CR1/IR1 Montreal FAQ

[DGF 730]

CR1/IR1 Montreal FAQ (last updated May 17th 2021) 

 

This is a write up of the information shared in the “CR1/IR1 waiting for Montreal Interview” group chat and thread. The most recent thread can be found here:

 

It does not include any medical or interview reviews because for the most part they are also posted to the forums or the consulate review page.

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COVID-19

Is Montreal currently rescheduling interviews?

Yes. Montreal announced on August 18th 2020 that starting the same day they would gradually be rescheduling interviews for spouses and children who had interviews scheduled in March and April 2020. They confirmed on August 27th that they would proceed with cases at the NVC once they finished rescheduling cancelled interviews. Rescheduling of cancelled interviews (that we know of) concluded on September 10th.
“I spoke with my lawyer about why they didn’t fill the month of may yet. And she said that it looks like it’s becoming common practice with most consulates/embassies now that they are scheduling for the next 2-4 weeks only. They would rather wait and see what the situation looks like covid wise than schedule everyone only to have to cancel later.”

 

Has Montreal started working with the NVC to schedule new interviews?

Yes! They sent out the first batch of ILs on October 13th 2020.

 

Do I still pick up my medical results?

All panel physicians are sending results electronically as a result of the pandemic. Results received after the interview will take ~1 week to be processed.
 

My police certificate expires close to my interview, does it need to be valid until I enter the US?
Although one user was told that it did, no one else has encountered this issue. It would appear that it only needs to be valid for the interview.

 

I’m not able to get my spouse’s tax transcript for 20__, is their tax return ok?
“You don't need a US tax transcript if you have a photocopy (or PDF printout) of the complete 1040 and accompanying schedules available instead (i.e. the whole tax return).  I couldn't get transcripts online because my last filing address was Canadian. So my wife took a copy of my 2019 tax return (I also sent the 2018 because I had uploaded that to CEAC a year ago--they took it, but I don't know if that was needed) and a copy of relevant W2, 1099 forms, etc.”

If your filing address is Canadian you will be unable to use the online transcript service and will need to use the “Request by Mail” option which is free and should take around 10-15 days to get to you.

 

The information on my DS-260 has changed since I submitted it. How do I let them know?

For mailing address changes you can email the consulate to let them know. If you have a rescheduled appointment, you can also update the address at https://ais.usvisa-info.com/en-ca/iv (main page click "Continue" in the top right, then Update Delivery Location button). For additional travel to the US, consider bringing the beneficiaries record of travel from https://i94.cbp.dhs.gov/I94/#/home (click on the “view travel history” tab) to the interview. For all other changes, be prepared to answer questions about them at your interview. 

 

What is the interview process like during COVID?

The process is the same as before but with additional health precautions. You will be required to wear a mask and answer a few COVID screening questions before entering the consulate (have you been out of the country in the last 14 days, do you have any symptoms, etc). The waiting room is very spaced out and there is hand sanitizer available. The masks can make it hard to hear each other but the windows where you will hand in your documents and have your interview have speakers so you will be able to hear the officer.

 

Will they shut down again?

This is always an unknown but up to date alert levels in Quebec can be found here. Here is a list of current restrictions in Montreal: https://www.mtl.org/en/covid-19

 

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Police Certificate

 

How long is my police certificate valid for?

1 year

 

Which police certificate is the correct one?

This is currently in the process of changing. If you have the older one but it is still valid you are all good.

See: https://www.visajourney.com/static/images/uploads/monthly_2020_11/9242748B-A2F2-44DF-B6B4-C3CDD253466C.thumb.jpeg.1435384a5aae044ec8a9f74b7a0888f3.jpeg

 

My police report doesn’t have fingerprints on it, is this the wrong one?
It is fingerprint based, but will not have fingerprints on it. If there are fingerprints on yours, you have the wrong one. 

 

What do I ask for?

The requirements can be found here: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Canada.html

 

How do I get a certified police certificate?

This is the cause of a lot of confusion. The police certificate itself won’t be certified (it won’t have a stamp or seal) but we figure it is certified in the sense that it is vouched for by the RCMP.

 

Do you have a recommendation for where I should go?

Many members have had luck going to their local Commissionnaires. If you are in Brampton/Mississauga/Kitchener, Frontier 1 has also been recommended as they have online appointment booking and know which certificate is correct.
COVID NOTE: Commissionaires is currently by appointment only. You must arrive within 5 minutes of your appointment, no earlier or later. Masks and COVID screening is required. 

 

Wait, the NVC accepted my police certificate but you’re saying it’s the wrong one?

The NVC is for the most part still accepting the wrong police certificate (a few members have reported it being rejected, but it’s not the norm yet). Regardless, you will need the correct police certificate for the interview. 

 

The NVC accepted the wrong police certificate but I got the correct one before my interview, what now?

Bring both to your interview as they’ll want to see both.

 

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Public Charge

 

Do I need to bring the DS-5540 to my interview?

No. This was overturned by the supreme court.

 

Do I need to bring proof of health insurance?

This is not something that is currently requested by the Montreal consulate.

 

I still want to bring proof that I can be on my spouse’s insurance. What should I bring?

A letter from your spouse’s HR dept (if employer based) or insurance provider (if not employer based) stating that they have coverage and that you can be added within 30 days and under what qualifying life event you will be added (i.e. immigration) should suffice. 

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Interview Scheduling

 

When are interviews assigned?

Usually in the third week of the month, on a Monday or Tuesday. There are exceptions to this though. A month by month breakdown is on the spreadsheet. 

 

Will they schedule two days in a row?

They have in the past, but probably not. If they have scheduled until the end of the month, they are done. 

 

I got my IL but my child doesn’t have one, or vice versa. What do I do?

Montreal usually sends out IL for children/parents the day after the child/parent receives their IL. They will be for the same date and time. If they do not or if they are not at the same time, call them and they will fix it (they do not want to separate parents and children at interviews).

 

Can I see how many interviews were scheduled previously?

Yes, this information is publicly available here: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

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Interview Registration

 

My interview letter says not to book travel but I want/need to travel before my interview, what now?

This is in reference to not booking any travel for moving to the US before you have your visa in hand since you may go through a long AP or get denied. You are free to travel before your interview. 

 

Where do I go to register my appointment?

https://ais.usvisa-info.com/en-ca/iv/information/iv_services

 

I got my interview letter but the website says “not ready for an appointment”, help!

It can take 24-72 hours for the appointment registration to work properly.

 

What option do I select when registering for the return courier?

“I have received a Consular interview appointment date from the National Visa Center (NVC) or the Kentucky Consular Center (KCC) and I have been instructed to register my appointment on this site.”

 

Where can I find my DS-260 confirmation number?

It is at the bottom of the barcode on the confirmation page. 

 

I live in/close to Montreal, can I pick up my passport at the embassy?

No.

 

Is premium service faster?

Nope. Premium service just means it gets delivered to your home rather than the nearest pick up point.

 

Where can I find a list of pick up points?

https://ais.usvisa-info.com/en-ca/niv/information/courier_dropboxes

 

What courier does the consulate use?

Purolator for premium service, Canada Post otherwise. 

 

Will I get a physical interview letter in the mail?

Nope, just the email.

 

I want to reschedule my interview, how do I do that?

Please read this thread: https://www.visajourney.com/forums/topic/635217-guidance-on-how-to-reschedule-interview-date-for-cr1/

It is strongly advised that you do not reschedule, unless it is an emergency or you are willing to delay your interview for a few months.

Here is a user’s experience from early 2021:

“Hi, All.  I was able to reschedule - but because of Covid, it's a lot more complicated than the link that is provided in the FAQ's.  When I realized I wasn't able to make my March 1st appointment (after much anxiety and sleepless nights), I emailed Montreal (the email they recommend to use) and gave them my information - my passport #, my Case # and forwarded my interview email from the NVC.  I told them my reasons (too short notice, working in states, young children traumatized by last 8 mo separation from father, etc).  They cancelled my interview.   I went to sign in at the interview scheduling website - and they said I needed to schedule an appointment - and that there were none available at the time.  Weird, I was expecting to see a calendar, but whatever.  I kept checking.  At the end of February I received another date  - April 9.  Well, that's nice and all, but I'm here in the states under an r-class work visa (I'm a pastor) and April 9 is right after Easter...and I can't leave here during the most holy celebration/feast to quarantine and have all my appointments.  So, I emailed the consulate again and this time I was first given the following email: "The U.S. Consulate General in Montreal does not handle re-scheduling interviews. Any questions about scheduling/re-scheduling the appointment or any issues with the website of our appointment services contractor should be reported directly to the Official U.S. Department of State Visa Appointment Service using the contact details here https://ais.usvisa-info.com/en-CA/iv/information/contact_us" On the scheduling website it says their call centre can reschedule appointments.  So, I called them, however, the person I talked to at the call-centre said that, no, the Montreal consulate will reschedule the appointment only after I miss the April 9 appointment.  Ok, that's not what happened last time - but ok.

Yesterday I received another email from Montreal saying: Good morning, Thank you for the notification. Our Visa unit will contact you with appointment availability in late April and May 2021. “

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Medical

FYI: A user has noted that the address listed for Medisys (500 Sherbrooke W) is incorrect and you should use the address on Google instead. 

 

What vaccines do I need?

1. Tetanus-Diphtheria (Td/Tdap) (Must have had done in last 10 years)

2. MMR (Measles, Mumps, Rubella)

3. Varicella (Chicken Pox) (If had Chicken Pox before not needed)

4. Hep A and Hep B ( Must have at least the first shot)

5. Covid (Must have 2 shots)

6. Flu Shot (Nov-March only, though Dr. Cheema in Surrey notes that it is needed from October-February)*

*If your medical is in March but your interview is in April, you will still be required to get a flu shot.

 

I can only get the first dose in a series vaccine before my medical. What should I do?

This is fine (as confirmed by Dr. Zatzman’s office). You will still need to get the remaining doses but your medical will not be impacted.

 

Do I need to bring passport photos?

If you are going to Dr. Cheema in Surrey they will take a photo of you there so they are not required. Other panel physicians do still require passport photos.

 

My interview is in November but I wasn’t able to get a flu shot before my medical, is that ok?

If the doctor has flu shots available they will give you one at your medical. If they are not available, they can provide a waiver. 

 

Is a flu shot from a pharmacy (such as Shoppers Drug Mart) ok or do I need to go to my doctor?

A flu shot from a pharmacy is fine. 

 

How much does the medical cost?

It depends on which doctor you go to and if you need any additional vaccines. Dr. Cheema is $350 without additional vaccines.

 

I’m pregnant, how will that affect my medical?

One user reported the following experience:
“I did not get any vaccines, as I am currently pregnant. I still had to do the chest x-ray (you can refuse, but then your visa application halts until you get the x-ray). The technician let me know it's about the same amount of radiation as if I were to take a plane to Europe, plus she gave me a lead "vest".”
Additionally, different physicians have different requirements for pregnant applicants that may take extra time to complete (such as getting a note from your doctor). Please check in advance to confirm if the physician you are seeing has any additional requirements. 

 

Any additional tips?

If you are going to Dr. Cheema, the lifelabs location that he uses is quite busy and can have a multiple hour wait. You should look to see if they have any appointments available (through the lifelabs website) about 60-90 minutes after your appointment with Dr. Cheema. If they do not, it is recommended to use the save my spot feature so you can be moving forward in line while at Dr. Cheema’s and the X-Ray place. Dr. Cheema currently has reserved appointments with LifeLabs and will provide you with an appointment for after your medical. 

The Lifelabs in Surrey is currently by appointment only, so an appointment should be made for 1.5-2 hours after your medical.

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Interview Process

 

Can my US spouse attend the interview with me?

No. Only the beneficiary attends the IR1/CR1 interview. Spouses cannot even enter the building. There is a Second Cup around the corner from the consulate where spouses often wait that is now colloquially referred to as Spouse Purgatory.

 

I heard I should show up early, is that still true?

No! When the consulate moved locations they stopped allowing people to show up early. It’s recommended that you show up no earlier than 5 minutes before your scheduled time. 

 

My kids are immigrating with me, do I need anything from their other parent?

Yes. You will have to provide proof that they are allowed to immigrate with you. A notarized letter signed by the other parent and a copy of your custody agreement (if there is one) has worked for members in the past. 

 

I am not a Canadian citizen, do I need to bring anything extra?

Yes. Bring your PR card/work permit/proof of status in Canada, and a copy. It is also recommended that you bring a copy of your resume. 

 

Do I need to bring photos?

Yes, you need 2 recent (within the last 6 months) US sized passport photos. It is not required that they be stamped, but it is recommended.

 

Will they keep any original documents?

Temporarily. When you are called up to the document window they will keep the documents that they request, but at the interview window you will receive them back. Documents that they don’t return to you at the window will be mailed back with your passport (e.g. an updated police certificate).

 

What should I wear?

There is no dress code and you don’t need to dress up, but it is recommended that you wear clean, appropriate (e.g. no vulgar graphic tees) clothes. 

“I wore dark jeans and a plain blouse to my interview and many others were wearing jeans and a sweater, button up, or even a plain t-shirt, it was very casual. Honestly, just wear something plain, clean and without holes and it will be totally fine. No need for fancy hair, make-up, jewelry, or anything special. No dresses or heels, no suits or ties. You will be sitting in a hard plastic chair for 90% of the time you are there and the rest of the time you will be standing in line to get in, or standing at the window for the interview part. Just be comfortable because you could be there for up to three hours. Plus, the employees are behind huge thick windows/chest high walls and basically cannot see what you are wearing at all, certainly nothing from the waist up. The other employees there are security guards in uniforms, and they don't care what you look like.”

 

How long does the interview take?

The actual interview itself is usually less than 5 minutes. However, you should plan to be in the consulate for ~2-3 hours (though some are quicker and some are slower).

 

What documents will I be asked for?

This changes for everyone. This is not an exhaustive list, but a good place to start is with the following:

• Passport
• 2 pictures
• Medical report
• Birth certificate
• Marriage certificate
• Divorce papers (if applicable)
• Police clearance/s
• I864 (it does not matter if the expiration date of the form is expired at the time of your interview as long as it was the most recent version of the form available when you filled it out and submitted it to the NVC). 
• Income tax return and W2
• Petitioner birth certificate (if born in US) or proof of status
• If you have previously lived in the US on any visa (excluding B1/B2 since that is a visitors visa) bring proof as you may be asked to show it. Remember, it is always better to have a document and not need it, than need a document and not have it. 

If any of these documents have changed it may save you time at your interview by uploading them to CEAC ahead of time. If you don’t it won’t cause any problems, they’ll just scan them at your interview which can take more time. 

 

Do I need to bring additional documents for my joint sponsor?

You will need their 1040 and proof of their legal status in the US. If your sponsor files their taxes as "Married Filing Jointly" you will need their W2s so that they can determine if the income listed on the 1040 is from the sponsor, or from their spouse. If the sponsor files as single, then you don't need W-2s.

 

Do they have vending machines? Drinking fountains? Washrooms? 

They do not have vending machines but drinking fountains and washrooms are available.

 

Are there any security measures?

Yes, the security measures are exactly the same as at the airport. Coats off, empty pockets, all things through an x ray, walk through metal detector, etc. 

 

I read that I can’t bring my phone in, where do I leave it?

There are lockers for small devices (phones, car remotes, etc) but it appears that once these are full they direct people to a nearby mall to store their devices there. The mall has lockers which are $1 to rent until 9pm. 

 

Can I bring a bag?

Small bags are ok, but large bags are not allowed and cannot be stored at the consulate.

 

Wait, I can’t bring my phone or large bags? Are there any other rules?

https://ca.usembassy.gov/u-s-citizen-services/security-procedures/?_ga=1.245784708.1068573271.1430745955

 

Can I at least bring my coat with me?

Yes. You can bring it upstairs to the interview, but you will need to take it off when you go through security.

 

How will I know when it is my turn to give in documents or be interviewed?

Your name will be called over a loudspeaker.

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AP/Interview Issues

FYI: If you are given a 221g, CEAC will now say “Refused” so that it more accurately reflects the 221g letter. This is a new change (March 3rd 2020) so older posts about CEAC saying “Refused” may not be relevant. 

 

Has Montreal rejected anyone?

Yes, for youth criminal charges. They were able to successfully appeal their denial and are pending a second interview. The majority of rejections are temporary however and are covered in more detail in the next question.

 

What reasons do people get temporarily refused for?

From our group, we have seen the following:

• Document was a copy and not the original
• Lack of domicile (bring as much as you can but it would appear that a formal lease (not just a letter) is what they are looking for)
• Incorrect police clearance
• Presidential Proclamation 9645 (aka the travel ban)
• DS-5535 requested (due to work/education history)
• A name hit requiring the FBI to do further checks (user googled themselves and found “some pretty bad dudes came up”)

 

I was missing a document and have to submit it after my interview. How long will this take to process?

The official line is USUALLY 6 weeks (but up to 8). Your status will be “administrative processing” in the meantime. 

 

I have previously held a US visa, will this affect me?

Maybe. One user whose spouse previously held a J1 visa was told it would take 3-4 weeks to receive the visa because they have to confirm the J1 was cancelled properly (it ended up being issued in a week). That is the only report we have of a previous visa causing a potential delay. 

 

I was given a 221g for missing documents but I can’t figure out what to do next?

Log into the AIS website and click the button that says “send documents” (beside the header). It takes you to a page that says ‘consulate directed me to send more documents’. Click that, follow the directions, and print off the receipt. Take that to the post office you selected, they know what to do from that point to send your documents. 

 

Have any interviews been cancelled?

Yes, there was a user who had their interview cancelled due to temporarily not having status in Canada (which is a requirement for the interview). This is the only non-wide scale cancellation we’ve heard of. There were also a few interviews rescheduled due to the consulate moving, as well as all interviews being cancelled due to COVID. 

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Visa Status (Post Interview)

 

How will I know the status of my visa?

Your case will go through the following statuses in CEAC:

1. READY
2. ISSUED (with a note saying “Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. As the officer told you in the interview, if further information is needed, you will be contacted. If your visa application is approved when administrative processing is finished, you will receive notification to collect the passport with the visa from the Loomis branch you selected when you booked your appointment. For more information, please visit TRAVEL.STATE.GOV.”)
3. ISSUED (with a note saying “Your visa is in final processing. If you have not received it in more than five (5) working days, please go to https://ais.usvisa-info.com/en-CA/selfservice/us_courrier_information to track your courier waybill. For more information, please visit TRAVEL.STATE.GOV”)

NOTE: Your status might say “refused” instead of “administrative processing”. This is as a result of the new wording (as mentioned in the AP/Interview Issues section) and is normal as long as you were approved at your interview. Your tracking number will come from “donotreply@usvisa-info.com”.

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Visa In Hand

 

How long do I have to activate my visa?

6 months from your medical date.

 

Do I need to pay any more fees?

Yes, you need to pay a $220 immigrant fee, which can be paid either before or after you enter the US (processing of your physical green card won’t start until both the fee has been paid and you have activated your visa). You may get an error that says “We could not find the A-Number and/or DOS Case ID you entered” in which case wait 5 days after approval before trying again and then contact USCIS if the issue persists. 

 

Where can I pay the immigrant fee?

https://my.uscis.gov/uscis-immigrant-fee/

You’ll need your case number and your alien number from your visa. You can pay by credit card or US bank.

 

Where can I find my alien number?

It can be found on the visa in your passport and starts with A# or is listed as the “registration number” immediately below your IV Case Number. Further information about how to find your A number and case ID can be found here: https://www.uscis.gov/forms/filing-fees/uscis-immigrant-fee/immigrant-fee-payment-tips-on-finding-your-a-number-and-dos-case-id

 

My visa has 212(g)(2)(B) as an annotation, will I have problems at POE?

Nope! This is common and won’t cause any issues at POE.

 

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Prepping for Move

 

Do I have to close my Canadian bank accounts?

No, but there are a few things to keep in mind.

• You will have to file Fincen Form 114 to report your Foreign bank accounts, which is different from your tax return
• You get charged on certain investment accounts if you are not a resident of Canada (e.g. TFSA, RRSP, RESP, etc)

 

Do I have to have a list of my belongings when crossing the land border?

Yes, but it doesn’t have to be every single item. Something like this to hand to the agent has worked for users:

• Box 1: Clothing Box 1 (shirts, pants) value ~ $300
• Box 2: 20 Textbooks, value ~ $1000
• Electronic items: 50" flat screen tv, value ~ $750; computers, etc. 
• Furniture items: couch, value ~ $500

 

Can I bring my car? (Update As of Jan 2023 Lexus Canada will not give compliance letters to import your car. Do not buy before you move and think about selling if you can.) 

Yes. To import your car, you need to provide the following: Canadian registration for the car, bill of sale, proof of ownership, DOT form HS-7 + EPA form 3520 (safety & emissions compliance). Automobiles are generally subject to duty of 2.5% of their current value when they are imported to the US. However, vehicles manufactured in NAFTA countries (Canada, U.S. and Mexico) are usually exempt from this duty. 

You have a year after you move to import your car into the US (although your Canadian insurance might not cover you in the US and you won’t be able to register it until you have imported it). You cannot import a car that is leased or not fully paid off if the dealer is the one you owe, but you may be able to with permission if it is through a 3rd party auto finance or bank. 

Recommended reading:

https://cars.lovetoknow.com/Can_I_Take_my_Canadian_Car_to_the_US_to_Stay

https://www.cbp.gov/trade/basic-import-export/importing-car

 

What is the best way to exchange my money?

A user suggested a technique called Norbert’s Gambit through a discount brokerage called Questrade. You need to be a Canadian resident in order to use Questrade so it needs to be done before POE. If you are just looking to transfer money easily, Transferwise (now called Wise) has been suggested. 

 

Are there any scams I should look out for when shipping my car?

“A friend of mine [took their shipped] car in today for routine service and discovered the tires were dangerously worn/not road safe at all. Well it came as a huge surprise to them since the tires and car are only 2 years old. Turns out during the transport, someone switched out their good new tires for ones that were assessed to be likely 10 years old. They were mortified they didn't notice 2 months ago when they first got the car delivered, and are filing a complaint with the company, but who knows if it will go anywhere. They did learn that this type of crime isn't that uncommon when transporting cars. So probably worth your time to take a few pictures and notes about any vehicle you plan to ship.”

 

What is the cheapest way to move my belongings?

U-Pack (good reviews for both dropping off at a depot, and using the pods). 

 

Are there any tricks if I don’t have any furniture and am flying in?

Look at prices for first class tickets. They usually include some baggage (often at a higher weight limit) and might end up saving you money in the long run. 

 

Does my credit transfer over to the US?

Nope! There are a few ways to deal with this:

• Open an account with a bank that offers cross border banking (TD, RBC) and set up a US bank account and credit card. You still won’t have US credit, but you’ll be able to open a credit card based on your Canadian credit rather than getting a secured card
• Get added as an authorized user on your spouse’s credit card (only if they have a good credit score). You still won’t have any credit history, but their score will transfer to you
• American Express Global Transfer
• Pay for a secured card

I visit my spouse in the US often, can I start bringing my belongings down when I visit?

Nope. This is not allowed until you have your visa. Once you have your visa you have one year to move your car and ten years to move your belongings. 

 

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POE

 

Will I get a 2 year or 10 year green card?

It depends. If you have been married for more than 2 years by the time of your interview, you will be issued an IR1 visa and a 10 year green card. If you were married for less than 2 years by the time of your interview, but more than 2 years by the time you POE, you will be issued a CR1 visa but receive a 10 year green card. If you have been married for less than 2 years by the time you POE, you will receive a CR1 visa and a 2 year conditional green card. 

 

My POE was after we had been married for 2 years, but I got a 2 year green card instead of a 10 year green card. What do I do?

If you receive the wrong type of green card, file form I-90 and indicate that you are filing because your card contains an error due to a Department of Homeland Security error (this will also waive the fee). 

 

Can I visit the US as a tourist (rather than activating my visa) once I have my passport back?

Don’t rely on this. Sometimes the border officer will allow it, but this is not standard procedure. 

 

What should I do when I get to the border?

Tell them that you are activating an immigrant visa. You’ll be pulled into secondary for processing but they will be nice to you. This will likely take a few hours, so make sure you leave yourself plenty of time.

 

Can I cross to activate my visa and then return to Canada and do a full move later?

Yes. But note that the moment you cross the border you are a resident of the US and not of Canada. You will not be covered by your Canadian healthcare and will need travel insurance (Canadian healthcare can be quite expensive if you are not a resident). This is because you have to be moving permanently when you activate your visa. Crossing to activate your visa and then going home isn't technically allowed even though we do see it happen. Moving permanently but then visiting to tie up loose ends is allowed, but is not enough to satisfy the requirements to keep healthcare.

There are also tax implications if you are still working in Canada during this time and it is best to involve an accountant. The date you activated your visa will be your departure date for the CRA and not the date that you do your final move. 

 

I am a Canadian PR, do I have to do anything special?

Canada has specific residency requirements that one must meet to keep PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html Canada cannot revoke your PR status unless you fail to follow these rules, and even then your case must be reviewed by a judge who will determine if you are still a PR. If you know you cannot meet the residency requirements, it is recommended that you voluntarily renounce your PR to avoid the hassle of having your PR reviewed to determine if it is still valid.

As a result you can concurrently hold Canadian PR status as well as LPR status in the US, although it is tricky to balance the requirements of both. You will be required to prove that the US is your permanent home (as moving to a new country and intending to live there permanently counts as abandoning your LPR status) while also spending 730 days out of the last 5 years in Canada. Maintaining your Canadian PR status will not allow you to retain your eligibility for provincial health care so travel insurance will be needed for those 730 days, and claiming you are a resident to use provincial health care could lose you your US LPR status. If you wish to take this route, further information on how to prove ties to the US and avoid accidentally abandoning your status can be found here: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

 

I didn’t get a packet! What do I give the border at POE?

Packets are now electronic. All you need to give them is your passport with the visa inside. 

--------------------------------------------------------------

 

After POE

 

Can I travel/work once I’ve entered the US?

Yes! Your visa will be stamped at POE, and that stamped visa acts as a temporary green card, until the actual card arrives in the mail.

 

My spouse’s insurance doesn’t accept immigration as a qualifying life event, what now?

Some users have had luck using “loss of existing coverage” (their provincial healthcare) as the qualifying life event. 

 

Can I still use my provincial health insurance after I move? It says that I will still be covered for 3 months after a move.

No. That coverage does not apply to moves to the US. Once you activate your CR1/IR1 visa you will be a permanent resident of the US and therefore cannot be a resident of Canada (which is required to get provincial health insurance). If you try to claim residence in both countries, you will create tax issues and you risk losing your permanent resident status in the US.

 

Can I get EI after I move?

https://www.visajourney.com/forums/topic/8-the-canuck-ei-thread/

 

How long until I get my SSN?

Even if you selected “yes” to receive your SSN on the DS260, you may not get one. If you don’t have your SSN 3 weeks after POE, go to your local social security office (during COVID this requires an appointment) to inquire about it. If you didn’t select “yes”, you’ll have to go in person regardless. It will take about 10 days after that. 

 

Can I convert my _____ licence to a ______ licence?

This depends on your current province and what state you’ll be moving to. You’ll need to contact your local DMV for more details. 

 

What name will be on my green card?

SSN, DL, State ID will be the same as your GC name. GC name will be the same as your visa name. Visa name will be the same as your passport name. 

 

When will I receive my green card?

Within 120 days. A user’s advice for delays: 

You can check your application status by creating My USCIS account. One of the problems for a delay in getting your green card is "lost visa packet". For Canadian applicants, the US Consulate provides electronic visa packets and sends them directly to the Department of Homeland Security. The service centre who initially approved your spouse’s visa petition is responsible for issuing the green card. The service centre expects a physical packet to process the application. Since the packet is electronic, they don't put effort in to get the packet and instead mark the application incomplete with "lost visa packet". Best thing is they don't even inform the applicant even after the limit of 120 days. The Texas Service Centre is notorious in losing visa packets and delay in issuing green cards. If you don't get your green card after 120 days then there is a bit of a long process to get things done. Below are the steps:

1. Send an email to USCIS for reason of delay.

2. Fill the online form to inquire about your application being outside processing times. Select OS155A for the type of request.

3. Once you get a reply and get to know the reason for the delay, call USCIS to get an Infopass appointment at your local USCIS office. You may need to explain the situation to the USCIS agent and it may be a struggle to get an appointment.

4. At your Infopass appointment, carry your all docs and ask them to create a physical packet for you and to send it to the service centre.

5. Then wait for at least 2 weeks to check again.

 

I have NEXUS, how do I update my address?

You need to visit your closest enrollment center. You may need an appointment for this, depending on how busy your closest center is. 

 

Help! ______ is asking for my I-94 but I can’t find it. What happened?

Green card holders cannot hold a valid form I-94 as those are for nonimmigrant admissions only, therefore the I-94 online site will no longer work. Your visa/green card should be used to prove status in lieu of an I-94. If you need your CBP travel history you can submit a FOI request to the CBP to get it at https://foiaonline.gov/foiaonline/action/public/home

 

Anything else?

“TURN ON TEXT NOTIFICATIONS FOR YOUR AMERICAN CARDS!!! In the US, many places still bank in the 90’s”

Google Fi is the most recommended US cell provider in the group

 

--------------------------------------------------------------

 

General FAQ

 

How many days can I be in the US each year?

You can be in the US for as many days as CBP allows. The standard is 6 months per visit but this may be shortened at the discretion of the CBP officer. As for frequency of visits, travel.gc.ca states “There is no set period that you must wait to re-enter the United States after the end of your authorized stay. However, if a CBP officer suspects you are spending more time in the United States than in Canada, it will be up to you to prove to the officer that you are a temporary visitor, not a U.S. resident”. The usual advice is to be in Canada for at least twice as long as you were in the US, but there have been cases where individuals have not followed this and had no trouble re-entering the US. Additionally, the IRS has their own rule called the substantial presence test that is used to determine if you are considered a resident for tax purposes. It takes the amount of days you have been in the US in the current calendar year (if over 30 days), plus 1/3rd of the days from the previous calendar year, plus 1/6th of the days from the calendar year before that (e.g. if you spent 30 days in the US each year, you’d add 30 days from 2020, 10 days from 2019, and 5 days from 2018). If this adds up to 182 or more, you need to file US taxes for the current tax year. Being a resident for tax purposes does not affect your visa. 

Here’s another good explanation: https://www.visajourney.com/forums/topic/748289-ir-1cr-1-montreal-dqd-private-message-group-goes-public/page/89/?tab=comments#comment-10301360

 

If I can be in the US for more than 6 months in a year, what happens to my provincial health insurance?
This should 100% be something you check with your province, but for example BC allows residents to remain eligible despite being away for up to 24 months in a 5 year period (more here: https://www2.gov.bc.ca/gov/content/health/health-drug-coverage/msp/bc-residents/managing-your-msp-account/leaving-bc-temporarily)

 

I don’t know what __ means!

DQ = documentarily qualified

CC = case complete (old term for DQ)

IL = interview letter

POE = point of entry

AP = administrative processing

AOS = affidavit of support

PD = priority date

RFE (FE for NVC) = request for evidence

You may see these being used elsewhere in a way that makes no sense. There are a few that overlap with other visa types, but this is what they mean for CR1/IR1. 

 

I need a translator! Do you have any recommendations?

Aaron Marchand to translate French to English. His price is $0.20/word, and he will provide you with both a physical copy embossed with his certification of official translation, and a digital copy. His email is amarchand@fastmail.com.

Betty Howell (Traductions Betty Howell Inc). The cost is $35 for a form. Phone: 514-738-9976. Does rushes. 

 

I don’t live near Montreal. Can I interview somewhere else in Canada? What about Vancouver?

There is only one consulate in Canada that does the interview and that's Montreal. 

 

Where is the Montreal consulate?

1134 Sainte-Catherine Street West

Montreal, QC 

H3B1H4

 

Do I need to upload any additional documents to CEAC?

If you are a Canadian PR, you should upload proof of status. There have been instances where Canadians have been required to provide this to the NVC and it will be required at the interview. 

 

Do my photocopies have to be in colour?

Black and white is fine. 

 

Some of my documents are in French. Do I need to get these translated since French is spoken in Montreal?

Yes. The NVC does not require them to be translated since French is an official language of Canada, but the consulate requires them to be translated. 

 

Is ______ a good reason to expedite?
Montreal is a strict consulate in terms of approving expedites and they are not commonly granted. That being said, the following are reasons that USCIS may accept for an expedite:

• USCIS may consider expediting a benefit request if it meets one or more of the following criteria:
• Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s of applicant’s failure: (1) to file the benefit request or the request to expedite in a reasonable time frame; or (2) to respond to any requests for additional evidence in a reasonably timely manner;
• Urgent humanitarian reasons;
• Compelling U.S. Government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests); of
• Clear USCIS error.

 

I don’t have 5 years of proof for CRBA. What can I do?

You can do an online FOIA request that may help you.

 

I requested an expedite, how long will it take to hear back?

It depends. Some users have heard back in as little as 5-10 days, others have had to wait 3 weeks. Montreal is not liberal with allowing expedites though, so unless it is life or death it will likely be denied. 

 

I’m going to have a baby before POE (congrats!) What do I need to know?

The good news about having a baby in Canada born to a US Citizen (if they qualify for CRBA) is that the baby gets US citizenship super easily. Once you receive the baby’s birth certificate, there is a paper application, a filing fee, and a quick interview at a US Embassy. It then takes ~2 weeks for their US passport to arrive. To qualify for CRBA, you must demonstrate that the US citizen parent was physically present in the US for five years, two of which were after the age of fourteen. Note: The US citizen parent must be present at the Embassy interview. 

 

Edited October 31, 2023 by Ontarkie
Updated information and links

[Ontarkie 14,304]

Thank you for taking your time to do this. This is very helpful to our members who just like to read and our non members who also prefer to read the forums. 

[Jay&Sid 211]

@DGF

 

I really appreciate the efforts you have contributed to pull this FAQ.

One can walk through whole process from NVC DQ to visa issuance at a glance. 

Awesome work!

[Ptitchou 117]

Thanks for all the info and the effort! Bookmarking this in case it doesn't get pinned again. 

[Ontarkie 14,304]

~~Thread cleaned up~~

[Kai G. Llewellyn 838]

There is a part of this FAQ that is dangerously wrong and that is the part that you *have* to formally renounce your Canadian PR. This is wholeheartedly incorrect. It is legally possible to maintain Canadian PR and US PR by being in compliance with the obligations that both countries set out.

 

For Canada, this one is simple. You must be physically present in Canada for 730 days in a 5 year period. You don't have to be an actual resident of Canada, but merely just present on Canadian soil. This could be harder for LPR's that are far from the US border, but for those who are within relative proximity to Canada while living in the US, and potentially working in Canada can maintain both PRs.

 

For the US's requirements, you must demonstrate especially well your ties to the United States. I.e. drive a US Plated vehicle, use a US Drivers' License, hold money in US Bank accounts and have close family ties in the US. You must also try to spend as much time as you can in the US, especially if you want to gain eligibility for US Citizenship. In general, CBP's enforcement of maintaining ties to the US have been pretty lax, and so long as you maintain a residence in the US and have ties there, they don't care what you do in Canada. Lawyers often advise a Re-Entry Permit to help protect your PR, which isn't a bad idea, but so long as your intentions remain to live in the US while spending 730 days in a 5 year period in Canada, you can maintain both PRs.

 

Some Canadian border officers argue that you can't have both, however, they are in the wrong here. So long as you are in compliance with the Canadian Residency Obligation you cannot be touched and enter Canada by right. There are no avenues within existing Canadian Law to revoke PR on the basis of gaining PR elsewhere. Equally, CBP cannot touch you so long as you provide convincing evidence that your place of domicile and permanent home is in the US and demonstrate a continuing intention to return.

 

Regarding Provincial Healthcare. The jury is out on that one. I haven't heard of anyone losing US LPR status on the basis of gaining and using Canadian healthcare, however the Provincial Authorities may, if they discover, that you aren't Canadian domiciled, come after you for the costs of the healthcare you used. The Provincial Governments cannot share information willy-nilly with DHS. If you happen to have a secondary residence in a Canadian province and work in Canada, thus paying Provincial Tax, but maintain all other residential ties in the US, again, not sure whether that's allowed. For BC to be eligible they say a person must "make his or her home in British Columbia", but it is silent on whether that means principal residence.

Edited September 23, 2020 by CanadaDude
Adding in sentence regarding Cdn law.

[DGF 730]

2 minutes ago, CanadaDude said:

There is a part of this FAQ that is dangerously wrong and that is the part that you *have* to formally renounce your Canadian PR. This is wholeheartedly incorrect. It is legally possible to maintain Canadian PR and US PR by being in compliance with the obligations that both countries set out.

 

For Canada, this one is simple. You must be physically present in Canada for 730 days in a 5 year period. You don't have to be an actual resident of Canada, but merely just present on Canadian soil. This could be harder for LPR's that are far from the US border, but for those who are within relative proximity to Canada while living in the US, and potentially working in Canada can maintain both PRs.

 

For the US's requirements, you must demonstrate especially well your ties to the United States. I.e. drive a US Plated vehicle, use a US Drivers' License, hold money in US Bank accounts and have close family ties in the US. You must also try to spend as much time as you can in the US, especially if you want to gain eligibility for US Citizenship. In general, CBP's enforcement of maintaining ties to the US have been pretty lax, and so long as you maintain a residence in the US and have ties there, they don't care what you do in Canada. Lawyers often advise a Re-Entry Permit to help protect your PR, which isn't a bad idea, but so long as your intentions remain to live in the US while spending 730 days in a 5 year period in Canada. You can maintain both PRs.

 

Some Canadian border officers argue that you can't have both, however, they are in the wrong here. So long as you are in compliance with the Canadian Residency Obligation you cannot be touched and enter Canada by right. There are no avenues within existing Canadian Law to revoke PR on the basis of gaining PR elsewhere. Equally, CBP cannot touch you so long as you provide convincing evidence that your place of domicile and permanent home is in the US and demonstrate a continuing intention to return.

Do you have a source for this, especially the US requirements? Will gladly update it but right now it's just what one person has said vs another and I'd love an official answer especially if it's murky even amongst border officers. 

[Kai G. Llewellyn 838]

This is a source with anecdotal evidence: https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-green-card-and-canadian-pr-at-the-same-time.434031/

 

However, Canada's rules for maintaining PR are 'bright-line rules' which means there are specific requirements that one must meet to keep PR. This source from the Canadian Government indicates on keeping PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

There is absolutely no basis in law for Canada to revoke PR status for anything besides non-compliance of the Residency Obligation, or suffering a serious criminal conviction with a maximum sentence of 10 years, or serving an actual sentence of six months or more (this applies both inside and outside of Canada). Either way, this cannot be done at the border and CBSA officers have no ability to revoke your PR status. At most they can refer your case to IRCC and refer it to a judge to determine whether you are still a PR. Outside of this, the only other ways to lose PR is by becoming a Canadian Citizen or by voluntarily renouncing it. I would happily cite the Immigration and Refugee Protection Act regarding how PR status is lost, if you need it.

 

I figured it was important to mention this because your instructions would have people renounce their PR when there was no need, and as a result closes that door for them to return to Canada, which is dangerous advice. Anyone who is a Canadian PR only needs to voluntarily renounce if they *know* they are not in compliance with the Residency Obligation and don't want the hassle of having the Government make a determination whether they should keep it.

---

For the US, they use 'totality of the circumstances' to determine whether someone has abandoned their LPR status. This is a combination of ties to the US, ties overseas, time spent in the US vs. overseas and a variety of other factors for CBP to suspect abandonment, and whether an IJ would rule abandonment.

 

Source: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

This guide also is a good explanation on the risks of abandoning LPR status and how to avoid that determination: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

Edited September 23, 2020 by CanadaDude

[DGF 730]

2 minutes ago, CanadaDude said:

This is a source with anecdotal evidence: https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-green-card-and-canadian-pr-at-the-same-time.434031/

 

However, Canada's rules for maintaining PR are 'bright-line rules' which means there are specific requirements that one must meet to keep PR. This source from the Canadian Government indicates on keeping PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

There is absolutely no basis in law for Canada to revoke PR status for anything besides non-compliance of the Residency Obligation, or suffering a serious criminal conviction with a maximum sentence of 10 years, or serving an actual sentence of six months or more. Either way, this cannot be done at the border and CBSA officers have no ability to revoke your PR status. At most they can refer your case to IRCC and refer it to a judge to determine whether you are still a PR. Outside of this, the only other ways to lose PR is by becoming a Canadian Citizen or by voluntarily renouncing it.

 

I figured it was important to mention this because your instructions would have people renounce their PR when there was no need, and as a result closes that door for them to return to Canada, which is dangerous advice. Anyone who is a Canadian PR only needs to voluntarily renounce if they *know* they are not in compliance with the Residency Obligation and don't want the hassle of having the Government make a determination whether they should keep it.

---

For the US, they use 'totality of the circumstances' to determine whether someone has abandoned their LPR status. This is a combination of ties to the US, ties overseas, time spent in the US vs. overseas and a variety of other factors.

 

Source: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

This guide also is a good explanation on the risks of abandoning LPR status and how to avoid that determination: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

Thanks! I'll read through those and put together a new answer for that question. I don't have personal experience with a lot of what is in the FAQ (it is compiled from what others reported in the group chat) so I appreciate incorrect information being called out  

[Kai G. Llewellyn 838]

No problem. Happy to help out!

[DGF 730]

1 hour ago, CanadaDude said:

No problem. Happy to help out!

Ok here is my tentative new answer. Do you mind reading over it to make sure nothing got lost in translation and it's still correct?

"Canada has specific residency requirements that one must meet to keep PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

Canada cannot revoke your PR status unless you fail to follow these rules, and even then your case must be reviewed by a judge who will determine if you are still a PR. However, if you know you cannot meet the residency requirements, it is recommended that you voluntarily renounce your PR to avoid the hassle of having your PR reviewed to determine if it is still valid.

 

This allows people to concurrently hold Canadian PR status as well as LPR status in the US, although it is tricky to balance the requirements of both. You will be required to prove that the US is your permanent home (as moving to a new country and intending to live there permanently counts as abandoning your LPR status) while also spending 730 days out of the last 5 years in Canada. If you wish to take this route, further information on how to prove ties to the US and avoid accidentally abandoning your status can be found here: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/"

[Kai G. Llewellyn 838]

14 minutes ago, DGF said:

Ok here is my tentative new answer. Do you mind reading over it to make sure nothing got lost in translation and it's still correct?

"Canada has specific residency requirements that one must meet to keep PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

Canada cannot revoke your PR status unless you fail to follow these rules, and even then your case must be reviewed by a judge who will determine if you are still a PR. However, if you know you cannot meet the residency requirements, it is recommended that you voluntarily renounce your PR to avoid the hassle of having your PR reviewed to determine if it is still valid.

 

This allows people to concurrently hold Canadian PR status as well as LPR status in the US, although it is tricky to balance the requirements of both. You will be required to prove that the US is your permanent home (as moving to a new country and intending to live there permanently counts as abandoning your LPR status) while also spending 730 days out of the last 5 years in Canada. If you wish to take this route, further information on how to prove ties to the US and avoid accidentally abandoning your status can be found here: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/"

Looks great to me!

[Ontarkie 14,304]

2 hours ago, CanadaDude said:

This is a source with anecdotal evidence: https://www.canadavisa.com/canada-immigration-discussion-board/threads/us-green-card-and-canadian-pr-at-the-same-time.434031/

 

However, Canada's rules for maintaining PR are 'bright-line rules' which means there are specific requirements that one must meet to keep PR. This source from the Canadian Government indicates on keeping PR status: https://www.canada.ca/en/immigration-refugees-citizenship/services/new-immigrants/pr-card/understand-pr-status.html

 

There is absolutely no basis in law for Canada to revoke PR status for anything besides non-compliance of the Residency Obligation, or suffering a serious criminal conviction with a maximum sentence of 10 years, or serving an actual sentence of six months or more (this applies both inside and outside of Canada). Either way, this cannot be done at the border and CBSA officers have no ability to revoke your PR status. At most they can refer your case to IRCC and refer it to a judge to determine whether you are still a PR. Outside of this, the only other ways to lose PR is by becoming a Canadian Citizen or by voluntarily renouncing it. I would happily cite the Immigration and Refugee Protection Act regarding how PR status is lost, if you need it.

 

I figured it was important to mention this because your instructions would have people renounce their PR when there was no need, and as a result closes that door for them to return to Canada, which is dangerous advice. Anyone who is a Canadian PR only needs to voluntarily renounce if they *know* they are not in compliance with the Residency Obligation and don't want the hassle of having the Government make a determination whether they should keep it.

---

For the US, they use 'totality of the circumstances' to determine whether someone has abandoned their LPR status. This is a combination of ties to the US, ties overseas, time spent in the US vs. overseas and a variety of other factors for CBP to suspect abandonment, and whether an IJ would rule abandonment.

 

Source: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

 

This guide also is a good explanation on the risks of abandoning LPR status and how to avoid that determination: https://citizenpath.com/green-card-abandonment-risks-travel-abroad/

Canadian PR is harder to lose than US PR. Just living in the US with a Canadian spouse can also count for the requirements to keep it. 

 

 

Now for the Health insurance yes the act of using Canada's health care system can lead to you losing your PR, as US immigration does not allow you to live in other countries permanently. In order to use Canada's health care you must be living there, not just a summer home,  ppl who work on border towns who still work and pay into Canada's health care system can't use it. Using the health care  claims you are a Canadian resident and not a US resident and thus abandoning your US PR. There are a min amount of days for you to even be able to use the system. Yes it does happen and has happened. My two cousins are a great example and had no idea as they were children and their father was not the US PR. When he tried them back to the US he found out the hard way. It was a mess. Needless to say both kids(now adults) lost their GC. 

[Kai G. Llewellyn 838]

2 minutes ago, Ontarkie said:

Canadian PR is harder to lose than US PR. Just living in the US with a Canadian spouse can also count for the requirements to keep it. 

 

 

Now for the Health insurance yes the act of using Canada's health care system can lead to you losing your PR, as US immigration does not allow you to live in other countries permanently. In order to use Canada's health care you must be living there, not just a summer home,  ppl who work on border towns who still work and pay into Canada's health care system can't use it. Using the health care  claims you are a Canadian resident and not a US resident and thus abandoning your US PR. There are a min amount of days for you to even be able to use the system. Yes it does happen and has happened. My two cousins are a great example and had no idea as they were children and their father was not the US PR. When he tried them back to the US he found out the hard way. It was a mess. Needless to say both kids(now adults) lost their GC. 

That's an interesting case. If one is hopping backwards and forwards over the border every day, they are essentially spending 12 months of physical presence (or there abouts) in both countries, so technically they could meet the test of being eligible for provincial healthcare (say they had a job and a secondary residence in the same province), but their spouse/family and principle residence was in the US.

 

I can't really comment on the case on your two cousins, they either were pressured into signing I-407 at the POE, or they were sent before an IJ who formally ruled on their case. I find it difficult to believe that if someone has strong residential ties to the US, i.e. re-entry permit, family, driver's license, American vehicles, membership of US associations, filing US tax returns as a resident yadda yadda, that an IJ would rule that PR had been abandoned purely on the basis of the usage of Provincial Healthcare.

 

The rules are clear, that any absence from the US must be temporary in nature which would have a defined end-point and that the intent is always to return to the US. The usage of Provincial Healthcare cannot alone be used as a determining factor in this as there would be many reasons why a US PR would need to temporarily enroll in Canadian healthcare, i.e. they were at risk of financial hardship, and needed to obtain health services otherwise they'd face bankruptcy, but there was evidence to substantiate that they would return to the US once they had completed their treatment.

 

I certainly haven't seen/heard of cases that provincial healthcare enrollment alone was enough to trigger abandonment, because first off, how would CBP even know? Secondly, how can CBP even make that determination with what is a plainly obvious intent to return to the US? I would believe that cases that might be construed that provincial healthcare was involved with abandonment cases, but there would have to be additional substantive factors to trigger it and for an IJ to rule as such.

 

Therefore, I think the bigger issue is individuals claiming healthcare for which they weren't entitled as they may be considered non-resident of the province, and each province probably has its own criteria for determining residency. Provinces that find that you weren't entitled to that healthcare would probably chase you for payment.

 

BC, for example, is very vague on it merely saying that a person must "make his or her home in British Columbia". No home, no healthcare. But a secondary residence in British Columbia while paying provincial tax, well, who knows? Does the term "make his/her home in BC" count as a principal residence or any residence?

[Kai G. Llewellyn 838]

Also I just wanted to add to my previous post. I'm not saying it's one way or another so don't take my word as gospel at all. But I am suggesting that the conventional wisdom regarding provincial healthcare and LPR status might not be entirely correct. Of course, if anyone could point me to any such IJ cases that provincial healthcare did result in a finding of abandonment, then I'd be very interested to look at it.

Edited September 23, 2020 by CanadaDude