Gaining Canadian Citizenship after becoming a US LPR - Success!

[VIR CHAMP 25]

On 12/23/2022 at 4:05 PM, Maverick_TO said:

Hi @VIR CHAMP

 

A couple of questions -

(i) Did you get your citizenship certificate mailed out to you in the US? If yes, how long did it take and was it delivered using an overnight/express delivery? Alternatively, did you choose to receive it at an address within Canada?

(ii) Did you apply for your Canadian passport from within the US,  or did you apply from Canada? If you applied from within the US, how long did it take to get your passport?

 

Hope your OCI process is coming along well!

 

Happy Holidays!

NK

 

I asked for urgent delivery of my certificate so I received it when I was in Canada.

I applied for passport from US and received it in US within a month.

I had some hurdles (form filling issue) with renouncing my Indian citizenship but it’s renounced now and got the surrendered passport back from CGI

[jpfashizzle 9]

2 hours ago, VIR CHAMP said:

Hello, How was your experience with in and out to Canada? 
was there any concern at the border while entering US using new Canadian passport and green card?

Hi, I have so far just entered Canada with my Indian Passport/American GC - no issues whatsoever.

I will update when I return back to the USA with my new Canadian Passport/American GC. 

[jpfashizzle 9]

2 hours ago, VIR CHAMP said:

I asked for urgent delivery of my certificate so I received it when I was in Canada.

I applied for passport from US and received it in US within a month.

I had some hurdles (form filling issue) with renouncing my Indian citizenship but it’s renounced now and got the surrendered passport back from CGI

Can you provide some clarity on Renouncing Indian Citizenship and then applying for OCI from the United States please? (i.e. with a Canadian Passport/American GC)

 

Thanks!

[Maverick_TO 2]

8 hours ago, jpfashizzle said:

Hi, I have so far just entered Canada with my Indian Passport/American GC - no issues whatsoever.

I will update when I return back to the USA with my new Canadian Passport/American GC. 

Did you enter Canada using the land border, or did you fly in? Were there any uncomfortable questions that the border officials raised considering that you Indian passport was probably linked to your (now voided) PR card

[jpfashizzle 9]

17 hours ago, Maverick_TO said:

Did you enter Canada using the land border, or did you fly in? Were there any uncomfortable questions that the border officials raised considering that you Indian passport was probably linked to your (now voided) PR card

I flew in. No uncomfortable questions at all - How long are you here for? What are you here for? OK, welcome...

[Maverick_TO 2]

1 hour ago, jpfashizzle said:

I flew in. No uncomfortable questions at all - How long are you here for? What are you here for? OK, welcome...

Were the border officials fine with you telling them that you were there to pick up your passport (as a returning Canadian, but without a travel document)? In the event that you didn't list that as the reason behind your trip - would it pose a problem if you exit using your Canadian passport instead?

 

PS: I completed my oath ceremony a week back and intend to enter the country to apply for my passport in-person.

 

Many thanks for your responses!

NK

Edited February 11, 2023 by Maverick_TO

[jpfashizzle 9]

16 minutes ago, Maverick_TO said:

Were the border officials fine with you telling them that you were there to pick up your passport (as a returning Canadian, but without a travel document)? In the event that you didn't list that as the reason behind your trip - would it pose a problem if you exit using your Canadian passport instead?

 

PS: I completed my oath ceremony a week back and intend to enter the country to apply for my passport in-person.

 

Many thanks for your responses!

NK

I never mentioned anything about picking up my passport because they didn't ask me. If they did, I would have told them.

 

I am not sure if it'll pose a problem because the US agents may be confused about the new Canadian passport, but I intend to explain my situation - Let's see.

 

Again, I highly encourage you to simply answer what is asked and that's it. If they ask more, answer more and answer truthfully.

[Kai G. Llewellyn 823]

22 hours ago, Maverick_TO said:

Were the border officials fine with you telling them that you were there to pick up your passport (as a returning Canadian, but without a travel document)? In the event that you didn't list that as the reason behind your trip - would it pose a problem if you exit using your Canadian passport instead?

 

PS: I completed my oath ceremony a week back and intend to enter the country to apply for my passport in-person.

 

Many thanks for your responses!

NK

I've re-entered Canada as a citizen with my LPR card alone. If they asked my citizenship, I said I was a Canadian. They let me in. I additionally advised them I was entering specifically to apply for a Canadian passport.

 

Generally if you have a LPR card you can be boarded onto a flight to Canada without additional documentation. Once you're in front of a border officer, you claim Canadian citizenship and they have to let you in. Having the citizenship certificate helps, but is not required.

 

You are not required to exit the country with the same document you entered on.

Edited February 12, 2023 by Kai G. Llewellyn

[VIR CHAMP 25]

On 2/10/2023 at 2:12 PM, jpfashizzle said:

Can you provide some clarity on Renouncing Indian Citizenship and then applying for OCI from the United States please? (i.e. with a Canadian Passport/American GC)

 

Thanks!

So far I am at Renouncing. This video on youtube is very helpful. 
pro tip: (why my application was rejected initially) - Make sure the embassy on the application/gov. form is New York and not Toronto.

 

 

 

 

[ACC24 40]

On 6/23/2022 at 12:12 PM, Kai G. Llewellyn said:

- To ensure that I can get my Canadian Citizenship AND my US Greencard, what are the ideal timelines for everything to happen/fall in place?

You can apply for Canadian citizenship at any time, so long as you meet the requirements of Canadian citizenship. You must maintain your Canadian PR while going through the process, including spending sufficient amount of time in Canada. I'd say my timeline is ideal, as I had gotten the ball rolling before I became a LPR.

 

- Do I need to declare to Canada that I am applying for US PR?

You don't need to declare that you are applying for US LPR status. BUT you do need to tell them immediately once you have become a LPR of the US. The reason being is that your application asks for immigration status you have held in other countries, and you need to update them of any changes to your application since submission. Failure to do so could cause a refusal in your application.

 

- Should I wait to travel to the US until after my Canadian Oath Ceremony?

You can leave immediately once you've done your Oath. But if you need to fly back to Canada, you will not be able to. You can freely enter the country over the land border with anything, or nothing at all as you'd be a citizen.

 

- Do they really ask you to "cut" your Canadian PR card at your Canadian Oath Ceremony?

Yep. Kinda felt sad in doing so!

 

-Once I enter the US on an immigrant visa/stamp, I don't think I will be able to return to Canada until I get my US PR card (~100 days after landing in the US); I have a permanent residence with my Fiancé in Canada - Do you think it will be OK?

Yes, your Immigrant Visa acts as a de facto green card for 1 year once it is endorsed with a CBP entry stamp, which you get on your initial admission as an immigrant.

 

- Did you apply for Expedited Processing of your Canadian Passport after your Canadian Oath Ceremony? Is this an option for me if I have my Canadian Oath ceremony after my US Immigration interview (which I hope will be the case)?

I plan to get an expedited passport, but I neglected to ask for an expedited arrival of a citizenship certificate, so I'm rocking without any documentation of my Canadian citizenship right now. Should be fun. xD

Hello @Kai G. Llewellyn and others who have gone through similar process,

 

I would like to share our hypothetical situation and need your suggestions to stay sane through the whole process :

 

-Currently Indian citizens with Canadian PR.

-Applied for Canadian Citizenship - reached Oath ceremony status, but had to reschedule since we are cutting too close to interview date at Montreal in March 2023. We plan to resume it right after we cross the border and activate IV once unless  approved unless there is a better suggestion/experience from anyone here.

-Based on the posts on VJ and other research, if we get approved of our IV( EB category), we will have time to move to US between April - Sep/Oct 2023( considering they will give 6 months validity to cross the border and activate the Immigrant Visa.

- We (at least one parent at a time) have obligations to be here until Jun 2024 ( our son will graduate his high school by then and do not want him to move to US in his Sr high school year).

 

What might be the best course of action to shuttle between US and Canada once we are approved without having to deal with CBP constantly about our Canadian PR and US LPR status? Do both of us( husband & wife) need to cross the border together to activate the IV? Can one parent stay with our son for more than 6 months in Canada until he finishes his school? How do we convince the CBP officers about the situation and not jeopardize US LPR in anyway?

 

Any suggestions are highly appreciated to plan ahead! Thanks much.

[Kai G. Llewellyn 823]

4 hours ago, ACC24 said:

Hello @Kai G. Llewellyn and others who have gone through similar process,

 

I would like to share our hypothetical situation and need your suggestions to stay sane through the whole process :

 

-Currently Indian citizens with Canadian PR.

-Applied for Canadian Citizenship - reached Oath ceremony status, but had to reschedule since we are cutting too close to interview date at Montreal in March 2023. We plan to resume it right after we cross the border and activate IV once unless  approved unless there is a better suggestion/experience from anyone here.

-Based on the posts on VJ and other research, if we get approved of our IV( EB category), we will have time to move to US between April - Sep/Oct 2023( considering they will give 6 months validity to cross the border and activate the Immigrant Visa.

- We (at least one parent at a time) have obligations to be here until Jun 2024 ( our son will graduate his high school by then and do not want him to move to US in his Sr high school year).

 

What might be the best course of action to shuttle between US and Canada once we are approved without having to deal with CBP constantly about our Canadian PR and US LPR status? Do both of us( husband & wife) need to cross the border together to activate the IV? Can one parent stay with our son for more than 6 months in Canada until he finishes his school? How do we convince the CBP officers about the situation and not jeopardize US LPR in anyway?

 

Any suggestions are highly appreciated to plan ahead! Thanks much.

My apologies, as I was never an Indian citizen, my experience regarding how the Indian authorities treat passport validity in respect to gaining a new citizenship is quite limited.

 

I think it's prudent to delay the ceremony until you've obtained your IV and entered the US. That being said, I think you could've gotten away with getting the citizenship, requesting urgent dispatch of your citizenship certificate and then urgently applying for a Canadian passport based on your visa interview (that would be sufficient to request higher priority services). But like you said, it'd be close and added stress. So I totally understand on that front.

 

It's six months from the medical, not the interview, just as a FYI.

 

Given what you said, it might've been wise on the other hand to delay your visa interview if needed in Montreal if you have obligations in Canada for the next 18 months, as you'd have the Canadian citizenship in hand and you wouldn't have to fuss with dealing with double-PR status, and the complexities regarding Indian passport validity. You could've interviewed in Montreal 6 months from now, gotten a visa valid for a further six months and have it bound to your Canadian passport, ready for when you make the final move.

 

Anyways, given you've already rescheduled, if you happen to become Canadian citizens after your interview but before you cross and your Indian passport is invalidated, US Visa policy, at least in respect to nonimmigrant visas, the visa in the old passport remains valid and can be presented with the new passport. I don't know if that applies to immigrant visas, and also a change of nationality. Honestly, you probably don't want to be the experimental case here. The IV might need to be reissued.

 

On your final point, maintaining both Canadian and US PR isn't too prohibitive given that Canada is extremely generous regarding the residency obligation. The US doesn't care about your Canadian PR, all they're interested in is that you make the US your primary home or that you have fixed intentions to come back to the US on each trip to Canada. I was a PR of both countries for 10 months, and I even had both PR statuses in my Nexus account, so it was no biggie. But ultimately, I did spend 80% of my time physically in the US during that time, so I was never on CBP's radar.

 

I would advise to keep your trips to Canada on the brief side, but if you must make extended trips, one six month period would probably be okay, but I would try and reduce on further travel. Probably a period of more than six months would be okay too. All I do know is charging LPR's with abandonment is lowest of the low priority because of the convoluted process it starts and the few actual removals that occur from it. Like seriously, I don't think I've ever seen an LPR ultimately deported from the US on VJ for abandoning their status in the several years I've been here. It's really quite rare.

 

But in all honesty, I can't make any guarantees with this because there's no hard and fast rule here. The advice is that you shouldn't really use your immigrant visa until you're actually ready to immigrate properly. Of course...the availability of IV interviews makes that easier said than done.

 

Regarding over who should cross first, who was the primary beneficiary? Whomever that is, needs to cross first. I don't think dependents on EB based cases can enter first, though if I'm wrong, someone please correct me.

 

Sorry, this post is an absolute mess, I'm quite tired. xD Given that your case was an EB based case and for some reason my brain was reading that as family-preference, my advice is a bit wonky. I can see the greater urgency of getting the IV and using it now!

Edited February 14, 2023 by Kai G. Llewellyn

[ACC24 40]

15 hours ago, Kai G. Llewellyn said:

My apologies, as I was never an Indian citizen, my experience regarding how the Indian authorities treat passport validity in respect to gaining a new citizenship is quite limited.

 

I think it's prudent to delay the ceremony until you've obtained your IV and entered the US. That being said, I think you could've gotten away with getting the citizenship, requesting urgent dispatch of your citizenship certificate and then urgently applying for a Canadian passport based on your visa interview (that would be sufficient to request higher priority services). But like you said, it'd be close and added stress. So I totally understand on that front.

 

It's six months from the medical, not the interview, just as a FYI.

 

Given what you said, it might've been wise on the other hand to delay your visa interview if needed in Montreal if you have obligations in Canada for the next 18 months, as you'd have the Canadian citizenship in hand and you wouldn't have to fuss with dealing with double-PR status, and the complexities regarding Indian passport validity. You could've interviewed in Montreal 6 months from now, gotten a visa valid for a further six months and have it bound to your Canadian passport, ready for when you make the final move.

 

Anyways, given you've already rescheduled, if you happen to become Canadian citizens after your interview but before you cross and your Indian passport is invalidated, US Visa policy, at least in respect to nonimmigrant visas, the visa in the old passport remains valid and can be presented with the new passport. I don't know if that applies to immigrant visas, and also a change of nationality. Honestly, you probably don't want to be the experimental case here. The IV might need to be reissued.

 

On your final point, maintaining both Canadian and US PR isn't too prohibitive given that Canada is extremely generous regarding the residency obligation. The US doesn't care about your Canadian PR, all they're interested in is that you make the US your primary home or that you have fixed intentions to come back to the US on each trip to Canada. I was a PR of both countries for 10 months, and I even had both PR statuses in my Nexus account, so it was no biggie. But ultimately, I did spend 80% of my time physically in the US during that time, so I was never on CBP's radar.

 

I would advise to keep your trips to Canada on the brief side, but if you must make extended trips, one six month period would probably be okay, but I would try and reduce on further travel. Probably a period of more than six months would be okay too. All I do know is charging LPR's with abandonment is lowest of the low priority because of the convoluted process it starts and the few actual removals that occur from it. Like seriously, I don't think I've ever seen an LPR ultimately deported from the US on VJ for abandoning their status in the several years I've been here. It's really quite rare.

 

But in all honesty, I can't make any guarantees with this because there's no hard and fast rule here. The advice is that you shouldn't really use your immigrant visa until you're actually ready to immigrate properly. Of course...the availability of IV interviews makes that easier said than done.

 

Regarding over who should cross first, who was the primary beneficiary? Whomever that is, needs to cross first. I don't think dependents on EB based cases can enter first, though if I'm wrong, someone please correct me.

 

Sorry, this post is an absolute mess, I'm quite tired. xD Given that your case was an EB based case and for some reason my brain was reading that as family-preference, my advice is a bit wonky. I can see the greater urgency of getting the IV and using it now!

 

@Kai G. LlewellynThank you for a very detailed explanation. Like I said, there are always 100 unique cases and our is 101 of its kind :)) Since you and some others( please add on such names for their input) have researched elaborately, we feel more confident hearing from you guys. Things are always grey in this area and nothing is guaranteed but moral support with many solid known facts helps many like us to sail through these rough uncertain times....

 

To give you more clarity,  we are in the EB category

 

-EB priority date: Oct 2010

-DQ'ed date: March 2021

-IL received from NVC : Feb 2023 for March 27, 2023

-Scheduled for medicals: Feb 15, 2023

 

-Canadian PR holder, applied for citizenship: Sep 2021

-Citizenship Oath ceremony notification for: Feb 2023 ( currently rescheduled). We do not want to continue with the oath ceremony until we finish the interview at Montreal and get approved solely due to the fact of passports getting changed ( Indian to Canadian) that needs to be updated with USCIS. This might involve lot of questioning/paperwork and delays when we attend the interview. 

-Obligation  for one parent( mostly dependent applicant on IV which is mom) to stay in Canada due to Sr high school son graduating in : Jun 2024 ( we might consider if there is an option for him to graduate earlier from school when we reach that stage)

 

Tentative plan: Attend IV interview on March 27, 2023, if approved I ( principal applicant) will cross the border in June or July 2023. I want my wife also to cross with me and stay for a month or 2 in US and she will come back to stay with our son when his school resumes in Sep 2023. She might come back to US again in Dec 2023( probably for 2-3weeks) and again back in Canada until end of Jun 2024. Maybe she will be able to travel couple times in between for a week or two depending on our son's schedule. This puts her almost closer to 9-10months in Canada in a given year though I would mostly be staying in US. We will permanently move to US right after June 2024. Hopefully our US LPR status( specifically for my wife) should not be questioned by CBP officers.

 

In the interim, we are deciding if we should resume scheduling for Canadian citizenship oath ceremony right after we cross the border with IV or wait until we receive plastic Green card. Our Canadian PR does not expire until Dec 2024. 

 

Hope I have detailed our situation and plan to the best of my knowledge and would like to hear all  valuable suggestions/inputs from you or any others. Please help me add any other names or you might want to refer this post to them. We really cannot thank you enough already!!

[ACC24 40]

3 minutes ago, ACC24 said:

 

@Kai G. LlewellynThank you for a very detailed explanation. Like I said, there are always 100 unique cases and our is 101 of its kind :)) Since you and some others( please add on such names for their input) have researched elaborately, we feel more confident hearing from you guys. Things are always grey in this area and nothing is guaranteed but moral support with many solid known facts helps many like us to sail through these rough uncertain times....

 

To give you more clarity,  we are in the EB category

 

-EB priority date: Oct 2010

-DQ'ed date: March 2021

-IL received from NVC : Feb 2023 for March 27, 2023

-Scheduled for medicals: Feb 15, 2023

 

-Canadian PR holder, applied for citizenship: Sep 2021

-Citizenship Oath ceremony notification for: Feb 2023 ( currently rescheduled). We do not want to continue with the oath ceremony until we finish the interview at Montreal and get approved solely due to the fact of passports getting changed ( Indian to Canadian) that needs to be updated with USCIS. This might involve lot of questioning/paperwork and delays when we attend the interview. 

-Obligation  for one parent( mostly dependent applicant on IV which is mom) to stay in Canada due to Sr high school son graduating in : Jun 2024 ( we might consider if there is an option for him to graduate earlier from school when we reach that stage)

 

Tentative plan: Attend IV interview on March 27, 2023, if approved I ( principal applicant) will cross the border in June or July 2023. I want my wife also to cross with me and stay for a month or 2 in US and she will come back to stay with our son when his school resumes in Sep 2023. She might come back to US again in Dec 2023( probably for 2-3weeks) and again back in Canada until end of Jun 2024. Maybe she will be able to travel couple times in between for a week or two depending on our son's schedule. This puts her almost closer to 9-10months in Canada in a given year though I would mostly be staying in US. We will permanently move to US right after June 2024. Hopefully our US LPR status( specifically for my wife) should not be questioned by CBP officers.

 

In the interim, we are deciding if we should resume scheduling for Canadian citizenship oath ceremony right after we cross the border with IV or wait until we receive plastic Green card. Our Canadian PR does not expire until Dec 2024. 

 

Hope I have detailed our situation and plan to the best of my knowledge and would like to hear all  valuable suggestions/inputs from you or any others. Please help me add any other names or you might want to refer this post to them. We really cannot thank you enough already!!

@jpfashizzle @CAN_2_US @VIR CHAMP @Maverick_TO  Any inputs is highly appreciated, thanks much!

[jpfashizzle 9]

14 hours ago, ACC24 said:

@jpfashizzle @CAN_2_US @VIR CHAMP @Maverick_TO  Any inputs is highly appreciated, thanks much!

You truly have a unique situation, however somewhat similar to many on this thread - especially as it relates to balancing concurrent US IV approval and Canadian Citizenship grant. I can see why you are waiting for your successful US IV Interview before taking your Oath. 

 

You can enter the US with the US IV Stamped in your Indian passport, if you do not want to wait for your Green Card (GC) to come in the mail. That being said, it took 2 weeks for me to receive my GC after I entered the US on my IV - However keep in mind that this timeline may differ for people depending on their processing office. 

 

This is ENTIRELY my opinion and not based on specific research, but the only thing that raises possible concern in your plan is the time that your wife is staying outside of the US after becoming a US PR. I am not sure of this, but wouldn't they question her intent of remaining a US PR is she is out of the USA for more than 180 days in a year? Just something to consider and possibly even discuss with a US Immigration Lawyer.

[ACC24 40]

5 hours ago, jpfashizzle said:

You truly have a unique situation, however somewhat similar to many on this thread - especially as it relates to balancing concurrent US IV approval and Canadian Citizenship grant. I can see why you are waiting for your successful US IV Interview before taking your Oath - Isn't this the safer option?

 

You can enter the US with the US IV Stamped in your Indian passport, if you do not want to wait for your Green Card (GC) to come in the mail. That being said, it took 2 weeks for me to receive my GC after I entered the US on my IV - However keep in mind that this timeline may differ for people depending on their processing office - Do you think it is an option to wait couple months before we cross the border to activate IV or cross right away once approved and resume Canadian oath ceremony process?

 

This is ENTIRELY my opinion and not based on specific research, but the only thing that raises possible concern in your plan is the time that your wife is staying outside of the US after becoming a US PR. I am not sure of this, but wouldn't they question her intent of remaining a US PR is she is out of the USA for more than 180 days in a year? Just something to consider and possibly even discuss with a US Immigration Lawyer - We will continue to work on best options possible once IV is approved to minimize my wife's stay in Canada though unsure about the plan of action as of now

Thanks much for your inputs!