Questions & Answers

Is it possible to maintain residency requirements in both the U.S. and Canada at the same time?

My I-526 petition was filed in December 2017 and the petition is still pending. As I-526 petition approval now takes 25 to 45 months, and also as now there is visa retrogression for Indian EB-5 applicants, I am considering getting permanent residency in Canada. If I do get a conditional green card sometime in the future, would it be possible for me to maintain residencies in both Canada and the U.S. at the same time? Also, would maintaining Canadian permanent residency have any negative impact on my U.S. green card?

Answers

• Julia Roussinova

  Immigration Attorney

  Answered on August 6, 2019

  You will need to consult a Canadian licensed immigration lawyer regarding residency requirements in Canada. The U.S. requires that your primary residence be in the U.S. and you are also required to file and pay income taxes on worldwide income once you become conditional permanent resident. If you intend to stay outside the U.S. for a period longer than one year, you must apply for a re-entry permit that will allow you to be outside the U.S. for up to two years or validity of your two-year green card (whichever is shorter). You must still maintain ties to the U.S., demonstrating it is the country of your permanent residence, such as having a home or apartment, family in the U.S., assets in the U.S., filing U.S. taxes, children registered in U.S. schools, etc.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on July 29, 2019

  As for now, things may look OK. However, if you eventually gain U.S. residency, one of the requirements is that you must reside in the U.S. Any attempt to maintain residency in both countries will be virtually impossible without running afoul of the U.S. law. Advisably, consult an immigration attorney to determine which of the jurisdictions is in your best interest.

• Daniel A Zeft

  Immigration Attorney

  Answered on July 26, 2019

  U.S. permanent residency requires that you spend the majority of your time in the U.S. Also, U.S. permanent residency requires that you pay U.S. taxes on your worldwide income.

• Charles Foster

  Immigration Attorney

  Answered on July 26, 2019

  Yes, under certain conditions, you could maintain your permanent residency in both Canada and the U.S. Typically, you would have to spend some required minimum amount of physical presence in the U.S. Maintaining permanent residency in Canada should not have any impact on obtaining your U.S. conditional permanent residency.

• Dale Schwartz

  Immigration Attorney

  Answered on July 25, 2019

  The Board of Immigration Appeals ruled many years ago (in a case I handled as attorney for the alien) that if a person is a permanent resident of the U.S. and then becomes a Landed Immigrant (permanent resident) of Canada, that person loses his U.S. residency (absent very strong proof that the person did not intend to give up their U.S. residency). If you lose your U.S. green card, and then if your I-526 is approved, you can get a new green card when your quota number is reached.

• Vaughan de Kirby

  Immigration Attorney

  Answered on July 25, 2019

  I am not certain of the Canadian requirements, but I would think it is theoretically possible. You could maintain your U.S. Green Card with the use of a re-entry Permit. I suggest you discuss your goals in detail with your investment immigration attorney.

• Sally Amirghahari

  Immigration Attorney

  Answered on July 25, 2019

  No, you can''t have two residencies at the same time.

• Stephen Berman

  Immigration Attorney

  Answered on July 25, 2019

  It is possible. For example, you could have two homes and two jobs at the same time.

• Marko Issever

  EB-5 Broker Dealer

  Answered on July 25, 2019

  There is no issue with you applying for Canadian permanent residency with an I-526 pending. Once you obtain Canadian residency though, you will need to be physically present in Canada for at least 730 days (2 years) every 5 years to maintain your Canadian residency. Later on, when you obtain your green card, you might find it difficult to maintain both permanent residency statuses. The residency requirements of the conditional green card you receive after adjustment of status for the U.S. green card and the Canadian residency requirements might force you to choose one or the other.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on July 25, 2019

  Legally you can not be a permanent resident in two countries. However, the U.S. is fairly reasonable in allowing persons to be out if they approve a reentry permit. But wanting to live in Canada as a resident may not be the best argument for the approval of a reentry permit.

• Belma Chinchoy

  Immigration Attorney

  Answered on July 25, 2019

  When it comes to residency in the U.S., for immigration purposes, the intent and ties to the country govern. You need to speak with an attorney practicing Canadian immigration law to resolve this issue in Canada. It is possible for a person to live outside the U.S. yet maintain residency in the US. Various factors are taken into consideration.

• Lynne Feldman

  Immigration Attorney

  Answered on July 25, 2019

  This is definitely possible.

• Hassan Elkhalil

  Immigration Attorney

  Answered on July 25, 2019

  You have to maintain your residency in the U.S. You should not be outside of the U.S. for more than six months at a time. You must show that you have connections to the U.S. Further, when the time comes for you to apply for your citizenship, you need to document each absence from the U.S.

• Salvatore Picataggio

  Immigration Attorney

  Answered on July 25, 2019

  I am not familiar with the Canadian requirements, but if you are out of the U.S. more than 6 months out of the year in aggregate, or 6 months continuously, you will abandon your U.S. residency.