Dual PR affect citizenship application? Help!

[yantai]

Hi all, this is my first time here, hope everyone is doing well.

I got my greencard in Jan 2003, and in two months I will be applying for citizenship. My wife and I got married in 2005. She is from China. After we got married, we had to separate for about 10 months, during which time she was emotionally and physically in a wreck. Out of desperation, I got a job in Canada (via work visa) and got her there to tend to her. I have been in Canada with her since Jan 2006. I make a trip back to the US every 4-5 months, usually only staying for 2 days.

To further complicate matters, in 2005 I have applied for us both Canadian PR as a backup plan. At the time I was mislead by a Canadian lawyer into believing that getting a Canadian PR is very fast (true) and that it will have no impact on my green card or citizenship application (not true). Recently, I talked to a US lawyer, and I was adviced to drop my Canadian PR application. I am at my last stage with the Canadian PR application, so I can still drop the ball, and if I don't, I will get it in about 6 months from now. I have no problem dropping that, because eventually we want to build our family in the US. But my greatest fear is that after staying in Canada for 2 years, my citizenship application might not go smoothly, and if I drop my Canadian PR application, my wife and I might end up not having anything in the end -- which means separation again. That would be disastrous. Dropping Canadian PR also means that my wife will have to wait in China until my citizenship application and her greencard approved here, which can take who knows how long, given all the name check horror stories I have heard.

My question to you is:

1) Will having two PR affect my citizenship application? Do I risk losing everything here by doing that?
2) What would you do if you were in my situation?

[yantai]

Hi all, this is my first time here, hope everyone is doing well.

I got my greencard in Jan 2003, and in two months I will be applying for citizenship. My wife and I got married in 2005. She is from China. After we got married, we had to separate for about 10 months, during which time she was emotionally and physically in a wreck. Out of desperation, I got a job in Canada (via work visa) and got her there to tend to her. I have been in Canada with her since Jan 2006. I make a trip back to the US every 4-5 months, usually only staying for 2 days.

To further complicate matters, in 2005 I have applied for us both Canadian PR as a backup plan. At the time I was mislead by a Canadian lawyer into believing that getting a Canadian PR is very fast (true) and that it will have no impact on my green card or citizenship application (not true). Recently, I talked to a US lawyer, and I was adviced to drop my Canadian PR application. I am at my last stage with the Canadian PR application, so I can still drop the ball, and if I don't, I will get it in about 6 months from now. I have no problem dropping that, because eventually we want to build our family in the US. But my greatest fear is that after staying in Canada for 2 years, my citizenship application might not go smoothly, and if I drop my Canadian PR application, my wife and I might end up not having anything in the end -- which means separation again. That would be disastrous. Dropping Canadian PR also means that my wife will have to wait in China until my citizenship application and her greencard approved here, which can take who knows how long, given all the name check horror stories I have heard.

My question to you is:

1) Will having two PR affect my citizenship application? Do I risk losing everything here by doing that?
2) What would you do if you were in my situation?

[Rough Neighbor]

In reference to the application for naturalization regulations in the US, no prohibition is there for you as an intending citizen to pursue other immigration concerns per se in other countries (e.g. Canada in your case), i.e. as long as it doesn't stand in the way of the maintenance of your "current" permanent residency in the US.

You said you were a green card holder since January of 2003 and moved to Canada only in January 2006.

By simple math, you have complied with the "physical presence on US soil for 30 months (or two and a half years) of the five years" requirement.

And because you said you were traveling back to the US from time to time since January 2006 to present (and obviously you were not being denied entry by US border officials), you satisfied the "continuous residence of five years" provision.

You just have to be physically present in your US state of residence continuously for 90 days immediately prior to your N-400 application.

If you are sure that you have met these residency and physical presence conditions, then your naturalization application will for sure slide through.

Of course you also have to pass basic civics and English tests and very importantly, the 'good moral character' burden.

And all of this, notwithstanding your Canadian residency application.

(Just an opinion based on limited information provided).

[SunDevilUSA]

Well, it's not quite so simple.

Once you move to another country, with the "intention" of living there, you lose your permanent residency status in the United States. I would suggest that, by submitting an application for residency in Canada, you have renounced your permanent residency status in the United States.

You can't go country shopping without consequence.

[yantai]

Is there a definite rule in the book which says that if you apply for another PR, you automatically lose the current one, even if you have no intention to have or maintain the other one? This is crucial for me because I am still at a loss as to whether I should discard my backup plan or not, and the backup is there merely because I am worried of another long separation caused by the immigration process.

[SunDevilUSA]

...well, logic dictates that you CAN'T be a permanent resident of more than one country at a time.

I believe the statute says that once you "leave" the United States with the "intention" of making your home in another country, you renounce your permanent residency. It's my understanding that you have already crossed that particular threshold.

I'm sure that the Canadians will also be thrilled that you're abusing their hospitality...and making a mockery of their immigration procedures.

[yantai]

There is definitely no mockery or abuse involved here, it would be too costly to do things for such purposes. If one didn't have to wait 5 years in order to be with their spouse, such measure would not be taken. Also, it would be ideal eventually to have dual citizenship, the only question is order of things happening.

[yantai]

Just thought of another thing...

Canadian immigration knows full well of everyone's status when one applies for the PR. At no point was there a question of whether we will give up our current residency when the Canada PR is approved. By this logic, I think what that means is that they don't care, as long as you are able to fulfill the residency requirements.

[Rough Neighbor]

In the instant case, I prefer to set aside my biases and prejudices and look at the OP's current situation as it is. In this day and age of globalization, his case is not in any way unique. I know lots and lots of people who are doing the same thing, or even vice versa.

As far as I know, in the naturalization adjudication in the US the officer weighs both the applicant's underlying "intentions" as well as "commission" of factors that affect in totality all the parameters of the benefit being sought, based on evidentiary data and documentary evidence presented.

No, although it's a given fact that our immigration system is imperfect, the USCIS is not yet that fallacious to arrive at a determination based on second guessing and prejudging an immigration benefit applicant's state of mind or long-term plans.

Because as always, in extreme cases where they may glaringly usurp their adjudicative powers, the judicial courts are always there that alien applicants could fall back on.

Yeah, despite the raging debate, this country remains to be the iconic bastion of the rule of law.