Posted: Mon Feb 18, 2008 9:19 am Post subject: Can Perm. Resident Work in Canada For One Year

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I am a permanent resident of the US. My 2 year Green Card expired on 10/29/07. I applied for I-797 to remove conditional residence status and have been given a one year extension while it is processed. I have recently had my biometrics done for the I-797. I am married to a US citizen and therefore plan on applying for Naturalization on 07/29/08.

On January 5th I went to Canada to provide support to my younger son who was experiencing some health problems and took a job doing some consulting work at a hospital. I rented a furnished bachelor apartment and I have been coming home to Virginia every three weeks to visit my husband who lives in our family home and works in Washington, DC. I have filed a joint income tax return in US with my husband the last two years and will do so again this year (using Serbinski accounting services). Before I left in January I called USCIS to see if I needed to apply for I-131 Re-entry Permit and they said no as long as I returned before one year is up.

The hospital has now told me they like the work I am doing and have asked me to stay as long as I can.

My questions are:

I want to apply for Naturalization on July 29,2008.

Will my absences affect my application? I will have resided in US for 24 months out of previous 30 at the point of application. Can I apply for Naturalization and work in Canada until December, 2008 (about 9 months out of country) but return for the interview or any other requirements/interviews?
Am I considered to be residing outside the US on a continuous basis when I come home once a month and my house is still here in the US (I also have a doctor, dentist, bank account, drivers licence, in US and my husband and I have a boat in Maryland so my intentions are clear to stay here and my absence is temporary) If I stay in Canada for a year but come home every month for 3-4 days or a week am I considered to have one single absence for 1 year from the USA or is each trip considered a separate absence. It'snot like I am in Chines for one year and never returning.
I have read that any officer at the border can take your Green Card away from you if they feel like it. Should I apply for the Re-rentry Permit anyways even if I decide to stay and work in Canada and return at exactly the one year mark? I would hate to be turned away at the border!!!
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You may be considered to be resident out of country more than 6 months in your situation. Naturalization requires periods out of the USA to be no longer than 6 months. Returning to the USA for a few days every few weeks is not considered to be resident in the USA.

Yes, taking a job, renting an apt are all signs that you have reset your residency clock and are no longer residing in the US. You may be allowed back in with your green card if it is not found as abandoned, but if you want to get US citizenship you need to return to the US, live in the US and then file. Right now it seems you would have already re-set your clock you would now need to wait I think 2 years and 9 more months before applying (from the day you officially move back to the US)...

A re-entry permit guarantees nothing in terms of gaining access to the USA, if it appears the alien has abandoned residency.