Kai G. Llewellyn

I'd take a guess that the Mexican authorities would go by seeing what appears to be a valid US visa foil in the Passport and let her in. But they could do record checks, I'm not too familiar with how Mexico handles these things given that I've only crossed into the country once from the US (and I was 16 at the time lol!) What I do know is that the information sharing between the US and Mexico is far less than that that goes on between the US and Canada. Honestly if it's not too much effort I would advise she gets a valid Mexican Tourist visa if required. Nothing to lose from that.

I advised them that my principal residence was in the US and provided that address, but I also maintain a secondary address in Canada and asked them to send my certificate to my Canadian address. LPR's are allowed to have secondary foreign residences, they just must make their primary home in the US. Trust me, there are plenty of wealthy LPR's in the US who have homes all over the planet.

No issue. But she must make it her intent to make her primary home in the US and communicate as such to the CO. Canadian PR requires 2 years out of 5 in Canada over a rolling period to be maintained unless you are living with a Canadian citizen spouse or common-law partner. This is known as the residency obligation. If you live close to the Canadian border it is possible to maintain US LPR and Canadian PR at the same time provided you make the US your primary home. I was a 'double PR' for around 10 months until I was granted Canadian citizenship a few weeks ago.

Oh I misread your message here. Technically a Green Card alone is good enough to fly to the US. But either a Canadian or UK passport wouldn't be treated differently here no matter which one you presented.

When did you apply? Language Skills, Prohibitions and Physical Presence usually are marked as complete together and that's effectively your 'Decision Made'. If you have extensive travel history, Physical Presence may take 1 or 2 months more to complete once Lang and Prohibs are done. You can request for expedited processing of your application, if you can demonstrate an emergent need for it to IRCC (and no, living outside of Canada doesn't count). Once your application is approved, you will be invited to an Oath Ceremony. There you will also sign a paper Oath of Citizenship (as well as verbally taking the oath), you send a scan of the paper oath to an IRCC mailbox. When emailing that mailbox, you you can request that they expedite the dispatch of your citizenship certificate. FYI it took about 2.5 weeks for my certificate to be delivered after my ceremony.

Yep, it's fine to do. Once your IV is stamped it serves as a de facto Green Card for 1 year, which allows you to re-enter without difficulty.

Oh you absolutely can, but be prepared to camp out outside of ServiceCanada if you live in one of Canada's main cities. Not sure if you've seen the news, but it's pretty bad right now. I have no urgent need to get one as I have existing travel documents that are letting me cross by land without issue.

You can use either, but I think they'd prefer a Canadian one, as it helps them confirm your citizenship faster. I don't have a Canadian passport yet and I'm entering with a UK Passport and a Green Card despite being a citizen. Once you're in front of a CBSA officer, they have to let you in no matter what per S.6 of the Charter as you are a citizen. Either passport is acceptable to be boarded to a flight to Canada. Those Canadian citizens who do not have a US Passport or LPR card MUST use a Canadian passport to fly to Canada otherwise they will be denied boarding. Canadian citizens cannot get an eTA on a foreign passport. I've noticed that CBSA will only want to do further immigration screening/citizenship confirmation IF you are doing something that goes beyond a standard visit (i.e. if you're coming to study/work in Canada, or stay for a long period of time) or they want to check for admissibility, which again wouldn't apply to you if you're a citizen, but they'd have to make sure you were one first.

@From_CAN_2_US is right. You inform them via the IRCC Webform under 'give new information about an application'. https://www.cic.gc.ca/english/contacts/web-form.asp

It's kinda interesting to be honest. Ordinarily once you become a Canadian citizen, the only way to fly into Canada is with a valid Canadian passport, or a US Passport if you're also an American. HOWEVER, recently Canada removed the eTA requirement for anyone with a valid LPR card, so theoretically a Canadian citizen could be boarded with their non-Canadian passport and LPR card. Truth be told, I haven't tried it. For me, I don't have any need to fly into Canada as I live 15 minutes from the border and they let me in with my UK Passport and Green Card. International flights I usually take from SeaTac, and would probably use YVR for any Canadian domestic flights that I'd need. I think the wait for me to get a Canadian passport will be quite lengthy given the mess of ServiceCanada right now. 😕

I could be mistaken but Obergefell required all 50 states to issue marriage licenses to same-sex couples. It ended the mish-mash of same-sex marriage legality over the US. Windsor is what changed things at the federal level for same-sex recognition, but Windsor did not result in states being required to issue same-sex marriage licenses. I didn't pay a huge amount of attention to US Immigration at the time, but one would've thought that Windsor would've required DoS and DHS to recognize same-sex marriages for immigration benefits. While Thomas didn't directly refer to Windsor, I strongly imagine he would include it in his list of cases to review...if that was within his gift, which it is not. Only circumstance that a new ruling could be made is if a new case was presented to the Supreme Court.

Actually that was US v. Windsor, which struck down Section 3 of DOMA of which stopped the Federal Government from recognizing same-sex marriages.

Time alone is not sufficient to conclude residence was abandoned. One could theoretically have abandoned their LPR after a week, or have preserved it after a 2 year absence. It is all down to intentions and that comes down to factors surrounding the absence, ties in the US and ties abroad. Time is just one factor that contributes to the totality of the circumstances which can lead to status abandonment. If OP is simply taking a 6 month vacation/sabbatical to go travelling, but otherwise maintains a residence, domicile, and ties in the US and has none abroad, absolutely no CBP officer will file an NTA for that. On the other hand, if someone leaves for 6 months, buys a home overseas, lives and works there and then ends up coming back to the US on a round trip ticket for a week...then that's a different matter. The 6 months/12 months is moreso a matter for the continuous residence requirement for naturalization, and that after 6 months an LPR becomes an applicant for admission, so grounds of inadmissibility can then apply. However, the easiest way to keep the you off the radar is to ensure that a majority of days since your admission as an immigrant were in the US rather than overseas, but it's not an absolute rule by any means. tl;dr imo OP will be fine.

Btw, I had no issues doing this today. Went up in the Nexus lane to Canada with my Nexus and Green Card, regular questions, no dramas. Good thing too as the regular lineup was maaaaassive!

Good catch! Completely missed fiancé being referenced there. Yes, you can't re-enter with a K-1. So you will need to wait for your Oath before entering with a K-1.

At the Oath Ceremony, no. They just do an ID check, so will just want to see the Bio Page. You don't need to use your passport. Your PR card plus ANY other government issued ID (foreign or domestic but must be in English or French) is acceptable. However, if you get called for a Program Integrity Interview (they used to do this for everyone, but now only select applicants) then they may check your passport pages. They absolutely will if you are called for an interview where they have questions over your physical presence. That being said, having a US immigrant visa in your passport is not a negative factor if you are otherwise in compliance with the physical presence required for citizenship. But as I said before, your active LPR status must be disclosed to IRCC. Back in 2017 they removed the intent to live in Canada requirement for Citizenship. So IRCC cannot refuse your application because of your intent to live in the US or already happen to be living in the US. I am officially a nonresident of Canada, I have WA Driver's License, and non-resident as far as the CRA is concerned, but they still swore me in as a Canadian citizen thanks to those changes in 2017. For the sake of transparency, I would also suggest notifying USCIS of your citizenship change too, and underline that Canada permits nonresidents to become citizens, and that your residency in the US has not changed.

It sounds like it was an withdrawal rather than an expedited removal, especially because you were very honest regarding your intentions. You can FOI CBP to get information regarding the encounter. If it's a withdrawal, you won't have any issues for your visa, but you do need to be honest about what happened and that you had been refused admission before. If it was an expedited removal (I think unlikely in this case) then others are right, you'd need a 212 wavier.

- 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

Did you actually illegally work or did you just cave to their pressure and admitted to something that you didn't do? If you did, you will be directly asked about that, and will need to be truthful. That is on top of the withdrawal of your application for admission.

I'm planning to rock up with my British Passport and Green card, and claim Canadian Citizenship at the land border. Per Section 6 of the Charter, Canadian citizens have the right to enter Canada. Incidentally, I did speak to a CBSA officer at the Blaine Nexus enrollment center, they also confirmed I could continue to use my Nexus card while waiting for the citizenship certificate and passport to show up. They advised there'd probably be a few more questions while confirming my status, but it shouldn't be a big deal. Flying into Canada...yeah, you can't do that without a Canadian Passport if you're a citizen, unless you get a special authorization. Land border, you have a lot more flexibility because you arrive for inspection on Canadian soil.

Hey all, Just wanted to give y'all an update with my Canadian Citizenship. I applied for Canadian citizenship on June 24th 2021 and became a US LPR on August 9th 2021. Historically, Canada used to require citizenship applicants to intend to live in Canada once granted citizenship, in 2017 this requirement was removed. My application was approved in early June and I was sworn in as a Canadian citizen on June 21st 2022 while being a resident of the US and not of Canada. I strongly recommend that you have an address in Canada where IRCC can send notices and your citizenship certificate (while ceremonies are still online), this could be an address of a trusted friend or family member. As before, there are no issues maintaining PR of both countries so long as you are in compliance with Canada's residency obligation (2 years in Canada for every rolling 5 year period), and the US's requirement to maintain primary domicile in the US. I hope this is useful for Canadian PR's planning to move to the US and want to apply for Canadian citizenship too, as I am aware a few members were planning on doing this.

They will need to interview in the Netherlands. Montreal requires proof of some kind of study/work permit, PR in Canada or Canadian citizenship to interview there. Visitor status isn't sufficient. Montreal asked me for a copy of my Canadian PR card before they'd accept my case. I don't believe they will have any issues requesting a report from the RCMP, anyone can do this so long as they provide acceptable ID. Another option, although far fetched idea depending on geography, and safety would be Mexico. Afaik they are reasonably chill about people constantly renewing their visitor status there. I've heard of cases of Americans de facto living in Mexico as visitors, and they make periodical border runs to refresh their status. Though I'm not hugely familiar with Mexican immigration law, that's basically what I've heard, so take it with a pinch of salt!

Six months def isn't enough to wait out the CR-1/IR-1 process for sure, but you can theoretically apply for visitor records an unlimited number of times so long as you can continue to demonstrate your trip is temporary. This is done by demonstrating that your trip in Canada is for a defined purpose, and that you will depart once that purpose has been met. Demonstrating ties, and circumstances (such as a US Immigration Application) will help with that. I'm aware of people successfully receiving at least two visitor record extensions, but there are probably cases where they've received more. Incidentally, when applying for a Visitor's Record, you are not bound to request another six months, you can request any length of extension as you like, but longer and additional extensions require a stronger case. While the application is pending, you remain in 'implied status', and even if the application is denied the period of implied status, still remains lawful. If one falls out of status, one can apply to restore status and apply for yet another visitor's record. Canada's immigration law offers many options for those requiring longer stays.

Hello there, I'm from BC and dealt extensively with Canadian immigration. She can try, and it might work out. It also might not. That being said, Canada uses immigration bars far more sparingly than the US. Usually bars to entry are exclusion orders for 1 year if they think you are trying to sneak by the rules and try and deceive them. 5 years if you commit misrepresentation, although that is enforced more on the IRCC (Canada's USCIS) side, than the CBSA side (Canada's CBP equivalent). So the risk to trying this is fairly low to be honest. Canada for the most part will want to know that she will have a defined point that she will leave. Simply 'waiting it out' without a defined end date is likely to raise eyebrows. So you'd be better off asking the 6 months, then review how things go at that point, apply for a visitor's record if needs be. VR's are routinely approved so long as you can continue to demonstrate the temporary nature of your visit. Though do bear in mind, your trip 'ends' the moment you depart Canada, even for the US, and once you re-enter Canada, she'll have to explain herself to the CBSA again. So if she wants to do this, she needs to come to Canada and stay put. She can't be crossing the border frequently, as that'll likely cause the plan to fall apart. The big question is, how is this going to be financed? The process can take up to two years, so two years of AirBNB is going to be expensive in the extreme, especially in a high cost of living area like BC. And that's a question CBSA will want to know, they won't want you working illegally in Canada, however, working remote for a foreign employer is expressly allowed in Canada. Additionally, they will probably want to see proof of private health insurance for such a long duration of stay. Finally, yes, this plan can work. My husband did this during the pandemic border closure, he stayed a total of 15 months in Canada. He did three months, exited and reentered, then six, applied for a visitor's record, and then stayed for another six, then exited once I had my visa interview. He did carry proof of strong ties in the US though, things like US Property, US Job, US Driver's license, insurance he was paying for, and a copy of the I-130 receipt and eventual approval notice. It was overall a strong case that his visit was temporary in that once my visa was approved he would be leaving. Ties to outside of Canada, both to your home country and the US will help your case with demonstrating the temporary nature of your visit to Canada. Your situation is a bit different, so your mileage may vary. Oh and to correct other member's points. Canada gives visitors 6 months unless a different duration is given by the officer. If they don't tell you how long you have, it's 6 months. For everyone, visa-required and visa-exempt.