Extending Move to U.S.

[bluesky1713 0]

Our case was approved back in December. My wife and I crossed the border to visit her family over the Christmas holidays, and I submitted documents at the border. In January I received my Green Card. My paperwork stated that I must relocate to the U.S. by June 1, 2011.

I have since been looking for work in the Western New York area, but have had limited results in my field. At this point, the U.S. economy and job situation have me somewhat turned off to relocating to the U.S. (from Canada). On top of that I have been offered a substantial promotion at my current place of work to a Senior level position. I am considering taking the position and remaining in Canada for the time being.

My question is, how does this impact my Green Card? Do I have to forfeit it? Can I extend the timelines on relocation to the U.S.?

What if I do forfeit it, and want to reapply 5 years down the road? Do I have to start from square one again in the immigration process?

Thanks for any advice you can give.

[YuAndDan 153]

Yes you forfeit the card, it's for permanent residency in the USA, you can file an I-407 to the consulate and turn it in.

You can always apply for another one down the road, yes you start over by filing an I-130.

Green-card is for residing, living and working in the USA, it is not a permanent border crossing card.

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

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

http://www.uscis.gov...000082ca60aRCRD

[bluesky1713 0]

Thanks, YuAndDan... Does anyone know what my tax implications since I "technically" was a U.S. permanent resident for a few months even though I never lived or worked there? Am I required to file a U.S. return?

Edited March 16, 2011 by bluesky1713

[Moosker 7]

If you didn't work - there really is no reason to file. Unless you do a joint tax return with your wife, then your name will be on there with your social. Someone please correct me if I'm wrong.