Re: US and Canadian PR ?




I wife recently got US green card and i became Canadian permanet
resident before we got married. Now if i apply for her Canadian
immigration can she keep her US greencard or she has to surender it ?

Also how much time it takes if she sponser me for US green card.

Thanks

This is tricky because each country requires a physical presence and
residence in order to maintain permanent resident status and and in
order to be eligible to apply for naturalization.

If you obtain permanent resident status in Canada, she does not have to
give up her US green card. However, if you plan on living in Canada,
she should file a reentry permit before leaving the US that shows she
needs to be outside the US but does not wish to give up her US green
card status. This should help with any potenetial abandonment issues.

Right now, as the spouse of a green card holder (Family 2A preference),
you have about a seven (7) year wait. If she became a US citizen, you
would become an immediate relative with no priority date wait. If she
moves to Canada though, this would probably delay her ability to become
a US citizen because there are physical presence requiremnts for
naturalization.

Regards,

Andrew M. Wilson, Esq.

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