msherema

Ah I get it now. Thanks for clarifying! 

So once you are out of the country is there a way to preserve residency?

Oh wait, i think it's just for those who need a visa - which I don't need as a Canadian. But because I am still considered a PR I cannot stay up here for much longer without it. 

I have been trying to read up on advance parole vs re-entry permit and I am not sure what the difference is. We are not planning to come back for at least a year, maybe two. 

Also, going onto the USCIS website, there is an option for people outside the US to submit. I can't find enough details to know if I can go this route but I am going to try. 

Well, apparently you can submit an I-131 if you have been out of the US for less than a year. Until COVID I was going back and forth regularly and all I did was tell them I was a PhD student and it was fine. I lived in the US as a permanent resident for six years prior to starting my very long PhD. It was the customs officer who suggested I apply to naturalize. That's why the N-470 form came up. Apparently full time grad school precludes the paperwork others have to go through? Not sure but this last trip was the first time I-131 came up, and judging from student bulletin boards, this is pretty common. But with COVID and not being able to cross the border and my card expiring during that time it became a different story I guess.

Oh and almost forgot: Yes we have been filing taxes since my hubby is still a citizen. 

Well, I never knew I was still a permanent resident any longer, but after travelling to the US with an expired green card I found out I am! Apparently you can't get rid of it too easily, and I am glad for it.

We left the US years ago for me to go to grad school in Canada. Between being a parent, along with COVID restrictions and part-time work my PhD has lasted nine years. (!) But the border services agent in Vermont told me that I needed to file a series of forms, starting with i-90 for my expired green card, and then either 1-131 or N-470. It's wasn't clear to me which one, and I wasn't convinced he was 100 percent clear either. In the end he said to file 1-131 and that I would have two years to file for naturalization - which I now realize I must do if we are to ever travel to/live in the US again over the long term. But it seems that you can only file the I-131 from the US.

Does anyone have any information on whether that has changed since COVID? This is very stressful as we are planning to go back for a family visit this summer and I don't quite know which route to go. 

Thanks!

Hi all, I just wanted to update you. During my recent trip to the US I explained my situation to the border agent and was very upfront. He decided to let me keep my green card and my status! He said there was some discretion, and that given our particular situation, and the fact that he believed I was not lying, that I have string family ties to the US, etc... that my visit would reset my timeline since leaving the US to zero, but that I should apply for a re-entry permit right away because of the six month window. He also said I can apply from Canada for the re-entry permit.

I am posting this just in case someone else is in this situation. Thanks for all your advice!

Thanks, kcoyclay. Your reply is very useful. And I see you have gone through a process of your own. Wow, looking at your timeline I see you have had quite a journey. So sorry about your hubby.

Hey all, Thanks for all of your thoughts. It's funny, we were really not sure how long we would be up here and then my husband got work up here (through his own qualifications) and now I am doing grad work on both sides of the border, so was just wondering if it is possible to keep my status since I will be in the US a lot (though based in Canada). In all likelihood we will stay up here since our quality of life and job opportunities are a little better here (my American husband calls Canada the new land of opportunity!) But I regret not applying for citizenship since Canada recognizes duals and it would have kept a door open to me.

But, my experience with visas coming from Canada is that a lot of border agents are pretty flexible with Canadians (though not always - I have had some friends have bad experiences). I might just drive down to the border in a week or two and speak with them face to face to see if this can be sorted out. If not, I suppose I will start the whole green card process again if I need to down the road. Fortunately my work falls under a pretty straightforward (TN) work permit thing if I ever need to work there again so it would;t be as difficult as it would be coming from most countries in the world.

Thank you all for your feedback and thoughts!

Thanks Asia and NigeriaorBust. Hmm...I wonder if I will get lucky, too.

Sorry if I sounded dismissive of anyone's comments - was not my intention. Actually, I am really happy that so many people have weighed in. It is just hard because I hear so many different things about this, so I hope that someone who has been in this situation might comment, too.

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

That's the problem - I didn't do anything. We just left. However, I read recently that if you immigrate through marriage you don;t have to maintain it? Also, as a student I thought perhaps I would be fine. I could be wrong. Maybe I need to find an immi lawyer. Ugghhh...I hate this stuff.

Well, I as I mentioned I have a green card (i.e., I am a permanent resident). I left the country after having the conditions lifted on my green card.

Hi - I have been a green card holder since 2007 and am now studying outside of the country (my American husband and son are both with me). I am wondering if I can apply for citizenship while away? I have been gone for a year and a half, and realize we may one day want to return to the US and so would like to apply for citizenship but not sure if I am allowed while away

Thanks!