I had lived in the USA for over 5 years as a permanent resident (8 total). Unfortunately, before I was able to apply for citizenship as the residency requirement was fulfilled, I needed to move back to Canada because of a family emergency. About 15 months later I am looking at the possibility of working in the US and living in Canada.

I have asked the consulate, the local CIS immigration office (I am relatively close to the border), and at one of the local bridges (via telephone) and got different answers from everyone to the following:

Because of the situation being a family emergency, can I still apply for citizenship given my children are Americans, and the 5 year residency requirement was fulfilled? The officer at the bridge said that tax returns, and any supporting documentation proving I lived in the US for 8 years with a letter explaining the situation would allow them to take these circumstances "into consideration" with my application. Is this possible?

If not, I know that going to commuter status of giving up the GC for TN are options - but I have heard that the latter could be perceived as dual intent with mixing immigrant and non-immigrant visas and may get the TN rejected. Has anyone done anything remotely similar?

Thanks!

The officer at the bridge was no doubt talking about whether they would let you in as a GC Holder, on the face of it you have abandoned your PR.

Just a question of how persuasive the 'Family Emergency' is and how well you can evidence it.

The requirements for US Citizenship are on the USCIS web site. Even if your are able to retain your GC status you will have a wait.

Thanks for your response.

I am assuming there would be an extensive wait just to retain the GC status in the first place correct?

After looking at various documents regarding US Citizenship, it appears there may be "other" special cases for Naturalization - but it said to speak with someone in the local district office. I had - and the staff did not seem to have a clear answer. I was never able to really get a clear answer on how such an application should proceed - and finally it appears that the continuous / current residency requirement would still need to be met - because the "special" category was not well documented.

At this point the best option may just be to apply for a TN, and should I ever move back to the US some time in the future - applying for PR / Naturalization at that point in time.

Since the family emergency still exists and I would not be able to move my family back to the US, I don't see any other options right now.

Thanks!

No

You either have it still or you do not, if the POE believe you do not you can ask to appear in front of an Immigration Judge who will make the determination.



There is a re-entry permit that may be relevant. But as you have been gone for so long apart from the normal requirements of a PR, Tax Returns for example, I am not sure that it is relevant at the moment.

There are special cases for Naturalisation, I know of none that fit your position.

The USCIS whatevr you spoken to are not to be relied on for legal advise, for that you need your own lawyer, one who is experianced in the laws pertaing to maintaing resideny.

I agree with Boiler. This is one of those areas where hiring a pro could really pay off.

BTW My spelling is better than my typing skills would suggest!

lol, my own have gotten so bad that I thought there was nothing wrong with yours!

er, or is it my eyes? Do you find that the type has gotten much smaller and less defined? <g>

Yes! I've noticed that too! The type is definitely smaller here these days - and not just here, it seems like every site has started to use a smaller typeface! (G)

its the new type of monitor.... they are not as good as the old ones... everything looks smaller and yes your right it is a bit fuzzy.... this one is ment to be 19 inches well I had no problems with my 14 inch one 3 years ago.... maybe its something in the water here in the US makes monitors hard to read.... oh and I have found out my arms have shrunk..... must be the water....

Kezzie

The Vide Card in my lap top id defunct, a Toshiba trait and not repairable. So I have to use the 1040 resolution that is on the motherboard I guess, anyway a blessing in discuise.

Response:

You have multiple difficulties here. Firstly, you need to asap get your
green card reinstated. I say reinstated because you may have lost your green
card. Let me explain. If you leave the US without returning for a period of
six months - to one year there's is a presumption that you have in fact
abandoned your green card and your green card could be deemed void. The
proper way to leave the US for an extended period is to first file an I-131
Travel Document this form puts US Immigration on notice that you have to
leave the US for an extended period for what ever reason such as health
education etc but that you have ever intention to return. Once this is
approved you are free to go having preserved your green card status. If you
leave without doing this then you have to take measures to have your green
card reinstated. So my first concern would be to make sure that my green
card is still valid.

If my green card is valid then I can in order to qualify for citizenship you
need to establish 5 years of physical presence in the US, but again where
there has been a significant break in the service the clock can be re-set to
Zero and you have to star over. Any attorney would need to look at all the
circumstances and make a calculation and advise.

The last point I'd leave for now until the first two more serious issues
were resolved. You certainly need to see an attorney.

For further information you can contact the law offices of Chris Ingram at
wwww.breakthroughusa.com.

This is not in accordance with the infomation in the INA. An PR can leave the us for a period of 6-12 months, and still preserve his or her PR status, as long as efforts are taken to preserve residency. However, an absence of 1 -2 years, would require a re-entry permit, applied for before leaving

The OP seems to have gone, for others this is at best simplistic, at worst wrong.

I do know that it is a very complicated subject, something that very few immigration lawyers would have a good knowledge of.

Jacquie@BTUSA posted in alot of posts this morning I think the main reason was fee advertising for that link to a legal site....

Not good

Kezzie

Reported.