Crossing the canadian border question

[Boink 0]

Hi,

I'm a permanent resident, but due to personal circumstances I was out of the country for nearly a year, in Toronto, Canada.

I am planning on returning to the US soon. Will I have an issue crossing the American border (probably in a Canadian car), or do I just present my green card and keep going? I've been told that an immigration officer may determine that I "abandoned" the US and take away my permanent residency.

What do you think are my chances of having a problem in the border?

TIA!

[Krikit 1,165]

You're good for coming back in if it's less than a year that you've been away. The only issue you may have is if you apply for naturalization it may impact when you can do it. See this link for additional information. You can also do a search on the same link for other FAQ's. CBP.gov FAQ's

[Boink 0]

Thanks for the very prompt response.

Yes, I realize that if I had been out of the country for more than a year it would have been worse.

Still, it will be around 11 months when I cross back, so I'm afraid it kind of make it seem like I'm crossing back just for the "stamp" (which is true, in part - I may go back to Canada shortafter, but make sure to get back into the US more often from now on, until I can go back for good).

I'm really hoping that the border person would just glance at my card and tell me to keep driving. What d'ya think are the chances of that happening, vs. getting pulled over getting asked a million questions? Should I carry evidence to my personal circumstances with me that will show why I had to stay out of the country for so long? (it's all legal stuff. Embarrassing, but legal...)

Edited June 18, 2008 by Boink

[bowflex 0]

I'd definitely bring all the evidence you can to be prepared, but I don't imagine you'll have any problems since it's been less than a year. Good luck!

[Boink 0]

I'd definitely bring all the evidence you can to be prepared, but I don't imagine you'll have any problems since it's been less than a year. Good luck!

Thanks. This is reassuring. If I were a border control officer, I'd find it awfully weird that someone just happens to walk back in right when the door is about to get locked...

How would they know when I left, anyways? I don't recall going through customs when I flew out of the US (I left via Newark airport)...

[Krikit 1,165]

You're obsessing. You're under a year out of the country. It's not going to be a problem. Stop worrying.

[Boink 0]

You're obsessing. You're under a year out of the country. It's not going to be a problem. Stop worrying.

You think?

Darn it.... Years of therapy gone to waste

What if I flew out to Cuba and swam to Florida, would that give me better chances? I'll start going to the gym right now to practice

OK, you don't have to answer that

Thanks for the ultra-quick replies all!!

[Krikit 1,165]

[warlord 73]

Anything after 6 months can be viewed as abandonment. Over a year it's pretty much guarenteed. 11 months is really showing that you could have abandoned the Green Card especially if you were found residing and working in Canada with no ties to the US. People have come back without issues and others have gotten in troube even from 6 months and after.

It will be up to the border guard to determine this, but if you are looking like you are moving (rental truck and personal belongings that show an extended stay, canadian plates on your car etc) then they may very well question this and pull you in for questioning and seeing your US ties.

So yes you are at potential risk of having your Green Card abandoned since moving away is a big no no like that unless you have the proper material...

[Boink 0]

Wahhaaa.... That's not good.

I don't think I'm going to look very suspicious, other the Canadian plates on my rental car. I'm not bringing anything out of the ordinary with me.

Now let me get this right, since I haven't crossed the border by car after 9/11 ever. You drive to the border, you show your green card, you tell your story (for convenience sake let's say that my story is I'm a tourist from the west coast going to see the Niagara falls and not that I'm a returning resident who hasn't been around for 11.5 months). I'm going to get pulled over? Don't they get like hundreds of tourist like me every day? Of course lying is never good, but per what you're saying my true story is a guaranteed problem.

No? Yes? Advice anyone?

TIA

P.S. I am NEVER going to let this much time pass without entering the US again!!

[Krikit 1,165]

Oh way to go, Warlord.

You drive to the border and hand them your greencard. They ask you where you live and you tell them. They ask you how long you've been away and you tell them. Depending on the officer, they may or may not give you a hard time about this. But it's doubtful they will refuse you entry.... you have a gc and you've been out of the country for less than a year. If you lie or you're being evasive, prepare for a hard time. If you're honest and straightforward, you'll get through it. Simple as that.

[Boink 0]

OK, everyone - cast your votes will I or will I not spend the night in jail... Should I or should I not try my luck and make up a wonderful story about being a tourist from California (I was, actually a tourist from California about 11 months ago...).

Oh, lord. I guess all that's left is to try. Nothing much to lose really - if I don't go back pretty soon I'll pass the one year deadline, and if I do then I'm up for the border control rollercoaster ride. Grrreat....

[aravis227 1]

OK, everyone - cast your votes will I or will I not spend the night in jail... Should I or should I not try my luck and make up a wonderful story about being a tourist from California (I was, actually a tourist from California about 11 months ago...).

Oh, lord. I guess all that's left is to try. Nothing much to lose really - if I don't go back pretty soon I'll pass the one year deadline, and if I do then I'm up for the border control rollercoaster ride. Grrreat....

Never ever, EVER, EVER lie to a border patrol person...if they deny you entry based on the truth you can appeal later. If they catch you lying you're just screwed and you have no recourse because you lied to them.

In my ever so humble opinion at least

[Krikit 1,165]

Okay. You've got me wondering about your sanity, so I sure hope you're joking.

If you lie and they find out, you won't go to jail. But you can bet your life that you'll never cross the border again.

Edited June 18, 2008 by Krikit

[T.O_2_FL 0]

I say cross the border prepared with all your legal embarassing paperwork so that in the worse case if they do ask for more details for your long 'vacation' from the U.S. you'll have the evidence of why you were away for so long.

Think of it when you applied for your Residency.....you probably had an interview somewhere along the line and over prepared with your paperwork just incase

I think you'll be fine because you have a good/legal reason all documented, embarassing albeit.