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Kai G. Llewellyn

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Everything posted by Kai G. Llewellyn

  1. 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!
  2. 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.
  3. The rules depend on how your original country handles passport validity and acquiring a new citizenship. If the country is able to immediately find out, and deems the passport immediately invalid upon acquiring a new citizenship, then it cannot be used for the purposes of adding a visa foil, as the expectation is that you have a valid passport prior to the interview. In this case you can apply for an emergency appointment for a Canadian passport with a justification that it's immediately needed for a visa interview. If you become a Canadian citizen after the interview and your original passport becomes invalid, my understanding that the visa foil remains valid. However, you would need to present a valid Canadian passport in addition to your old passport containing the visa foil to apply for admission as an immigrant. At least that's how it generally works with nonimmigrant visas and expired passports, not 100% sure in this case. Some countries may have grace periods regarding validity, others won't revoke passports unless they somehow find out about your acquired nationality.
  4. Once you become a citizen you will be eligible to vote as an overseas voter in their riding, so there is an incentive for them to assist. Definitely keep tabs on your RO to make sure you don't unintentionally fall out of compliance earlier than you anticipate, but either way, looks like you've got a good two years left for them to grant it before you start having to do anything drastic, and most folks who applied in Oct 2021 have been granted their citizenship now, so you can't be too far behind them. The other factor is, and it's more subjective, that your RO is maintained by working for a Canadian Employer while in the US, but the wording of it makes it sound that you must be working outside of Canada at the employer's behest, rather than for family purposes, dunno, but I think you could argue it. https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10
  5. Go back to the SSA with your green card and ask them for an unrestricted SSN card.
  6. Hey @From_CAN_2_US The good news is that the Citizenship physical presence requirement is that 1095 days in 5 years rule only applies at the point that you sign your application. Once you have signed and submitted, your 1095+ days is locked in and even if your physical presence over the subsequent rolling 5 year period goes below 1095+ you remain eligible so long as your application remains pending. Of course if it were denied and you had to submit a new one, you'd once again need to have 1095 days in 5 years. The only requirement on you is that you need to maintain your Canadian PR status, that is either complying with the 2 in 5 year residency obligation or by living with a Canadian citizen spouse. For the latter, your Canadian PR status is maintained indefinitely. If you're concerned regarding your application, you are within their current processing times, but you could try to reach out to your MP in your former riding for assistance. If things are really stuck you could try and seek legal advice to see if you can force IRCC to move it along. Are you in danger of not meeting your residency obligation?
  7. Your Green Card only notates your Country of Birth, not your citizenship. CBP won't really care what passport you present alongside it. Regardless, as far as I know, you can get away with presenting just the Green Card if you wish. If, in the extremely unlikely event, you are asked, tell the truth. You were eligible to file for and obtain Canadian citizenship while living in the US as a LPR per Canada's laws as you had the requisite amount of physical presence in Canada. I've freely discussed this with CBP at the Nexus center and while they were puzzled at how it worked, they weren't bothered by it in the slightest. Once you have your physical green card, you don't need to use your endorsed IV to enter the country anymore.
  8. I have a Nexus card, but I still present my GC along side it, and I imagine, I'd need to still present the extension letter too.
  9. Ah, yeah I'm not too fussed about how long it'll take to get - Just not having to completely rely on the letter for part of that 4 year period would be good (though I am planning on naturalizing). For N-400, it should be based on physical presence and continued residential ties - the mere presence of a re-entry permit on file shouldn't change one's eligibility if one hasn't stayed out much. My trips are usually single-day affairs.
  10. Damn. Are they okay with folding it? xD Because as LPR's we're supposed to have proof of our status at all times.
  11. I have to cross the border multiple times a week, and I have my doubts that a flimsy extension letter will last 4 years before it falls apart. However, CPR's can get re-entry permits, even with a pending I-751. The permit will be valid up to 2 years depending on the expiry of the GC extension. Given that we've effectively been given a 4-year green card with these extensions, I figure I may as well file for a re-entry permit, if anything to have a more robust document when entering the US, and leave the extension letter at home. Expensive, I know, but it's insurance more than anything for me. Anyone know if stapling the I-751 extension in your passport is a no-no or not?
  12. I'm surprised that Montreal accepted your case if you're on visitor status in Canada. Usually they want proof of Canadian Citizenship, Canadian PR or work/study permit to accept your case. Regardless, there is no harm in applying for a visitor record. They take 6 months-ish to get and during that time you're on implied status (effectively a de facto extension) and the cost is minimal. Explain you're waiting on a visa from the US and show documentary proof, I don't think IRCC will have a problem with it unless you've been in Canada a looooong time.
  13. Yeah, I got a pretty useless message back from them too, but the important aspect is that you have made an effort to inform them, so they cannot accuse you of misrepresentation. I did the message via myUSCIS and didn't do anything more than that. Honestly, this is more of a cover-your-backside matter more than anything that's specifically required. I am paranoid regarding immigration, there's 95% chance nothing bad would come of failing to inform them. Gaining additional citizenships does not impact LPR status in any way (i.e. many countries have laws where you could pick up their citizenship while living 100% in the US. such as citizenship by descent.)
  14. I-751 fee increase is quite bonkers to be honest. Seems quite unfair that folks that by definition are permanent residents, but have conditions on them that they have to file this stupid form otherwise face removal are being extorted up the backside for it. Go figure, easy targets. I wouldn't mind so much if it came with some guarantee that they'd process these within 12 months, but it's a tough pill to swallow when these forms are yeeted into a USCIS pit only to be fished out when the N-400 forces their hand.
  15. Yes, or it was at least with me. I used to live full-time in Canada and when I came down before I became a Canadian, I used to have to get a new I-94 every three months. A few times a CBP officer did remind me that if I wanted to live permanently in the US, my husband had to file for a spousal visa. I said to them, I am well aware of the rules and this visit is temporary, I have work and responsibilities in Canada which cannot be abandoned. I was let in without any issue at all. My visits were never more than a couple of days at a time and I had a good history of travel compliance. Indeed I ultimately came here on a CR-1 visa, I still have those responsibilities and work in Canada despite living here, so AoS was never an option for me regardless of my intent. xD And yup, the process can take two years, it may take less, or it may take more. Some folks end up waiting a very long time indeed, but that's mostly nationalities of high-risk countries who get their petitions sent back to USCIS or stuck in Administrative Processing. Whether you were flagged may depend if you were referred to immigration secondary or not. They may have put a note on your file that there's a risk of immigrant intent there. If it was a customs referral, I have my serious doubts that they did. Anyways, so long as you're keeping your visits short and have work/responsibilities in your country of residence I think your future visits to the US should be fairly uneventful from an immigration perspective, although it is ultimately up to the CBPO you get.
  16. 1. Up to the CBP officer, some will allow a temporary import, others will deny entry to the car. 2. You can either try and obtain correct documentation and re-attempt within the US (if they allowed the temporary import) and go to a CBP office at an airport. Or run the car through the border again. If you cannot secure correct documentation you may either use a Registered Importer (see my guide below) or sell it in Canada. Cars that are temporary imported into the US are prohibited to be sold in the US. 3. Canadian registration (can be the combo insurance/registration that some provinces provide), Letter/Certificate of Compliance and I think they may want the bill of sale, but I don't think they need it. They will verify that the speedo on your car is readable in MPH and may take a reading of the odometer. If your car is approved for import they will provide you a stamped CBP Form 7501 Entry Summary. You take that to your State's DMV for registration and to get US plates. Some states may require your car to be CARB compliant to be registered. 4. Your Car Manufacturer's US representative. By the way you may skip the letter of compliance IF your car has the 'Complies with US Federal Motor Vehicle Safety Standards' sticker, and EPA compliance sticker. The CMVSS / Canadian Emissions stickers are not sufficient alone.
  17. I mean, based on your past post histoty, you're not that far from applying under the five year rule for citizenship. So I'd advise naturalizing, that way you can come and go from the US as you please. You never know what will happen down the line and if you end up falling in love with someone else in the US you won't have to be re-petition and go through ROC -again-. I would suggest seeing if you can find somewhere in the US you do like and try and start afresh. One wonderful thing about this country is that there's no shortage of cool places and cities/states that suit many tastes. First and foremost. Update your I-751 to divorce wavier as you won't want it approved on USCIS's assumption you're still married.
  18. DQ'ed cases are at NVC until an interview date is set. I believe you can miss the interview though and request a new interview when convenient. But yes, ensure to contact DoS at least once per year to keep the case alive.
  19. You should reach out to Mazda US, I think you are supposed to get a letter from the manufacturer's US Representative.
  20. You should have a spool through the Canada regional sub-forum, a few do. I've seen it to be 50-50. Usually they do want proof that you're emigrating, such as a copy of the visa foil before they'll issue you the letter. And why should they? Idk, customer service? But yes, you're right, there isn't much incentive. You can thank Congress for heeding to the US manufacturing lobby for giving them such control over the process.
  21. Huh? You've not heard of folks getting compliance letters and importing vehicles? Anyways, I've done it both ways. I had a VW Jetta which VW of America happily issued me a Compliance letter, ran it through the border and showed the letter and my Canadian title to CBP. They did all the paperwork and gave me a stamped CBP Form 7501 entry summary. That allowed me to register/title it in WA. Easy peasy, the folks at CBP Peace Arch were great about it. I used a Customs Broker (Registered Importer) for my motorcycle, a BMW F650 GS, which BMW Motorrad refused to issue a letter. The process was awkward, but not impossible. I have a guide for that in my signature. I paid about $700 to a RI to do the process. Worth it tbh. The biggest headache is if you cannot find any evidence that your vehicle was certified to EPA requirements (and CARB if your state requires it), as the RI only helps with DOT requirements, not EPA. If your vehicle is EPA non-compliant, it's virtually impossible to import it as ICI's (EPA version of a RI) are few and far between, only do very expensive vehicles, and cost an absolute fortune. My bike didn't have an EPA sticker, but I was able to obtain a certificate of compliance for my engine from the EPA and CARB which was enough to mark it as compliant for import purposes. One other guy did this with a 2005 BMW Montauk.
  22. 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.
  23. The opinion on the forum is that Canadian health care automatically terminates when becoming a LPR. Though I've indicated here several times in the past that I'm unconvinced that is the case, mostly in that Provinces are not privy to US immigration information. Indeed BC confirmed I'm still on MSP here, I haven't bothered cancelling it although I don't use it at all. This was mostly out of laziness, and also testing out my theory. I'm waiting to see if they will eventually send me a letter saying I'm no longer covered given my time outside of Canada. Provinces will use a variety of criteria to determine if someone is a resident of a province, such as primary home, place of employment, centre of vital interests, social and financial ties. So if you're maintaining all of that, I don't see your province deeming you a non-resident. You'll probably need to continue filing taxes as a Canadian resident, and declare residency of a province. I don't see issues continuing with Canadian health care on that basis. You can try returning to the US with your existing LPR status in the future when you are ready to move, but be prepared to answer questions to CBP regarding your intentions. You may face a NTA and potentially an immigration court case over whether your residency was abandoned. If you don't want to have your status in limbo, you may find it prudent to abandon your status officially, start again and hold the case at the NVC until you're ready to move. If you're going to be out at least two years, this may be your best option.
  24. Expedites are usually given for the USC having medical illnesses or other urgent matters, sadly not as much for foreign national beneficiary. You're free to try, but chances don't look great unfortunately.
  25. Never said they did. Just that they didn't need an ESTA for a land crossing. See my point about a 'denied ESTA indicates an ineligibility for the VWP'.
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