US GC for Canadian Citizen (born in India)

USA L1, L2 Visa
1

Hi Kumar,

This question is regarding US GC for a Canadian citizen (born in India).

In other words does USCIS treat Canada born canadian citizens different than someone who was born in India and went to Canada on PR and then became a Canadian Citizen?

2

Canadian born folks are counted against Rest of the World cap. India born Canadian citizens are counted against India cap. Country of birth matters and not citizenship.

3

Hi Kumar,
Thanks for the quick reply.
I have a follow up question.
Imagine the hypothetical situation below

Indian couple on PR in Canada have a child in Canada.

  • Does the child become Canadian Citizen?
  • If yes, can this child (Canadian citizen) apply for US GC and be counted against the rest of the world cap as you mentioned above? Is there a age limit for this child to apply for US GC?
  • If this child does indeed get US GC, can its Indian parents who may be in Canadian PR or even Canadian citizens by now, can the parents also get US GC since the child is minor?

Please let me know,

Thanks

4

I am not Kumar, he is the other admin on the forum :slight_smile:

  1. I don’t know about Canadian laws if they grant citizenship by birth or not.
  2. Children can sponsor GC for their parents after they turn major. I am not sure if it is 18 years or 21 years, though. Until they the parents need to apply for their own green card and cannot use a minor dependents for cross changeability.