US citizen brining my parents who are Canadian citizens

[js0622 4]

Ok thanks for your replies everyone. I AM NOT trying to do "everything" illegal so please, I would appreciate if youdon't accuse me of such thing. I'm simply trying to clear up some questions I had. I appreciate the suggestions about one parent doing the ppw and then the other. FYI my brother is done with school and either way it's home school so he would be fine, thanks I did think of that myself prior to writting this. 

29 minutes ago, NikLR said:

As a note as well, once your parents activate their green cards thry are no longer Canadian residents and cannot use healthcare in Canada.  You cant even fill prescriptions from either direction. 

This is not very true, please check the facts before advising... A person can receive Healthcare benefits as long as they are in Canada for at least 6 months and getting the green card doesn't just cancel that. Just saying... This is informative from the official websites. 

[js0622 4]

5 minutes ago, Boiler said:

Wait until your Brother is old enough to look after  himself and then sponsor your Parents.

If that would be something that I considered then I wouldn't write this post..... Thanks. 

[Boiler 45,486]

Then sponsor your brother first and then your brother near when his priority date is current.

[NikLR 13,227]

28 minutes ago, js0622 said:

Ok thanks for your replies everyone. I AM NOT trying to do "everything" illegal so please, I would appreciate if youdon't accuse me of such thing. I'm simply trying to clear up some questions I had. I appreciate the suggestions about one parent doing the ppw and then the other. FYI my brother is done with school and either way it's home school so he would be fine, thanks I did think of that myself prior to writting this. 

This is not very true, please check the facts before advising... A person can receive Healthcare benefits as long as they are in Canada for at least 6 months and getting the green card doesn't just cancel that. Just saying... This is informative from the official websites. 

Actually it is true. Healthcare is based on residency.  You cannot be a resident of both Canada and the USA. 

 

For example for Ontario:

The Ontario Health Insurance Act regulations (Section 552), for which a link is provided below, now state that one must meet three requirements in order to qualify for OHIP coverage:

a)     Possess Canadian citizenship or a specified Canadian immigration status,

b)     Satisfy an Ontario physical presence requirement, and

c)     Make Ontario one’s primary residence.

To learn more about these regulations, visit: http://www.health.gov.on.ca/english/public/pub/ohip/eligibility.html.

Edited November 20, 2018 by NikLR

[js0622 4]

29 minutes ago, js0622 said:

Ok thanks for your replies everyone. I AM NOT trying to do "everything" illegal so please, I would appreciate if youdon't accuse me of such thing. I'm simply trying to clear up some questions I had. I appreciate the suggestions about one parent doing the ppw and then the other. FYI my brother is done with school and either way it's home school so he would be fine, thanks I did think of that myself prior to writting this. 

This is not very true, please check the facts before advising... A person can receive Healthcare benefits as long as they are in Canada for at least 6 months and getting the green card doesn't just cancel that. Just saying... This is informative from the official websites. 

I am aware that dual citizenship is allowed. Where does it say that you cannot reside in both? Let's say 6 months here and 6 month there? I would love to read it myself if you could provide a link. Thanks! 

[SusieQQQ 11,586]

1 hour ago, js0622 said:

Thanks! But why would my parents have to leave my little brother for a a long time once they get approved for the green card? If they apply and do the interview in Canada, they would just have to enter the USA to receive the cards correct? Then nothing is holding them back from driving back to Canada and staying with my bro while they are sponsoring him. Or my brother entering the USA as a Canadian in the visa waiver program he is allowed to stay in the USA for 6 months out of a year anyway. 

You really need to do research. You got a green card the “back door” route and think everyone can do it this way, they can’t. Apart from the good information above about your parents potentially losing their green cards by living elsewhere, they have to prove domicile in the US to sponsor your brother. And he can’t just “stay” in the US on tourist status. Apart from the legalities of misusing tourist status, and him possibly or probably being denied entry given his context, how do you think he is going to practically live a life (school, work etc) that he isn’t allowed to do on tourist status? Is he going to stay at home and play video games all day?

 

You are going to have to accept that your family unit can NOT, legally or practically in terms of immigration law, move as a unit. The suggestion of one parent at a time is the best option under your circumstance. Alternatively it may be best to put off the whole immigration idea until your brother is older. In this case you may as well apply for a sibling petition now so that some years of that are under the belt when they do move and you have more options.

Edited November 20, 2018 by SusieQQQ

[SusieQQQ 11,586]

57 minutes ago, js0622 said:

Ok thanks for your replies everyone. I AM NOT trying to do "everything" illegal so please, I would appreciate if youdon't accuse me of such thing. I'm simply trying to clear up some questions I had. I appreciate the suggestions about one parent doing the ppw and then the other. FYI my brother is done with school and either way it's home school so he would be fine, thanks I did think of that myself prior to writting this. 

This is not very true, please check the facts before advising... A person can receive Healthcare benefits as long as they are in Canada for at least 6 months and getting the green card doesn't just cancel that. Just saying... This is informative from the official websites. 

So they need to be in Canada at least 6 months of the year to receive healthcare, and they need to live in the US for at least 6 months of the year if they don’t want to jeopardize their green cards. Are you starting to see the problem here?

 

US looks at intent, not just letter of law. Using healthcare in Canada as a resident is in itself enough to lose them their green card as it demonstrates intent to be resident outside the US. You have to intend to be resident in the US to maintain LPR status. 

 

no point getting mad at everyone here for pointing out that what you want to do skirts with legalities at best, and is impractical.

Edited November 20, 2018 by SusieQQQ

[Boiler 45,486]

27 minutes ago, js0622 said:

I am aware that dual citizenship is allowed. Where does it say that you cannot reside in both? Let's say 6 months here and 6 month there? I would love to read it myself if you could provide a link. Thanks! 

Will be 7 or so years before they get US Citizenship.

[SusieQQQ 11,586]

2 minutes ago, Boiler said:

Will be 7 or so years before they get US Citizenship.

Or never, if they keep spending 180 days at a time outside the US. They’ll never meet the continuous residence requirement. 

[js0622 4]

Ummmm I am not the one getting mad here. It's you people over exaggerating and saying I am already doing things illegally like I am this terrible person. When in fact I'm not doing anything yet. So everyone can just calm down and just try to give options instead of judging the person about lying and trying to bypass laws. If you are here to do that then ur on the wrong website. This website has mostly helped me with immigration stuff so this attitude I'm getting is quite surprising to me. Did I word something incorrectly? I don't think so. Im simply trying to find out information. Did I ever SAY that my parents will for sure live in both places? Did I ask about citizenship? Did I ask about Healthcare? About suggestions for my brothers education, work? NO I didn't. Actually I didn't need any of this EXTRA  information and assumptions from you. I asked specific questions and in reply I got judgement and accusations. Almost feel like I'm going to jail tomorrow or something.. Calm down people its going to be fine, I will figure it out. Don't worry so much. 

For those who gave me some straight up valid info about what I actually asked about in my question I want to thank you.

[js0622 4]

In addition. I am not bragging that I entered USA and applied from here to adjust status and it work so now everyone can do it. THAT'S WHY I'M ASKING ON THIS POST OBVIOUSLY. I couldn't afford a lawyer at the time and my husband and I didn't want to split for a long time, I didn't even know it was "illegal" so please keep your judgement to yourself when you don't even know the situation or anything. This website is for questions that people are not sure about right? So i'm comfused why you are all freaking out..... 

[js0622 4]

53 minutes ago, SusieQQQ said:

So they need to be in Canada at least 6 months of the year to receive healthcare, and they need to live in the US for at least 6 months of the year if they don’t want to jeopardize their green cards. Are you starting to see the problem here?

 

US looks at intent, not just letter of law. Using healthcare in Canada as a resident is in itself enough to lose them their green card as it demonstrates intent to be resident outside the US. You have to intend to be resident in the US to maintain LPR status. 

 

no point getting mad at everyone here for pointing out that what you want to do skirts with legalities at best, and is impractical.

Never said I want to do that..... Fyi

[js0622 4]

Thanks for all of your replies anyway. I have found what I needed.  

[aaron2020 11,651]

1 hour ago, js0622 said:

I am aware that dual citizenship is allowed. Where does it say that you cannot reside in both? Let's say 6 months here and 6 month there? I would love to read it myself if you could provide a link. Thanks! 

Dual citizens can indeed do what you described.  

 

Your parents are not dual citizens.  So, what you described does not apply to them.  The terms of being LPRs applies to them, and those terms requires them to make the US their primary home.  

[js0622 4]

2 minutes ago, aaron2020 said:

Dual citizens can indeed do what you described.  

 

Your parents are not dual citizens.  So, what you described does not apply to them.  The terms of being LPRs applies to them, and those terms requires them to make the US their primary home.  

not sure when I said anything about them become dual citizens. ( I only gave a "scenario" in reply to the Canadian healthcare thing because I didnt exactly agree with that post) it was unrelated to LPR... but I get it. Thanks!