Land crossing border or airport to activate green cards

[OldUser 5,043]

2 hours ago, Kate8kate0 said:

@manyfudge

 

hi sorry the quoting boxes duplicated anyway…

 

Hi there, thanks for info, I’m reading pages and pages of VJ, forgot about Reddit. 
 

so yes she has 2.5 years left of Uni in Calgary, we have to activate greencard/IV visa by December 31 2023, so I wanted to apply for a re-entry permit (if that’s possible) for her but she can’t stay for longer than a few in the US days from now through to December (actually I have to check this with her, maybe she said April ) as she has classes. She has a job up there and a boyfriend, I’m wondering the best way to tackle all this, as it would be quite disruptive having to fulfil a certain amount of months in US and a certain amount of months in Canada , with the boyfriend and all, if that makes sense! What are the rules to crossing border, going back to Canada where she is a permanent resident (UK citizen) coming back after 2–4 months to apply for REP, without losing her greencard. 

It doesn't look like she's going to be residing in the US any time soon. Which makes maintaining her LPR status difficult and potentially expensive. By the time she graduates in 2.5 years who knows whether her plans would be living in the US?

 

Maybe giving up LPR status and using ESTA on British passport to occasionally visit you in the US is the solution in the meanwhile?

 

There may be sacrifice needed somewhere: either US immigration should be prioritized, or university / boyfriend / life in Canada.

Edited September 25, 2023 by OldUser

[OldUser 5,043]

31 minutes ago, manyfudge said:

 Would be good if she got a summer job here and filed a tax return.
 

She has to commit all summer to staying for the re-entry permit biometrics.

Yes, this would be the only other option.

[appleblossom 1,421]

It sounds like she's got some tricky decisions ahead. To maintain her Canadian PR status she'll need to stay in Canada for 2 years out of every 5, but that would mean her risking losing her US LPR status, and vice versa. 

 

Is she eligible for Canadian citizenship? Sounds like she would be, so maybe she could get that underway asap? It won't be quick, but at least would keep the option of Canada open in the future once she has it. 

 

And is the boyfriend a serious one? Might also be worth talking to her about the wait she'd face sponsoring him for a green card in the future if marriage was on the card at any point and she wasn't a US citizen. It may factor in to her decision, and with the potential of losing her Canadian PR/giving up her Canadian studies/having to wait living apart from her boyfriend/partner/husband, she may decide it's not worth trying to maintain the US LPR status. 

 

And just with regard to the original question, you don't all have to enter the US together. The principal applicant has to enter with the dependents or ahead of them - so your daughter could follow on later before the visa expiry date. You can fly directly to the US and so can she, no need to go via Canada to pick her up. 

Edited September 26, 2023 by appleblossom

[Mike E 11,725]

3 hours ago, Kate8kate0 said:

What are the rules to crossing border, going back to Canada where she is a permanent resident (UK citizen) coming back after 2–4 months to apply for REP, without losing her greencard

If the REP is ultimately denied, she can be out up to 180 days per journey. If denied, she needs to immediately return to the U.S. 

 

If REP is ultimately approved, she is not subject to the 180 day rule. She must return to the U.S. before REP expires. 
 

3 hours ago, manyfudge said:

There are plenty of people anecdotally on Reddit who finish their degrees and return without a re-entry permit.  You are talking 2 months outside? Canadian unis typically finish end of April.

There are plenty who leave the U.S. thinking it will be for less than 180 days. Then something happens, such as border closure, personal medical issues, family medical issues, etc. And then they stay too long. Of the few that attempt a return, most are permitted as returning residents. But it seems 1 percent get unlucky and get an NTA, especially in cases where CBP knows the arriving alien cannot easily adjust status.

[Kate8kate0 2]

6 hours ago, manyfudge said:

@Mike E can give you the rules.

 

If she enters 2nd last week of December and returns April, that is less than 6 months. I truly cannot see that as an issue given that people often have to go back and forth - generally 6 months is not a big deal.  
 

Would be good if she got a summer job here and filed a tax return.
 

She has to commit all summer to staying for the re-entry permit biometrics.

Thank you so much for clarifying! after the denial in 2019 I was devastated for years after and never expected reaffirmation, years of pain! Currently working 15 hours a day as a carer and it nice to get a bit of clarification after being out of the loop for so long thanks! 

[Kate8kate0 2]

6 hours ago, manyfudge said:

On the other hand, if is only in 2nd year, then it’s almost zero sunk cost.  
 

Make her transfer.  
 

A lot of kids stay to finish medical school, etc.  Depends on her major too

Yes this is something I need to talk to her about; when you say a lot of kids stay to finish medical school, you mean abroad? 

[Kate8kate0 2]

5 hours ago, appleblossom said:

It sounds like she's got some tricky decisions ahead. To maintain her Canadian PR status she'll need to stay in Canada for 2 years out of every 5, but that would mean her risking losing her US LPR status, and vice versa. 

 

Is she eligible for Canadian citizenship? Sounds like she would be, so maybe she could get that underway asap? It won't be quick, but at least would keep the option of Canada open in the future once she has it. 

 

And is the boyfriend a serious one? Might also be worth talking to her about the wait she'd face sponsoring him for a green card in the future if marriage was on the card at any point and she wasn't a US citizen. It may factor in to her decision, and with the potential of losing her Canadian PR/giving up her Canadian studies/having to wait living apart from her boyfriend/partner/husband, she may decide it's not worth trying to maintain the US LPR status. 

 

And just with regard to the original question, you don't all have to enter the US together. The principal applicant has to enter with the dependents or ahead of them - so your daughter could follow on later before the visa expiry date. You can fly directly to the US and so can she, no need to go via Canada to pick her up. 

Hi so she’s not concerned about keeping Canadian PR status and boyfriend is First Nations, she told me something about they are entitle to receive automatic greencard, I may have worded it wrong, I need to look into it. 
 

I have another question actually now, how does her status as permanent resident in Canada (she is is in reciept of student loan) affect her US permanent resident status, I think I read something last night about that being a problem. The fees for the University are low so we can help cover her. Should she need to change her status with the University once she crosses the border in the US. To US permanent resident? 
 

Thankyou in regards to the last paragraph that really helps ease the logistics of it all 

[Mike E 11,725]

22 minutes ago, Kate8kate0 said:

boyfriend is First Nations, she told me something about they are entitle to receive automatic greencard, I may have worded it wrong, I need to look into it. 

Yes the Jay Treaty.

 

Given that, assuming she marries him, she can get a GC through him.
 

Unfortunately there is no derivative / follow-to-join feature with Jay, as there is with EB-3. So she would have to wait for him to get LPR status and file an F2A petition. The wait times on F2A are ugly these days. Once he became a U.S. citizen, he can use mandamus to force things along. About 7 years end to end.

[Kate8kate0 2]

27 minutes ago, Mike E said:

Yes the Jay Treaty.

 

Given that, assuming she marries him, she can get a GC through him.
 

Unfortunately there is no derivative / follow-to-join feature with Jay, as there is with EB-3. So she would have to wait for him to get LPR status and file an F2A petition. The wait times on F2A are ugly these days. Once he became a U.S. citizen, he can use mandamus to force things along. About 7 years end to end.

That’s it, thankyou Mike, yes Jay treaty, was very lucky for met someone who is eligible for Jay, couldn’t quite believe it when she told me! this whole eb3 process has been long and difficult.
 

Then add into it a boyf who possibly couldn’t have come live in USA with her could have separated us all at the last hurdle, only to start with another F2A process. Ouch. Hopefully I can make this all run smoothly on the eb3

Edited September 26, 2023 by Kate8kate0
Grammar

[manyfudge 273]

3 hours ago, Kate8kate0 said:

stay to finish medical school, you mean abroad?

Yes.  Medical schools outside the US (except for Carribean for profits) are much cheaper.

 

As an LPR foreign medical graduate, I believe you can compete on the same basis for US medical residencies as US graduates.  Without the big tuitions.

[Kate8kate0 2]

24 minutes ago, manyfudge said:

Yes.  Medical schools outside the US (except for Carribean for profits) are much cheaper.

 

As an LPR foreign medical graduate, I believe you can compete on the same basis for US medical residencies as US graduates.  Without the big tuitions.

Thank you for clarifying 

[manyfudge 273]

3 hours ago, Kate8kate0 said:

Should she need to change her status with the University once she crosses the border in the US. To US permanent resident? 

Nope.

 

I am a dual Canadian/US citizen.

 

As long as she remains a Canadian LPR, she gets the low tuition.

 

They (Canadians) don’t care about the parents’ residencies either.  Or where she files taxes.

[Kate8kate0 2]

19 minutes ago, manyfudge said:

Nope.

 

I am a dual Canadian/US citizen.

 

As long as she remains a Canadian LPR, she gets the low tuition.

 

They (Canadians) don’t care about the parents’ residencies either.  Or where she files taxes.

Oh that’s good to know thank you
 

Yes, she recently got a pause on her student loan and they were enquiring where her parents lived. We told them we was there from 2015 to 2021 and was approved the next day. So yes that’s right. 

 

[Kate8kate0 2]

I think the way we are going to play this out is, husband and I will travel to the states and daughter cross the border third week in December, go back to Canada and back to the USA in April (less than six months) and apply for the re-entry permit

 

I will call her tonight to discuss whether she wants to transfer her degree, seeing as she is only in year two and a US degree would carry more weight for her US job prospects. (She ultimately wants to live in the United States as does her boyfriend. So I will have a chat with her tonight and navigate him getting proof of his first nations which they are already in the process of doing etc) 
 

If the re-entry permit is denied, and she doesn’t want to move her degree down to the states, how many months of each year would she need to be in the states to keep her LPR status?

 

I think I maybe getting confused, reading Gary and allas good informative post’s about citizenship; but do we need to open a bank account for her in the states and put her name on our rental agreement and have a correspondence being sent to US address? Or is that more about proving US residency for citizenship rather than maintaining her residency and not having issues at the border
 

[appleblossom 1,421]

The US isn’t like Canada that has ‘x amount of time to maintain residency’. As a LPR she’s expected to be living permanently in the US, any time outside can cause an issue if she’s suspected of not living in the US, there’s no minimum. 
 

She’ll definitely need as many ties as possible to the US to show that’s her permanent home and is only studying abroad temporarily - bank account is a must, driving licence, tax returns etc. My own daughter will be doing the same thing (studying in the UK), but she’ll have the advantage of 18 months in the US first to establish herself here. 

 

And FWIW, I’d still strongly suggest she gets Canadian citizenship as she’s eligible. Just to keep her options open for the future.