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Going back to home country for University

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Filed: Country: Canada
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Hey guys, I'm not sure if this is the right place to post this. Please direct me if so.

After spending 4 years in the U.S. on a green card (2 years in part time University) I've decided to move to Ontario (University of Toronto) for school to be closer to some older family and to explore a new city/education.

What precautions should I take so I'm not eventually considered an "abandoned resident?" I've already moved.

I've looked at things such as reentry permits but the whole legal process confuses me. My Green Card expires in ~6 years.

I love the States and want to live there once I figure out my education.

Thank you guys for any advice!

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Filed: Citizen (apr) Country: Canada
Timeline

Pay your tuition as a non resident, do not claim Ontario Health because that is for Ontario residents only. If you claim to be a Ontario resident you are no longer a US resident and won't be able to keep your GC. You really should have applied for a re entry permit before leaving.

~~Also moving this to General Immigration-Related Discussion, from Student & Exchange Visitor Visas- As you're not looking into US Student Visas~~

Edited by Ontarkie
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Filed: Citizen (pnd) Country: Mexico
Timeline

From USCIS page

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

  • Move to another country intending to live there permanently
  • Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
  • Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
  • Fail to file income tax returns while living outside of the United States for any period
  • Declare yourself a “nonimmigrant” on your tax returns

I love you Charles forever!!

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Filed: Citizen (pnd) Country: Mexico
Timeline

Also from USCIS page

Your Responsibilities as a Permanent Resident

As a permanent resident, you are:

  • Required to obey all laws of the United States the states, and localities
  • Required to file your income tax returns and report your income to the U.S. Internal Revenue Service and state taxing authorities (see IRS link to the right)
  • Expected to support the democratic form of government and not to change the government through illegal means
  • Required, if you are a male age 18 through 25, to register with the Selective Service

I love you Charles forever!!

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N-400 Waiting to be schedule for Oath Ceremony 

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Filed: Citizen (apr) Country: Canada
Timeline

Be careful not to benefit from any resident perks, such as local tuition or health care, that will automatically end your status in the US

good luck

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Filed: Country: Canada
Timeline

Thank you very much for the replies everyone. I'll make sure not to get a job and to not apply from any residence perks.

My tuition is split into "Canadian" and "International" but doesn't specify residence at all. I'm currently paying "Canadian Citizen" tuition.

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Filed: Citizen (pnd) Country: Mexico
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That sounds to me as a tuition considered for "residents" but I can be wrong, in Mexico is like that is either resident or citizen one or international student one, just two options

I love you Charles forever!!

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N-400 Waiting to be schedule for Oath Ceremony 

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  • 1 month later...
Filed: K-1 Visa Country: Canada
Timeline

Is this the same for high school? My daughter returned to Ontario to "try" living with her Dad. So it is not permanent and we have an agreement that states this is considered an "extended visit". He enrolled her in high school using his address as it would have cost him $15,000 in tuition fees.

She has only been there since August, 2014. What do I do? I do not want her to lose her residency here. (She is only 14). Is there anywhere within the immigration laws that states that you must pay your tuition as a non-resident? I need something in writing to show her Dad, and I can't seem to find anything anywhere that states that.

Thank you.

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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Filed: Citizen (apr) Country: Nigeria
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You need to be paying the international tuition. If you have already been using the resident Canadian tuition you have abandoned your resident status in the US by "decalring" you are a resident in Canada. You will have to reapply for a green card once you are finsihed,

This will not be over quickly. You will not enjoy this.

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Filed: K-1 Visa Country: Canada
Timeline

You need to be paying the international tuition. If you have already been using the resident Canadian tuition you have abandoned your resident status in the US by "decalring" you are a resident in Canada. You will have to reapply for a green card once you are finsihed,

Where in the immigration laws does it state this? Because I called Immigration and they told me she could return to Canada to go to school as long as she is back in the country within 1 year. They did not say anything about paying international tuition. Her father is a Canadian resident and pays the taxes for her to go to school there.

Edited by Texas22

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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You can only be a resident of one country, Canada or the USA. Her father may live in Canada but your daughter technically cannot be residing in Canada, and tuition is based on HER residency, not her father's. She needs to have paid health care as well as that is something that is residence based.

Same with the OP. Tuition, it's based on residency so you should be paying international rates vs "Canadian" rates. Even if the school says it's okay, what do they really know about your US residency?

The USCIS call center if frequently known as the misinformation line btw.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
Timeline

You can only be a resident of one country, Canada or the USA. Her father may live in Canada but your daughter technically cannot be residing in Canada, and tuition is based on HER residency, not her father's. She needs to have paid health care as well as that is something that is residence based.

Same with the OP. Tuition, it's based on residency so you should be paying international rates vs "Canadian" rates. Even if the school says it's okay, what do they really know about your US residency?

The USCIS call center if frequently known as the misinformation line btw.

Her healthcare is paid for by my husband's U.S Benefits. (She does not have Ontario OHIP).

So what am I supposed to do?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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Filed: K-1 Visa Country: Wales
Timeline

Different countries different rules.

Just looking within the US being Resident depends which Agency you are talking to, everyone seems to have their own definition.

Plenty of people complete their education in their home country whilst maintaining their US Residency.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I would continue with how it is, after all she's a minor and this isn't something she can control like an adult. However I wouldn't have her spend more than the school year and make sure there are plenty of trips to her home in the USA.

I know it's a hard situation for you anyhow. However it's good to be aware of potential issues.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
Timeline

I would continue with how it is, after all she's a minor and this isn't something she can control like an adult. However I wouldn't have her spend more than the school year and make sure there are plenty of trips to her home in the USA.

I know it's a hard situation for you anyhow. However it's good to be aware of potential issues.

Thank you NLR,

I would like to bring her home for Christmas. That would satisfy the less than 180 days from being out of the country. But I have to convince her father of this. He doesn't seem to care about the Immigration rules, and does not think that losing her green card would be such a big deal. But of course, anybody who hasn't gone through this does not know.

If we cannot fly her back to the US for Christmas, then she would be coming back in early July (less than 1 year). At that point we will be driving to Canada, and bringing her into the USA with us driving across the border. If there are issues at that time, then at least we will be with her and I think it would be difficult for border control to deny her entry when she is travelling with me on her green card. (plus I do have sole custody).

The complete stress of the situation is the unknown. :(

I question my decision to let her go back every single day. Just trying to keep her happy. But the thought of her losing her greencard and being able to choose where she wants to live is terrifying to me.

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

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