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semi-immigrant

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Posts posted by semi-immigrant

  1. Okay now I wonder why you didn't do this before getting the visa? You could have dragged out the NVC process for 2 years, possibly more. I guess that didn't cross your mind?

    You may say so. The timing process was controlled by the USCIS and not by me. I was in the passenger seat.

  2. I guess I'm wrong.....if you do a search here on VJ...you will see others have had it taken away when they have re-entered the USA. Maybe they are lying.

    I read about the procedure. According to immigration lawyers, you can either give it up voluntarily or be sent to an immigration judge. Perhaps, they agreed to abandon it voluntarily.

  3. all it takes is for 1 USA Immigration agent to stop you at the border.....And you will loose the Green card on the spot!!

    Not on the spot, but you are right of course. All it takes is one jerk to ruin your life. Smart comment. Thanks.

  4. It seems to me that you want to be told that you can live in Canada and keep your Green Card and everytime someone posts that it is a bad idea, you clutch at more and more straws as to show what you are doing is OK.

    I don't need someone lecturing me. I am an adult person.

    Thanks to that immigrant lawyer I have found a practical advice.

    Btw, two immigrant lawyers I cited above are specializing in this kind of services. Their clients are Asian (mostly Chinese) businessmen who are in similar situation.

  5. My advice, is at least get US/State plates on your vehicles, US/State drivers license, etc. Establish as many ties to the US as you can.

    Thanks. It makes sense.

    Here is the practical advice I found from another immigation lawyer.

    Our firm often advises clients to consider applying for a reentry permit if either (a) they are likely to be abroad for one year or more straight, (b) they are likely to be abroad for more than 6 months straight for two or more years in a row; or © they have been warned by CBP that they are at risk of abandonment.

    http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

    Let us look at ©. It means the following: If you visit the US every 4-5 months, don't bother about reentry permit unless you were warned by a CBP officer.

  6. As far as I know.....

    Thanks. Theoretically, you are right. What would be your practical advice to me for this transitional period while I'm stuck in-between? First, how to keep the green card. Should I visit the US every 4-5 months for the short trips? Second, taxes and other fiscal considerations. I was suggested to file the IRS form 2555 since I do not have physical presence for 330+ days. What's your opinion?

  7. If one truly wants to know the answer---next time you head into the USA---tell them ur situation.......The longer u stay living in Canada, the greater chance they will take away ur Greencard......those chances may be slim, who really knows.....but all it takes is one time.....There are many Canucks that work in Canada..but they reside in the USA.....and they checked into it and are not entitled to use the Cdn Healthcare system......I have no time to look for links..not my issue..sure would suck to be sent a huge bill. Best of luck

    I checked an official Canadian website. In my province you need to be physically present there 153+ days in any 12-month period.

    This is what I like about Canada: there is a clear definitive answer.

    In the States the criteria are very vague. They can retake your green card even after 2 months of absence. And if you tell them the situation (as you suggested) they can use this info against you.

  8. Also you can be charged by the Canadian government for any health care or the use of any publicly subsidized programs as you are technically no longer a resident of Canada.

    Right now it is nothing more than your personal opinion. Please show me the official Canadian link.

    I live in Canada, have a house and job there, and pay my taxes there as well.

  9. Not only that they will see your stamp/visa in your passport. You can't hide it.

    This is not a problem. You can replace your passport or get an "enhanced driver's licence." The problem is whether the database will identify you as a person with the green card holder.

    Are you trying to travel back and fourth to keep your job? Others on here go back and fourth to work it's not an issue unless you are spending more time in Canada then the US.

    Probably not. It's too much hassle. I will relocate eventually.

    I just want them not to make me troubles in the meantime while I'm still staying in Canada.

  10. Probably. And you'll get questions about where you're living, potentially more so because this is a super shady thing to do.

    Thanks. If they share data it is obvious. On the other hand, the data sharing between some departments in the US is prohibited. But to rely on this is probably risky.

  11. They have computers at CBP. Computers connected to severs. Servers that contain data. About you.

    So what would happen if you drive to the US border and show a CBP officer your Canadian passport? Will he send you back home to bring the green card as well?

  12. You need your green card, unless you just entered and have the temp gc in your passport.

    I have 10-year card. I got it recently.

    Why wouldn't you want to show your green card?

    I have not moved to the US yet. I'm still in Canada. I have a house and job in Canada. I was told a CBP officer may revoke the green card.

  13. I was told by a CBP officer on entry after being out for (just) less than 6 months

    It is strange. According to USCIS, it's 1 year. According to CBP, it's 180 days.

    LPRs that are out of the U.S. for more than 180 days are subject to new immigrant inspection procedures as per 8 USC 1101.

    https://help.cbp.gov/app/answers/detail/a_id/1191/~/traveling-outside-of-the-u.s.---documents-needed-for-lawful-permanent-residents

    And here as per 8 USC 1101:

    An alien lawfully admitted for permanent residence in the United States shall not be regarded as seeking an admission into the United States for purposes of the immigration laws unless the alien -

    (ii) has been absent from the United States for a continuous period in excess of 180 days,
    So it's probably 180 days.
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