10 yr greencard renewal

[David_n_Amber 3]

Hi..

Im not really sure which section to post this question under.. so i figured this is probably the best bet.. please move this to the appropriate section if im wrong.

I do not plan on surrendering my Canadian citizenship to become American(yeah.. i understand how easy it is to go back to canada and get it re-instated etc etc.. not interested).. so my question is.. when my 10yr greencard expires, what do i do? which form do i fill out etc for the renewal?

Thanks in advance.

[sciencenerd 56]

You don't have to surrender your Canadian citizenship at all or get it re-instated if you become an American citizen. Obviously, you shouldn't become a citizen if you don't want to, but accepting American citizenship doesn't have any affect at all on your Canadian citizenship. From the USCIS website, it looks like you just submit form I-90 (which looks like it can be done online). Others will likely have more information about that. Good luck!

[Brother Hesekiel 2,236]

Calling Kathryn . . .

[JimVaPhuong 4,863]

Hi..

Im not really sure which section to post this question under.. so i figured this is probably the best bet.. please move this to the appropriate section if im wrong.

I do not plan on surrendering my Canadian citizenship to become American(yeah.. i understand how easy it is to go back to canada and get it re-instated etc etc.. not interested).. so my question is.. when my 10yr greencard expires, what do i do? which form do i fill out etc for the renewal?

Thanks in advance.

The US oath of citizenship requires you to renounce any foreign allegiances. However, the Canadian government doesn't recognize this renunciation as an abandonment of your Canadian citizenship. For this reason, it is possible to be a dual citizen of both Canada and the United States. Canada will recognize your dual citizenship, while the United States will recognize only your US citizenship. In the long run, this might be easier than trying to maintain permanent residence in the US. You'll be able to get a US passport, vote in elections, stay outside the US as long as you like without fear of abandoning residency, and sponsor family members to immigrate to the US. You'll also be eligible to run for many elected offices.

It's also a lot more fun to complain about the US government when you have the right to go to the ballot box and change it!

If you choose to remain a permanent resident, you can renew your 10 year green card by filing an I-90 within 6 months of expiration of your green card.

[David_n_Amber 3]

The US oath of citizenship requires you to renounce any foreign allegiances. However, the Canadian government doesn't recognize this renunciation as an abandonment of your Canadian citizenship. For this reason, it is possible to be a dual citizen of both Canada and the United States. Canada will recognize your dual citizenship, while the United States will recognize only your US citizenship. In the long run, this might be easier than trying to maintain permanent residence in the US. You'll be able to get a US passport, vote in elections, stay outside the US as long as you like without fear of abandoning residency, and sponsor family members to immigrate to the US. You'll also be eligible to run for many elected offices.

It's also a lot more fun to complain about the US government when you have the right to go to the ballot box and change it!

If you choose to remain a permanent resident, you can renew your 10 year green card by filing an I-90 within 6 months of expiration of your green card.

The part in bold is what im having trouble wrapping my head around... Since im renouncing my Canadian Citizenship, then wouldnt it be renounced world wide and not just in the USA? For example, if i got my US citizenship and i wanted to go back to canada to get a canadian passport, would i still be able to get one and theoretically have passports from both countries?

[Tick Tock 3]

The way I understand it, in order for your Canadian citizenship to be affected in any way (in relation to US citizenship) is for you to formally notify the relevant Canadian organization(s?). I imagine this may be different if applying for citizenship to another country, but the US does not force you to notify Canada.

So far as renewing a Canadian passport goes, they do accept applications from Canadians living in the United States. I have not read or heard about an individual being denied a Canadian passport on the basis of also having US citizenship (or Green Card). I believe it is possible and permitted to have both a US and a Canadian passport.

Something that does come to mind as a question, albeit slightly specific... If a Canadian also has dual citizenship for the US and said individual wanted to visit Cuba, would the individual simply use their Canadian passport instead of their US one? In a reversed situation, what about a US citizen who has Canadian citizenship?

For general purposes, you are able to keep Canadian citizenship. If you want to revoke it for whatever reason, you can, but the verbal oath does not negate it.

I am sure someone will correct me if I am wrong.

Edited May 19, 2010 by Tick Tock

[Kathryn41 3,205]

You can hold dual Canadian and US citizenship. You don't even have to do anything to obtain 'dual citizenship' except take the oath of US citizenship. It happens automatically. While the US Oath says you give up allegiance to any other 'potentate, etc. (interestingly enough, the wording is such that the Canadian system as a country could actually be said to slip through the cracks of the definition if you wanted to get nit-picky ), the US only has rights over its own citizenship. It has no rights over what another country says and does, thus it cannot take away your Canadian citizenship because that is the sole right of Canada. Since Canada recognizes dual citizenship and has since 1977, I believe, you still remain a Canadian even if you have citizenship in another country.

The only way to get rid of your Canadian citizenship is by filing an actual written application form of Renunciation with Citizenship and Immigration Canada and have it approved. The US basically turns a 'blind eye' to US citizens who retain citizenship in other countries and basically considers them to be only Americans, while at the same time recognizing that there are Americans who hold citizenships elsewhere. They don't like it, but they put up with it.

As an American you are liable for all of the laws and regulations that are in place affecting Americans - even if these laws do not impact you as a Canadian citizen. There will, therefore, be some 'limitations' on what you can do as a Canadian because of that - not because you are a Canadian but because you are an American - the example of visiting Cuba is one of those. As a Canadian you can visit Cuba but you are still an American, and as an American you can only go to Cuba under very narrowly defined conditions. It is a balancing act in many ways. You always have to remember that you have responsibilities and requirements for both countries, not just one or the other as it suits your convenience.

The benefits of having US citizenship in addition to Canadian citizenship, however, outweigh the liabilities (at least for now), so if you wish to be able to live and travel freely throughout Canada and the US, you may wish to take out US citizenship as well, knowing that your Canadian citizenship is safe and cannot be taken away from you. And yes, I have both a valid Canadian passport and a valid US passport.

To just renew the green card - and remember you are still subject to all of the residency and physical presence requirements of a Permanent Resident which means you really can't live and work anywhere other than the US except for short periods of time - you would file the I-90, re do biometrics and then get the renewed Green card.

Edited May 19, 2010 by Kathryn41

[Brother Hesekiel 2,236]

Pure poetry.

[JimVaPhuong 4,863]

The part in bold is what im having trouble wrapping my head around... Since im renouncing my Canadian Citizenship, then wouldnt it be renounced world wide and not just in the USA? For example, if i got my US citizenship and i wanted to go back to canada to get a canadian passport, would i still be able to get one and theoretically have passports from both countries?

Yes, well, the devil is in the details, isn't it?

Kathryn summarized everything very nicely. The only thing I will add is the legal aspect from the US government's perspective.

The US oath of citizenship contains the renunciation clause. As far as the US government is concerned, you will be a citizen of the United States and nowhere else. The US government will not officially recognize your Canadian citizenship anymore, but as Kathryn mentioned, they also cannot revoke your Canadian citizenship. This does have some effects on you. For example, if the US government arrests you for some reason then they would not be required to give the Canadian embassy access to you. For a truly unthinkable scenario, if the US and Canada went to war against each other, you could be conscripted to serve in the military by either government, or conceivably even by both!

Some other governments also have renunciation clause in their oath of citizenship. As far as the US government is concerned, if you become a citizen of one of those countries, and take that oath, then you have renounced your US citizenship and are no longer a citizen of the United States. Canada, however, does not have a renunciation clause in their oath of citizenship. This means a US citizen can become a citizen of Canada without giving up their US citizenship.

Many Canadian/American couples have done exactly as described above, and become citizens of their spouse's country. They have the benefit of citizenship in either country, and can travel freely between them. They are also simultaneously bound by the unilateral restrictions each country places on it's citizens.

[Moosker 7]

Specifically on the papers I got when I received my PR card stated "after being married for 5 years you can apply for dual citizenship" so you're not denouncing anything? That was my take on it...I also know a few other Canadians who are now dual citizens.

[Kathryn41 3,205]

Just a clarification - you do not apply for Dual Citizenship. You apply for US citizenship and when it is granted, the effect is that you then have citizenship in both countries - dual citizenship. You do not, however, apply for dual citizenship - there is no such application.

Pure poetry.

Aw shucks, Bob! hehe