QUESTION:
Hi, I am a canadian citizen and will move to USA with TN visa on November
2006, I want to bring my parents with me at that time, they are permanent
residents of Canada, and both have ten years B-1/B-2 visas, I have following
questions:
1. Do they need to appy for other type of visa instead of B-1/B-2 visa?
Because they plan to live with me as long as possible.
2. It will be just three years for them to live in Canada on November 2006.
We are planning to visit our home country for 3 months this summer, will my
parents be able to apply for Canadian citizenship on November 2006?
Thanks.
============================================
david ingram replies:
To apply for citizenship, your parents must have been physically present in
Canada for 1095 days (3 full years) out of the preceding 4 years. If they
are out of the country for 90 days out of their three years, they would have
to come back for 90 more days to qualify. You can find out more at
http://www.cic.gc.ca/english/citizen/applying-howto.html
But, the citizenship is not handed over immediately. if you are intending
to take them away for an indefinite time period they may end up being looked
at as having abandoned their claim.
In my opinion, your parents should stay in Canada until they have their
physical piece of paper and have been sworn in. They should have a
residence with rent or ownership papers, a phone in their name and
hydro/heat bills.
There are TWO reasons for this.
1. It looks better for Canadian citizenship and
2. It is a LEGAL requirement for their entry to the US on a B2 visitor's
visa.
Canadian residents must have an immediately available home in Canada to
enter the United states as a visitor.
If they are intending to "live" in the US with a B2 visitor's visa they will
be refused and you will lose your TN because you have helped smuggle
illegals into the US. DO NOT DO IT. Your parents should remain residents of
Canada and come down and visit you for a month at a time.
The real expert on this is a Lawyer named Joe Grasmick at
grasmick at grasmick.com www.grasmick.com
You can book a prepaid half hour consultation with him for $285.00 at
www.grasmick.com - I advise you to call him. He wrote the lawyer's bible -
the " TN Handbook " which most, if not every Immigration lawyer uses as a
reference.
When you do go, send your leaving Canada and dual status US returns to us.
Hope this helps:
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
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