Staying in the US

[The Mean Lady 604]

Hello,

I'm wondering, if my husband is issued a 10 year GC, let's say after 2 or 3 years, he misses home, so we move back to canada... then after 2 years there, he decided the US was a better option so we move back down... is that allowed?

I'm just wondering if he forfeits his green card at any point by staying in Canada for any long period of time?

[canadian_wife 1,823]

If he moves back to Canada he'll lose his US green card and you'll have to re-petition for him to enter the US as a resident. He cannot keep his green card if he becomes a resident of another county (say Canada for 2 years)

Good luck

[JohnR! 5,495]

Hello,

I'm wondering, if my husband is issued a 10 year GC, let's say after 2 or 3 years, he misses home, so we move back to canada... then after 2 years there, he decided the US was a better option so we move back down... is that allowed?

I'm just wondering if he forfeits his green card at any point by staying in Canada for any long period of time?

It all depends on how you handle the absence.

Here are the guidelines from the USCIS on how to maintain status:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

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

[KazuriSana 324]

...and I will be blunt on this:

YES, he will have forfeited his 'green card' after going to 'his home' and staying away from the US for 2 years. I don't think they will be amused when he applies for a re-entry to return to the US and give "I missed home" as his reason for having gone away from the US for 2 years.

I know your question had a tint of the hypothetical, but they do issue those things for people who want to make the US their permanent home. Canada is just up the road - across the border, regular visits 'home' should take care of the 'missing home' part.

Below is a potion from USCIS.GOV

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

[pushbrk 12,979]

Hello,

I'm wondering, if my husband is issued a 10 year GC, let's say after 2 or 3 years, he misses home, so we move back to canada... then after 2 years there, he decided the US was a better option so we move back down... is that allowed?

I'm just wondering if he forfeits his green card at any point by staying in Canada for any long period of time?

Google "maintaining permanent resident status US" for the information you need. Leaving for more than a year can lose the resident status. If he's been a resident for 3 years, becoming a US Citizen will afford the privilege of leaving for as long as he wants without problems.

[The Mean Lady 604]

Google "maintaining permanent resident status US" for the information you need. Leaving for more than a year can lose the resident status. If he's been a resident for 3 years, becoming a US Citizen will afford the privilege of leaving for as long as he wants without problems.

Cool, thanks, this is what I was thinking.

[Brother Hesekiel 2,236]

Weird that nobody mentioned this, unless I overlooked it, but if you move to Canada on January 1, 2013 and your husband reestablishes residency on January 2, 2013, then he has effectively abandoned his U.S. permanent residency after only 2 days.

No need for a year to pass.

Since a person can only be residing in one country of a time, the establishing or reestablishing of residency in Canada is all that's needed to kiss the Green Card goodbye. Canada and the United States share such information freely.

[canadian_wife 1,823]

Weird that nobody mentioned this, unless I overlooked it, but if you move to Canada on January 1, 2013 and your husband reestablishes residency on January 2, 2013, then he has effectively abandoned his U.S. permanent residency after only 2 days.

No need for a year to pass.

Since a person can only be residing in one country of a time, the establishing or reestablishing of residency in Canada is all that's needed to kiss the Green Card goodbye. Canada and the United States share such information freely.

Righty-HO! And he'll likely re-establish residency to get that sweet socialized medicine!

Good luck

[Ryan H 3,813]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; topic is unrelated to the spousal visa process itself.

[hmh33 117]

This may be obvious but nobody has mentioned it yet: If he applies for US citizenship, which he can do 2 years and 9 months after the date he first became a permanent resident (whether he had a 2-year or 10-year green card at the time is not important), he can become a dual citizen and will then forever be free to live and work in either the US or Canada with no constraints.

[The Mean Lady 604]

Someone did mention it, but thanks.