Jump to content

Kai G. Llewellyn

Members
  • Posts

    593
  • Joined

  • Last visited

  • Days Won

    2

Everything posted by Kai G. Llewellyn

  1. Hey folks, So just wanted to report in some of my experiences of crossing the border by land with an I-751 pending. I got the 48 month extension letter shortly after I applied and hit the Nexus office to get my profile updated. Once my GC expired, I continued to cross as normal with my expired GC and Nexus and I wasn't asked for my extension letter for the first 10-15 crossings after it expired. So I stopped bothering to bring the extension letter, it's pretty flimsy and crossing the border several times a week, it's already getting pretty bent and dogeared up. So I started leaving it at home, for the first few months, no issues, crossed into the US as normal. Then this past week they've started mentioning my GC is expired and asked for the extension letter, even though my GC shows as valid in my nexus profile. The CBP lady was very stern and threatened me with a $548 fee if I cross again without the extension letter, she said she gave me a 'one time pass' this time. Anyways, I've since started carrying it through again and the subsequent entry they checked it again, but I don't know how long this letter going to last. Given I work up in Canada and cross a lot, I need durable travel documents, and the extension letter is anything but that. Anyways, I'm minded to self-file a WoM given igoyougoduke's success, just to get the 10 year GC which won't fall apart on me. xD Anyways, I'm curious to hear your stories of travelling by land with the extension letter. Do CBP check yours? Was having your Nexus updated enough to go without it? Also curiously, the CBSA still think my GC is expired, and occasionally when I cross they mention 'oh you have an expired immigration document on your profile', I explain to them the ridiculousness of the I-751 and they let me through without hassle. It's interesting that the CBSA even care that a Canadian citizen's foreign immigration document is expired but w/e I guess.
  2. I'd maintain that you have a green card and a foreign passport and that alone is sufficient to be boarded. Dodge the question.
  3. Why do you have to admit to the airline you're a PR? There's no risk of misrepresentation issues as it's not a representation you're making to Canadian immigration authorities. One you get in front of a CBSA officer, claim you're a PR and that you boarded using a green card. Done deal. I don't believe airlines can verify PR status beyond the card anyways.
  4. You can check the status on their site without a login using the receipt number. In terms of getting an access code and if you don't have one, I think you'll have to contact them to request it. I'm not sure how difficult they are about issuing those.
  5. I didn't manually add it to my account, USCIS automatically added it, probably by using the online account number I entered on the form itself. I presume the receipt number + access code method is for those people who didn't do that? Not long! My biometrics are on Monday and the letter was received today, so around 7 days notice. I knew the date on the 16th though as the notice was entered into my online account, USPS just took a long time to deliver it.
  6. I didn't get an access code, if you enter your USCIS Online Account number with your application it'll get automatically added into your account. Worked quite well. Incidentally I just received my physical biometrics appointment notice today, a good while after the extension letter, although both notices have the same date on them.
  7. Definitely confirm to them that you currently have a valid green card, but also it may be worth explaining the RoC process to them and that your work authorization would only ever end with a final order of removal. It's just the proof of status that can get a bit awkward during this process. Regardless either way I would be stunned if you didn't have some form of proof of status by your start date. Hopefully they're willing to exercise some flexibility here.
  8. It's certainly possible that you may receive NOA1 after biometrics, as USCIS seem to be super fast with booking biometrics appointments lately. My electronic biometrics letter and extension notice were issued on the same day this month, but I haven't had the biometrics letter yet. Two letters sent out on the same day may not necessarily arrive on the same day, and I'm putting it down to USPS delays. That being said, is there a way you can bring the start date forward? A green card conditional or not presented for a I-9 is a document that should not be re-validated. They can only do that for EADs and Work Visas. So if you can get yourself into a situation where you sign your I-9 on a day when your card is valid, then you should be good theoretically speaking. Of course, employers aren't always known for following the exact letter of the rules. So YMMV. I think you should be able to get a stamp before the end of July, or you most certainly should have your extension by then. The SSN Card usually takes 2-3 weeks to show up I think. You should also remind your employer that your have a currently valid Green Card and LPR work authorization does not expire. That should provide them sufficient reassurance that you will have your documents in order for I-9 by your start date.
  9. Extension letter received today, that's 12 days following the package mailing date.
  10. USCIS have never taken my biometrics because I did Consular Processing, so they probably can't reuse the ones State took.
  11. Wow, USCIS are moving fast. I've already been booked for biometrics, as of today, for July 3rd. Receipt Notice (confirming 48 month extension) and Biometrics notice have been uploaded into the myUSCIS portal.
  12. I didn't do anything aside from sending a message in MyUSCIS, the response was a bit nonsensical but yeah. Outside of that I've declared both citizenships on my I-751, so I don't think anyone can accuse me of willfully hiding it. Not that it makes a difference in eligibility in any case. I don't think there's a duty to declare until an application asks you to list your citizenships.
  13. My Mastercard was charged on the 13th and the case has appeared on my Online Account today with the receipt number and that they've sent the receipt notice. My case was sent to the Phoenix lockbox. So far so good...now to wait for biometrics!
  14. Submitted our joint I-751 today, here begins the looooong wait! I mailed via USPS Express and the package was 12lbs and well over a 1000 sheets of paper. I am the immigrant and my husband is the USC who petitioned for me. We wanted to put together a strong package, so here's what we submitted: · Joint Patient Records · Joint Cards and ID’s · Furry Art Commissions of our characters. (If you can't tell by my icon lol) · Photos with Husband's Family · Adding me to Mortgage · Vehicles including registrations and titles at same address over three years. · US Tax Returns · Canadian Tax Returns o Husband’s FY2020-2021 Canadian Tax returns were processed to account for his time and income while staying in Canada. o Documentation showing that me and my husband ceased factual residency in Canada in late 2021 when I immigrated to the US. · Documentation supporting my husband’s Long Stay in Canada of 15 months due to Covid and waiting out the US immigration process. o Visitor Record issued by Immigration, Refugees and Citizenship Canada o Visitor Extension application submitted by my husband with supporting statement by me o Visitor to Canada Health Insurance Purchased by my husband covering 15 months · Border Crossing History for me and my husband. · Joint Travel documents, incl hotel stays, flight bookings and dog kennel bookings · Joint Water and Gas bills. Credit Card and Bank Statements · USPS Informed Delivery covering our mail items received at our address over the last two years with both our names on. · Heat Pump Joint Financing · Joint Car Maintenance Account Payment · Joint mortgage Payment paid from joint account · Joint Checking statements · Various Receipts and Invoices over the last two years · Medical Bills and Prescriptions labels over last two years · Dated Photos for 2020-2023 · Undated Photos from over the course of our marriage and relationship · Stills taken from CCTV Cameras · Joint Car and Motorcycle Insurance · Screenshot from our county's assessor office showing joint ownership and our cars in front of the property. Hopefully this will avoid a RFE! But we shall see, we kinda went a bit nuts with it but didn't want to leave things up to chance.
  15. My experience is that the CBSA is a lot more laid back than the US when it comes to matters such as this, and the key reason is that visitors to Canada can have dual-intent. That is they can both intend to visit, but also intend to immigrate by submitting an application for permanent residency in Canada, also known as an inland application. Further to this, they also permit visitors to work for their foreign employers while in Canada so long as they don't have Canadian clients or have a role that could be performed by a Canadian resident. The only thing you'd have to demonstrate is that you are not trying to be a de-facto resident without going through the required immigration process. Generally when you're only doing short stays, or rather spending less than 50% of your time in Canada, the CBSA aren't too fussed. They'll also want to be sure you aren't trying to work for a Canadian employer in Canada without a work permit, this is where remote work acts in your favor as you'd have no need to impact the Canadian job market. See here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/what-is-work.html: "What is not considered 'work' in Canada" long distance (by telephone or Internet) work done by a temporary resident whose employer is outside Canada and who is remunerated from outside Canada; I'd also advise you looking into multi-trip travel insurance, the CBSA may ask for evidence of travel insurance to avoid you burdening the healthcare system and running away from a hospital bill. But generally, I don't envisage any problems. Set out clear plans, be truthful and have safe travels!
  16. If you are a non-resident and don't have Canadian source income to declare, I don't believe there is a requirement to file. However, it may help your citizenship application if you do (if you have the requisite number of days physically in Canada to apply for Canadian citizenship that is). As a non-resident your US income is not reportable to the CRA.
  17. As in, if you have been out of Canada a lot during your application being pending and you no longer have 3 years of physical presence in Canada over the 5 years prior to signing the application, you will need to spend time in Canada. You must have 1095 days in Canada over the past 5 years immediately before signing your application. If you're making a new application, then the requirement applies again. LPR card refers to a green card. Canada does not use the term 'Lawful Permanent Residence' - Yes I put my US address on my PP application. no issue, you're a citizen and entitled to apply and receive a passport. You can specify to them how you want to receive your passport. I got mine in person, but they will send out to the US if you want. Regarding your scenarios a. No issue. A green card and any foreign passport is sufficient to be boarded on a flight to Canada. If you don't have a foreign passport because you lost your original nationality, you will need to get a Canadian passport to be boarded. As I'm a British citizen too, I could always use my British Passport and Green Card to be boarded on a plane, regardless of my Canadian citizenship. This is a special privilege that Canada has given to Green Card holders in that they don't require an eTA now. b. This is fine, you're free to apply within Canada. I did as a non-resident. c. This is fine, you're a citizen and have a right to reside anywhere in Canada as long as you like. You can depart Canada and return while it's being processed too. If you try to enter without a passport, just use your green card at the land border and claim Canadian citizenship. You may be delayed but ultimately they have to let you back in per Sec. 6 of the Charter. d. You don't even need the passport to reenter the US, a valid green card alone is sufficient. There are fewer documentary requirements at the land border, as when you are in front of a CBSA officer, you are on Canadian soil and Charter rights apply. Air carriers are not subject to Sec 6 rights as their determination to board you is on foreign soil.
  18. Washington is considered REAL ID compliant in the form that they have the Enhanced ID and Enhanced Driver's License, for citizens only. WA expects noncitizens to use their passports, LPR cards, EADs and so forth for federal ID purposes. That being said, WA did not limit my Driver's License to the validity of my Green Card. They gave me a full validity license good from 2021 to 2027. EDIT: Lol, I just realized I responded to an old thread because I was linked here from another, doh!
  19. I'm definitely minded that @ACC24 should delay their oath. I don't think IRCC has any issue with asking for a different date. People need to change dates for all manner of reasons, obviously ones job could throw the spanner in the works, so IRCC would be understanding. If you delay your oath, you will need to wait for IRCC to give you a new date. No idea if the CO would delay issuance if your citizenship changed. When I started this thread my experience was vastly different. In that I became a citizen -after- becoming a LPR, not sandwitched just before the IV interview, and my country allows multiple citizenships. So my guidance is going to be somewhat limited. It basically comes down to - You need a valid passport to obtain an IV. Your country's consular staff should confirm regarding validity. - You need a valid passport to enter the US with your IV. I don't know if you can change citz between Interview and PoE. I strongly advise against it as your IV does notate your nationality. - You can have your Canadian citizenship ceremony at any time before or after the interview and PoE. - You must maintain Canadian PR to become a citizen and comply with the residency obligation of 2 years in Canada in a rolling 5 year period. - If you become non-compliant with the RO, you should expect a denial of your Canadian Citizenship application and won't get a ceremony. This applies even if your app is approved and you are awaiting your ceremony. - Canada does not care where you live to become a citizen. You must just be a Canadian PR and have 3 years out of a rolling 5 year period in Canada before signing your application. - The 3 in 5 year requirement no longer applies once your application is submitted. If, however, it gets denied, you must regain 3 in 5 before submitting a new application.
  20. Are you a citizen of a country that does not permit multiple citizenships? If you are a citizen of a country that permits it, you can become a Canadian citizen without impacting your IV interview as your original passport will remain valid. If you are not a citizen of such a country, you will have to check your country's rules regarding passport validity upon gaining a foreign citizenship. If your passport will become invalid due to you becoming a citizen, then you ought to delay your ceremony. I had my ceremony 9 months after I became a LPR, so delaying shouldn't be an issue. Alternatively, you can ask them to expedite the dispatch of your citizenship certificate and then apply for an urgent passport appointment. You can get a passport on a same-day service for emergent needs, but it would be cutting things close. If your citizenship changes before your IV interview, you should notify the consular officer as such as your DS-260 will not have that info on it. I don't believe IRCC has resumed in-person ceremonies yet, but I could be wrong on that front. I think they're all virtual. You must be physically in Canada during the ceremony.
  21. 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!
  22. 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.
×
×
  • Create New...