay penalty each time I cross the border. (may be at the time of surrender)  

Sounds like a fellow Indian citizen.

 

The rule is you cannot travel on your Indian passport while a foreign passport is available to you. Since a Canadian passport is not available to you (due to delays in obtaining one), you are free to travel without penalty in the mean time.

 

Edit - I double checked. The grace period is 3 months, not 30 days.

 

It also says, “A grace period of three months is allowed from the date of acquisition of foreign citizenship, for the purpose of travel on an Indian Passport. Therefore, no penalty will be leviable for travel on an Indian passport within three months of acquisition of a foreign passport.”


The wording is very unclear (as everything from the Indian Govt). 

It says grace period of 3 months from date of acquiring foreign citizenship, also says 3 months from obtaining foreign passport. But it is impossible for these two dates to be the same. So which one is it


Regardless you are safe to travel on your Indian passport for at least 3 months of acquiring Canadian citizenship (at the most 3 months after acquiring Canadian passport).

Edited by From_CAN_2_US
Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
1 minute ago, From_CAN_2_US said:

Sounds like a fellow Indian citizen.

 

The rule is you cannot travel on your Indian passport while a foreign passport is available to you. Since a Canadian passport is not available to you (due to delays in obtaining one), you are free to travel without penalty in the mean time.

Thanks for clarifying.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
On 7/14/2022 at 1:16 AM, From_CAN_2_US said:

@Maverick_TO 

 

Agreed with @Kai G. Llewellyn, but just adding - 

 

I don’t maintain a Canadian address anymore and when I let IRCC know I am moving to the US, I gave them my US address for any communication they may want to send. IRCC is able to send communication to both Canadian or US addresses, so they are ok with you not maintaining a Canadian address. I confirmed this by calling IRCC. 

Did you also ask them specifically about Citizenship certificate to be send in USA? 
Did they confirm it?

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
40 minutes ago, VIR CHAMP said:

Did you also ask them specifically about Citizenship certificate to be send in USA? 
Did they confirm it?

I am not yet to receive oath invitation.

Link to comment
Share on other sites

1 hour ago, ConsistentCut said:

So my wife has been a permanent resident for 18 months but prior to that she was basically living here on Visitor Records and extensions since October of 2016. Does she qualify to become a citizen now or do you need to live here for 3 years AS a permanent resident?

The rule is that you need 1095 days as a permanent resident of Canada to be eligible for citizenship. HOWEVER, each day as a temporary resident (incl. visitor status) will count as half a day towards the requirement up to a total of 365 days.

 

To get the maximum temporary resident credit, you'd need 730 days, which would count towards 365 days for the citizenship requirement. You would then need 730 days as a permanent resident to then meet the requirement

 

Given she lived in Canada as temporary resident for 18 months, say 545 days, then the credit she would get towards citizenship would be 272.5 days. She would then require 822.5 days physically in Canada as a permanent resident to then be eligible for citizenship.

 

Please note they count days -physically- in Canada, not days simply holding the status. So a permanent resident who spends 7 total days outside of Canada would need to stay an extra 7 days in Canada to meet the requirement. Any part of a day physically in Canada counts as a full day. They only count the 5 years immediately prior to signing the application. Finally, I also strongly advise applying with extra days in case you make an error in the calculation.

 

I strongly suggest using the Physical Presence Calculator, not only is it required for the application itself, but it is useful for determining eligibility. https://eservices.cic.gc.ca/rescalc/resCalcStartNew.do

Edited by Kai G. Llewellyn

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

Link to comment
Share on other sites

  • 1 month later...

Hi @From_CAN_2_US, and @VIR CHAMP, seems like we are all in the same boat?! (I.e., Indian Citizen, Canadian PR/awaiting Canadian Citizenship Oath, Immigrating to the USA).

 

I thought I'd share my plans here so that we all can help each other:

1. I will be travelling to the USA this week on my US Immigrant Visa (with Canadian PR card in-hand)

2. I will notify IRCC of my US Immigration immediately after, as per @Kai G. Llewellyn's advice

3. I will await my Canadian Oath Ceremony invite (I feel/hope it is imminent as per current trends), and travel back to Canada to take it.

4. The plan is to request expediting of my Citizenship Certificate, then do the same at Service Canada for my Canadian Passport (I know, a LOT has to fall in place)

5. Travel back to the US on my US Passport with my *already-Stamped* US Immigrant Visa (this is in case my US Green Card has not already been received)

6. Notify USCIS of my Citizenship change from Indian to Canadian

 

Please let me know if you guys think my approach is reasonable?

 

Thanks!

Link to comment
Share on other sites

20 hours ago, jpfashizzle said:

Hi @From_CAN_2_US, and @VIR CHAMP, seems like we are all in the same boat?! (I.e., Indian Citizen, Canadian PR/awaiting Canadian Citizenship Oath, Immigrating to the USA).

 

I thought I'd share my plans here so that we all can help each other:

1. I will be travelling to the USA this week on my US Immigrant Visa (with Canadian PR card in-hand)

2. I will notify IRCC of my US Immigration immediately after, as per @Kai G. Llewellyn's advice

3. I will await my Canadian Oath Ceremony invite (I feel/hope it is imminent as per current trends), and travel back to Canada to take it.

4. The plan is to request expediting of my Citizenship Certificate, then do the same at Service Canada for my Canadian Passport (I know, a LOT has to fall in place)

5. Travel back to the US on my US Passport with my *already-Stamped* US Immigrant Visa (this is in case my US Green Card has not already been received)

6. Notify USCIS of my Citizenship change from Indian to Canadian

 

Please let me know if you guys think my approach is reasonable?

 

Thanks!

 

Plan looks good to me. If your citz cert is not expedited it'll take 2.5 weeks to show up after the ceremony.

 

This didn't impact me as I'm a UK citizen which allows multiple nationality. I know that isn't the case for Indian citizens, though I also understand there is a grace period where you can travel on an Indian passport for an indeterminate length. So I don't know if that impacts traveling on an endorsed IV if the passport is invalidated. I'm suspecting that it doesn't for three reasons:

1. You're an LPR, and those who have a colorable claim to LPR status at the land border -will- be granted entry as returning residents or applicants for admission regardless of documentation they posses. Although CBP would give them a little bit of grief.

2. The endorsed IV on its own is in-effect a green card, noted by the statement 'Serves as form I-551 evidencing permanent residence for 1 year'.

3. LPRs are not required, but encouraged, to have a valid passport when entering the US. They are only 'required' to have a valid proof of status such as a a valid GC, endorsed IV, re-entry permit or ADIT stamp.

4. It is common practice for visas to be used in expired passports.

 

I'm presuming land border travel here. Traveling by air is subject to stricter requirements, but I think an endorsed IV alone that's less than 12 months old, regardless of passport validity/voiding is enough to be boarded.

 

When re-entering Canada. Getting back in without a Canadian passport as a citizen is pretty easy. Present whatever travel documentation you have, or none, and claim Canadian citizenship. I usually present my Green Card and NEXUS card and I get in without issue at all. I've STILL yet to get around to getting a Canadian passport (been a citizen for 3 months now lol), and I'm in no hurry to do so while the Passport Office is a mess. I cross 1/2 times a week and have had zero issues from CBSA. If you're traveling by air to Canada, you do not require an eTA or a Canadian passport. IRCC recently changed the rules where an endorsed IV/green card alone is sufficient to be boarded onto a Canada-bound flight.

Edited by Kai G. Llewellyn

Became Canadian PR: 11/11/2017

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

Applied for Canadian Citizenship: 06/24/2021

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

Became Canadian Citizen: 06/21/2022

Submitted I-751: 06/08/2023

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

Link to comment
Share on other sites

4 hours ago, Kai G. Llewellyn said:

 

Plan looks good to me. If your citz cert is not expedited it'll take 2.5 weeks to show up after the ceremony.

 

This didn't impact me as I'm a UK citizen which allows multiple nationality. I know that isn't the case for Indian citizens, though I also understand there is a grace period where you can travel on an Indian passport for an indeterminate length. So I don't know if that impacts traveling on an endorsed IV if the passport is invalidated. I'm suspecting that it doesn't for three reasons:

1. You're an LPR, and those who have a colorable claim to LPR status at the land border -will- be granted entry as returning residents or applicants for admission regardless of documentation they posses. Although CBP would give them a little bit of grief.

2. The endorsed IV on its own is in-effect a green card, noted by the statement 'Serves as form I-551 evidencing permanent residence for 1 year'.

3. LPRs are not required, but encouraged, to have a valid passport when entering the US. They are only 'required' to have a valid proof of status such as a a valid GC, endorsed IV, re-entry permit or ADIT stamp.

4. It is common practice for visas to be used in expired passports.

 

I'm presuming land border travel here. Traveling by air is subject to stricter requirements, but I think an endorsed IV alone that's less than 12 months old, regardless of passport validity/voiding is enough to be boarded.

 

When re-entering Canada. Getting back in without a Canadian passport as a citizen is pretty easy. Present whatever travel documentation you have, or none, and claim Canadian citizenship. I usually present my Green Card and NEXUS card and I get in without issue at all. I've STILL yet to get around to getting a Canadian passport (been a citizen for 3 months now lol), and I'm in no hurry to do so while the Passport Office is a mess. I cross 1/2 times a week and have had zero issues from CBSA. If you're traveling by air to Canada, you do not require an eTA or a Canadian passport. IRCC recently changed the rules where an endorsed IV/green card alone is sufficient to be boarded onto a Canada-bound flight.

Thanks @Kai G. Llewellyn !!!

 

This information is really helpful - I feel like I am leaning more towards flying to Buffalo and crossing the land border into Canada for my Canadian Oath Ceremony (when it is scheduled) based on your points.

Link to comment
Share on other sites

  • 2 weeks later...
On 9/27/2022 at 1:58 PM, jpfashizzle said:

Hi @From_CAN_2_US, and @VIR CHAMP, seems like we are all in the same boat?! (I.e., Indian Citizen, Canadian PR/awaiting Canadian Citizenship Oath, Immigrating to the USA).

 

I thought I'd share my plans here so that we all can help each other:

1. I will be travelling to the USA this week on my US Immigrant Visa (with Canadian PR card in-hand)

2. I will notify IRCC of my US Immigration immediately after, as per @Kai G. Llewellyn's advice

3. I will await my Canadian Oath Ceremony invite (I feel/hope it is imminent as per current trends), and travel back to Canada to take it.

4. The plan is to request expediting of my Citizenship Certificate, then do the same at Service Canada for my Canadian Passport (I know, a LOT has to fall in place)

5. Travel back to the US on my US Passport with my *already-Stamped* US Immigrant Visa (this is in case my US Green Card has not already been received)

6. Notify USCIS of my Citizenship change from Indian to Canadian

 

Please let me know if you guys think my approach is reasonable?

 

Thanks!

CORRECTION:

5. Travel back to the US on my *INDIAN* Passport with my *already-Stamped* US Immigrant Visa (this is in case my US Green Card has not already been received)

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...