Gaining Canadian Citizenship after becoming a US LPR - Success!

[jpfashizzle 9]

Thanks @Kai G. Llewellyn!! This is exactly what I did via MyUSCIS and thus thought to post on here.

 

I am only a little nervous because I plan to fly in and out of Canada next month to get my Canadian Passport, and don't know what to say when I present my US Green Card with the new Canadian Passport. I don't want them to raise issue asking why am I travelling on the new passport and what happened to my previous Indian Passport (on which my US Immigrant Visa is stamped - I will still have that with me, not sure if I should present it to them proactively as I approach the counter)?

[Maverick_TO 2]

Hi @jpfashizzle,

 

I'm assuming you applied for your Canadian passport from within Canada. A couple of questions-

• If you did apply from within Canada (assuming not in-person) how long was the processing time?
• In the event that you submitted your application in-person did they mail the passport to a Canadian address (assuming you updated the IRCC that you live in the US)? Alternatively, were you given the option of having your passport shipped to the US?

 

Many thanks!

NK

Edited January 24, 2023 by Maverick_TO

[jpfashizzle 9]

11 hours ago, Maverick_TO said:

Hi @jpfashizzle,

 

I'm assuming you applied for your Canadian passport from within Canada That's correct. A couple of questions-

• If you did apply from within Canada (assuming not in-person) how long was the processing time? It was faster than I expected. After applying my mail, It arrived at my Canadian mailing address in 2-3 weeks!
• In the event that you submitted your application in-person did they mail the passport to a Canadian address (assuming you updated the IRCC that you livtte in the US)? Alternatively, were you given the option of having your passport shipped to the US? I did not submit the application by person, I submitted by filling out the form, printing it, and mailing it to them. It was delivered to my Canadian mailing address (even though IRCC has my updated US address). And yes, I believe they do have an option to ship to a US address - but keep in mind this will take longer from what I have read on this forum.

 

Many thanks!

NK

 

[Kai G. Llewellyn 838]

On 1/19/2023 at 7:55 PM, jpfashizzle said:

Thanks @Kai G. Llewellyn!! This is exactly what I did via MyUSCIS and thus thought to post on here.

 

I am only a little nervous because I plan to fly in and out of Canada next month to get my Canadian Passport, and don't know what to say when I present my US Green Card with the new Canadian Passport. I don't want them to raise issue asking why am I travelling on the new passport and what happened to my previous Indian Passport (on which my US Immigrant Visa is stamped - I will still have that with me, not sure if I should present it to them proactively as I approach the counter)?

Your Green Card only notates your Country of Birth, not your citizenship. CBP won't really care what passport you present alongside it. Regardless, as far as I know, you can get away with presenting just the Green Card if you wish.

 

If, in the extremely unlikely event, you are asked, tell the truth. You were eligible to file for and obtain Canadian citizenship while living in the US as a LPR per Canada's laws as you had the requisite amount of physical presence in Canada. I've freely discussed this with CBP at the Nexus center and while they were puzzled at how it worked, they weren't bothered by it in the slightest.

 

Once you have your physical green card, you don't need to use your endorsed IV to enter the country anymore.

[jpfashizzle 9]

2 hours ago, Kai G. Llewellyn said:

Your Green Card only notates your Country of Birth, not your citizenship. CBP won't really care what passport you present alongside it. Regardless, as far as I know, you can get away with presenting just the Green Card if you wish.

 

If, in the extremely unlikely event, you are asked, tell the truth. You were eligible to file for and obtain Canadian citizenship while living in the US as a LPR per Canada's laws as you had the requisite amount of physical presence in Canada. I've freely discussed this with CBP at the Nexus center and while they were puzzled at how it worked, they weren't bothered by it in the slightest.

 

Once you have your physical green card, you don't need to use your endorsed IV to enter the country anymore.

Thanks @Kai G. Llewellyn, your perspectives are extremely helpful, as always!

 

I'll keep you all posted on my experience.

[From_CAN_2_US 1,106]

@Kai G. Llewellyn and others on this thread, looking for some advice.

 

I applied for my Canadian Citizenship online on Oct 31 2021. My CR1 was in process at the time, and it got approved in Dec 2021. I moved to the US to live with my spouse on Feb 12 2022.

 

I informed IRCC of my move to the United States via webform, also in Feb 2022, and they updated my address. I also let them know that I continue to be employed by my Canadian employer.

I received my AOR on Jan 27 2022, and since then there has literally been no progress on my tracker. Going into the 16th month now, and I neither have a test invite nor are any of the fields on the tracker complete. I KNOW this is highly unusual. 
 

When I call IRCC, they obviously just tell me, it is normal, and the average processing time in 24 months etc. When asked, they informed me my primary office is Sydney, secondary is Scarborough, and my file is still at the primary office. They also told me (and it’s been this way at least since August 2022) my security check is complete, but criminality is yet to complete…. And that’s it. That’s all the info they have to give me.

 

I have requested GCMS notes thrice (earliest filing being August 2022), and have not received them. Multiple emails sent to the ATIP department have gone unanswered. IRCC agent is unable to explain why I haven’t received my GCMS notes claiming it is not their department and advising me to email them despite me saying they haven’t responded to my previous emails for 5 months.

 

I have also sent a webform questioning the delay, and not received anything as a response.

 

I am at a loss as to what more I can do, to move my application along. They have  obviously shelved it and just not working on it… I live in the US now and really worried that if they take much longer I might not longer be eligible for Canadian citizenship at all, which really sucks… 

 

I don’t know anyone in a situation similar to me, so getting advice about this outside of this forum is very difficult.

 

Do any of you have any ideas on what I can or should do to push things along?

[Kai G. Llewellyn 838]

Hey @From_CAN_2_US

 

The good news is that the Citizenship physical presence requirement is that 1095 days in 5 years rule only applies at the point that you sign your application. Once you have signed and submitted, your 1095+ days is locked in and even if your physical presence over the subsequent rolling 5 year period goes below 1095+ you remain eligible so long as your application remains pending. Of course if it were denied and you had to submit a new one, you'd once again need to have 1095 days in 5 years.

 

The only requirement on you is that you need to maintain your Canadian PR status, that is either complying with the 2 in 5 year residency obligation or by living with a Canadian citizen spouse. For the latter, your Canadian PR status is maintained indefinitely.

 

If you're concerned regarding your application, you are within their current processing times, but you could try to reach out to your MP in your former riding for assistance. If things are really stuck you could try and seek legal advice to see if you can force IRCC to move it along.

 

Are you in danger of not meeting your residency obligation?

[From_CAN_2_US 1,106]

5 hours ago, Kai G. Llewellyn said:

Hey @From_CAN_2_US

 

The good news is that the Citizenship physical presence requirement is that 1095 days in 5 years rule only applies at the point that you sign your application. Once you have signed and submitted, your 1095+ days is locked in and even if your physical presence over the subsequent rolling 5 year period goes below 1095+ you remain eligible so long as your application remains pending. Of course if it were denied and you had to submit a new one, you'd once again need to have 1095 days in 5 years.

 

The only requirement on you is that you need to maintain your Canadian PR status, that is either complying with the 2 in 5 year residency obligation or by living with a Canadian citizen spouse. For the latter, your Canadian PR status is maintained indefinitely.

 

If you're concerned regarding your application, you are within their current processing times, but you could try to reach out to your MP in your former riding for assistance. If things are really stuck you could try and seek legal advice to see if you can force IRCC to move it along.

 

Are you in danger of not meeting your residency obligation?

Thanks for the response, Kai.

 

Yes, I am concerned about my RO running out. It is not going to run out anytime soon. I left Canada on Feb 12 2022, and spent most of the 2 years prior to that on Canadian soil (thanks COVID). So I think my RO is intact until around mid January 2025.

 

If IRCC approves my citizenship application by then, I’m good, but any later and it will be very difficult for me to uproot myself once again and move back to canada, now with a husband in tow…

 

Contacting my ex-MP is the only thing I haven’t done so far, mainly because I fear they won’t entertain me, not residing in their riding anymore. I guess it is worth a try…

[Kai G. Llewellyn 838]

9 hours ago, From_CAN_2_US said:

Thanks for the response, Kai.

 

Yes, I am concerned about my RO running out. It is not going to run out anytime soon. I left Canada on Feb 12 2022, and spent most of the 2 years prior to that on Canadian soil (thanks COVID). So I think my RO is intact until around mid January 2025.

 

If IRCC approves my citizenship application by then, I’m good, but any later and it will be very difficult for me to uproot myself once again and move back to canada, now with a husband in tow…

 

Contacting my ex-MP is the only thing I haven’t done so far, mainly because I fear they won’t entertain me, not residing in their riding anymore. I guess it is worth a try…

Once you become a citizen you will be eligible to vote as an overseas voter in their riding, so there is an incentive for them to assist.

 

Definitely keep tabs on your RO to make sure you don't unintentionally fall out of compliance earlier than you anticipate, but either way, looks like you've got a good two years left for them to grant it before you start having to do anything drastic, and most folks who applied in Oct 2021 have been granted their citizenship now, so you can't be too far behind them.

 

The other factor is, and it's more subjective, that your RO is maintained by working for a Canadian Employer while in the US, but the wording of it makes it sound that you must be working outside of Canada at the employer's behest, rather than for family purposes, dunno, but I think you could argue it. https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

[From_CAN_2_US 1,106]

59 minutes ago, Kai G. Llewellyn said:

Once you become a citizen you will be eligible to vote as an overseas voter in their riding, so there is an incentive for them to assist.

 

That’s good to know. I wasn’t aware of that, and certainly helps with them caring about me becoming a citizen.

59 minutes ago, Kai G. Llewellyn said:

most folks who applied in Oct 2021 have been granted their citizenship now, so you can't be too far behind them.

Precisely, or they are at the very last stage just waiting for oath. I seem to be the only one with zero progress…which makes me think I am REALLY far behind, and worried that I might be one of those news stories you read about of someone waiting 4 years with no sign of grant of citizenship.

 

59 minutes ago, Kai G. Llewellyn said:

The other factor is, and it's more subjective, that your RO is maintained by working for a Canadian Employer while in the US, but the wording of it makes it sound that you must be working outside of Canada at the employer's behest, rather than for family purposes, dunno, but I think you could argue it. https://ircc.canada.ca/english/helpcentre/answer.asp?qnum=1466&top=10

Yes, I really wish working for a Canadian business qualifies me to maintain my RO. Reading the wording on the 

Immigration and Refugee Protection Regulations, Part 5, Division 2, Section 61 (3), 

 

“(3) For the purposes of subparagraphs 28(2)(a)(iii) and
(iv) of the Act, the expression employed on a full-time
basis by a Canadian business or in the public service
of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a
Canadian business or the public service of Canada or of a
province, and is assigned on a full-time basis as a term of
the employment or contract to
(a) a position outside Canada;
(b) an affiliated enterprise outside Canada; or
(c) a client of the Canadian business or the public service outside Canada”

 

Being “assigned to a position outside Canada,” sounds like the company should need you to be in that country to be able to perform your job….reading some blogs by a law firm on topic also seems to be of the same opinion - that you need to be employed in a branch of the canadian company in the US or to service a client in the US…

 

Regardless, as it stands, you are right, I still have two years of buffer, before I am in real trouble. Trying to keep my chin up.

 

In the meantime, I will wait another 2 weeks for my GCMS notes to show up, and if I don’t get it or see any movement, I will reach out to my MP.

Edited February 1, 2023 by From_CAN_2_US

[F2J_March 49]

Given that my country of birth does not allow dual citizenship, how does the process work if I get a canadain citizenship oath before US immigrant GC visa interview? If I dont get time to make a canadain passport, do I go to interview with my old passport, later apply for new camadian passport and when entering US, show both passports? Really confused with how this works.

 

[From_CAN_2_US 1,106]

1 hour ago, F2J_March said:

Given that my country of birth does not allow dual citizenship, how does the process work if I get a canadain citizenship oath before US immigrant GC visa interview? If I dont get time to make a canadain passport, do I go to interview with my old passport, later apply for new camadian passport and when entering US, show both passports? Really confused with how this works.

 

US is not going to care about your country of birth not allowing dual citizenship. I assume you have DQ’d. You go to the visa interview with your home country passport and your Canadian citizenship certificate. Also upload the certificate online (same site as where you uploaded DS-260, don’t remember what it is called) before the interview. At the consulate inform them that you are now a citizen of Canada. At this time (until you renounce your original citizenship), you factually are a dual citizen. They may ask for your Canadian citizenship certificate. During the actual interview let the CO know again so they may update your DS-260 with the info.

 

What is your country of current citizenship? Knowing that, I may be able to advise what you need to take care of on the other country side.

[F2J_March 49]

Nepal

[Kai G. Llewellyn 838]

On 2/4/2023 at 8:31 AM, F2J_March said:

Given that my country of birth does not allow dual citizenship, how does the process work if I get a canadain citizenship oath before US immigrant GC visa interview? If I dont get time to make a canadain passport, do I go to interview with my old passport, later apply for new camadian passport and when entering US, show both passports? Really confused with how this works.

 

The rules depend on how your original country handles passport validity and acquiring a new citizenship. If the country is able to immediately find out, and deems the passport immediately invalid upon acquiring a new citizenship, then it cannot be used for the purposes of adding a visa foil, as the expectation is that you have a valid passport prior to the interview.

In this case you can apply for an emergency appointment for a Canadian passport with a justification that it's immediately needed for a visa interview.

 

If you become a Canadian citizen after the interview and your original passport becomes invalid, my understanding that the visa foil remains valid. However, you would need to present a valid Canadian passport in addition to your old passport containing the visa foil to apply for admission as an immigrant. At least that's how it generally works with nonimmigrant visas and expired passports, not 100% sure in this case.

 

Some countries may have grace periods regarding validity, others won't revoke passports unless they somehow find out about your acquired nationality.

Edited February 7, 2023 by Kai G. Llewellyn

[VIR CHAMP 25]

On 1/19/2023 at 10:55 PM, jpfashizzle said:

Thanks @Kai G. Llewellyn!! This is exactly what I did via MyUSCIS and thus thought to post on here.

 

I am only a little nervous because I plan to fly in and out of Canada next month to get my Canadian Passport, and don't know what to say when I present my US Green Card with the new Canadian Passport. I don't want them to raise issue asking why am I travelling on the new passport and what happened to my previous Indian Passport (on which my US Immigrant Visa is stamped - I will still have that with me, not sure if I should present it to them proactively as I approach the counter)?

Hello, How was your experience with in and out to Canada? 
was there any concern at the border while entering US using new Canadian passport and green card?