Advice for Previous LPR [merged threads]

[bctopa81223 0]

My husband and I are just starting the process and would greatly appreciate some insight from others based on our unique situation. Here is our story:

 

I am a USC and my husband is a Canadian citizen. He was born in Canada but moved to the US in the early 80s as a child when his dad got a job here. Through this he became an LPR and lived here until 2004. He went to college here, married a US citizen, worked as a biomedical engineer, and owned houses here. After a bad car accident and his marriage falling apart, he had no supports here so he moved back with his parents who had returned to Canada by that time. Since then he has worked and bought a house in BC. We met in early 2022 and have travelled back and forth to see each other since then. We were married here on 8/12/23. His intention is to move here with me and pursue a career change. Our original plan was that he would stay in Canada for two years while completing a degree program which would allow time for the consular processing route. That planned changed due to unforeseen circumstances and he would like to come here as soon as possible and go to school here. Unfortunately, by the time this change came about, it was too late to postpone the wedding and apply for a K-1 visa, so it seems that we are stuck with the consular processing route. If that is the case, here are our questions:

 

1. What, if any, impact would his previous LPR status have on the process? He still has an active US SSN. Is the CR-1/IR-1 still our only option? 

 

2. Is he able to travel back and forth during the entire process? If so, up until now as a Canadian he has never had to have a formal visa to come here has a tourist. He simply fills out the brief form online and goes straight through customs at the airport. Does this change once you are in the application process? I apologize if this is a dumb question, but we just don't want to jeopardize anything unknowingly.

 

3. He has a criminal record from his early 20s here in the US. Not a violent or drug related crime and no other offenses since then. Will this be an issue? 

 

4. Would he be able to apply for a work permit or some other advance permission to stay and work/study here temporarily during the CR-1 process? 

 

Thank you for any advice!!

 

 

[Boiler 45,657]

None

 

Within reason, he can visit.

 

Possibly depends what it was.

 

F1 Student Visa, look at the TN if he wants to work.

[mam521 2,103]

Did he ever formally rescind his previous PR?  If not, then he has some other issues to contend with - file income tax, get his house in order and head to the States.  The only ways to truly get rid of LPR are to formally rescind it or have it taken by an immigration judge.  It sounds like it might take a minute to get that house back in order, though.  

[bctopa81223 0]

9 minutes ago, mam521 said:

Did he ever formally rescind his previous PR?  If not, then he has some other issues to contend with - file income tax, get his house in order and head to the States.  The only ways to truly get rid of LPR are to formally rescind it or have it taken by an immigration judge.  It sounds like it might take a minute to get that house back in order, though.  

He did not formally rescind his previous PR. After the car accident, he was significantly disabled and his wife abandoned him while he was in the hospital, so he moved back with his parents. At the time, he was unsure if it would be a permanent move back to Canada, but ended up staying as he had nothing to return to after the divorce. He has made an amazing recovery and rebuilt a life in Canada, but the permanent residence paperwork fell through the cracks. We assumed based on how long he was out of the country that it would just be considered an abandonment of his permanent residence and he would have to start over again. I am unsure if he filed income tax for the last year he was there- he only would have worked for a few months before the accident. This was back in 2004/2005. 

[Boiler 45,657]

One option is to file an I 90 and reenter with the receipt notice.

[bctopa81223 0]

5 minutes ago, Boiler said:

One option is to file an I 90 and reenter with the receipt notice.

Would he be eligible to do that after being outside of the US for so long? 

[Boiler 45,657]

I have seen quite a few people around the 10 year mark do this.

 

Can he file an I 90 yes. Will he have an issue at the PoE, well many stories of people being waived in, worst they could is refer him to an Immigration Judge in which case you file to adjust.

 

Stupid system but nobody here designed it.

[bctopa81223 0]

My husband and I are just starting the process and would greatly appreciate some insight from others based on our unique situation. Here is our story:

 

I am a USC and my husband is a Canadian citizen. He was born in Canada but moved to the US in the early 80s as a child when his dad got a job here. Through this he became an LPR and lived here until 2004. He went to college here, married a US citizen, worked as a biomedical engineer, and owned houses here. After a bad car accident and his marriage falling apart, he had no supports here so he moved back with his parents who had returned to Canada by that time. He never officially surrendered his LPR status since he was not sure if he was going to stay in Canada. He was severely injured and the paperwork just got lost in the process. Since then he made an amazing recovery and rebuilt his career and bought a house in BC. We met in early 2022 and have travelled back and forth to see each other since then. We were married here on 8/12/23. His intention is to move here with me and pursue a career change. Our original plan was that he would stay in Canada for two years while completing a degree program which would allow time for the consular processing route. That planned changed due to unforeseen circumstances and he would like to come here as soon as possible and go to school here. Unfortunately, by the time this change came about, it was too late to postpone the wedding and apply for a K-1 visa, so it seems that we are stuck with the consular processing route. If that is the case, here are our questions:

 

1. What, if any, impact would his previous LPR status have on the process? He still has an active US SSN. Is the CR-1/IR-1 still our only option or would he be able to do the I-90?

 

2. Is he able to travel back and forth during the entire process? If so, up until now as a Canadian he has never had to have a formal visa to come here has a tourist. He simply fills out the brief form online and goes straight through customs at the airport. Does this change once you are in the application process? I apologize if this is a dumb question, but we just don't want to jeopardize anything unknowingly.

 

3. He has a criminal record from his early 20s here in the US. Not a violent or drug related crime and no other offenses since then. Will this be an issue? 

 

 

Thank you for any advice!!

[Boiler 45,657]

I have asked one of out friendly Mods to merge it with your other thread so everything is in one place.

[Mike E 11,740]

1. He is still an LPR until he files I-407 or an immigration judge revokes his status.

 

2. Assuming be does not simply use his old green card which, if issued in the early 1980s, does not have an expiration date). to re-enter the U.S., legally he is free to visit the U.S. while his I-130 and IR-1 visa are pending.

 

3. What sort of crimes? Depending on the crimes,

 

* USCIS might start removal proceedings against him once it becomes aware the crimes. 

 

* he is not eligible to become an LPR.

 

Without knowing more, my suggestion is:

 

A. check https://acis.eoir.justice.gov/en/ to see if there have been removal proceedings for him given his criminal record.

 

B. If no proceedings, then  he should enter the U.S. on his old GC.  Before he files I-90 to renew his GC, or file N-400 to become a U.S. citizen, he should consult with an immigration attorney.

[TBoneTX 45,498]

Related threads have been merged.  Please confine further questions to this thread only.

[manyfudge 291]

What @Mike E says.  With his criminal record, I would just try to enter with his GC at land border.  File as many tax returns as possible. Unlikely he owes anything.

 

Get an attorney before renewing GC/filing N400.

 

Did either or both of his parents naturalize?  And how old was he at the time? This is important as he may be a U.S. citizen.

Edited August 30, 2023 by manyfudge

[OldUser 6,860]

4 minutes ago, manyfudge said:

Get an attorney before renewing GC/filing N400

In addition, may need to wait for 5 years after re-entering the US to apply for N-400 if eligible (lawyer should confirm this).

[nastra30 2,288]

Op, does he still have his old green card and what's the expiration date on it (if any)?

[Mike E 11,740]

22 minutes ago, nastra30 said:

Op, does he still have his old green card and what's the expiration date on it (if any)?

GC was issued  between 1980-1985 and these do not expire.