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shawna7

waivering green card holder

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he everyone.. I need some advice

My 16 year older is considering staying in Canada for this school year with her dad.

She just received her green card in May.. shes homesick.. My question is as long as shes coming back to the US a couple of times a month..will that suffice? or is she absolutely going to lose her status? she has her home here..she owns a horse here..and she won't be working in Canada...I don't know if any of this will make a difference.

thanks for any help

S

AOS

02/25/08 sent AOS packet

02/26/08 packet received chicago lockbox

03/03/08 NOA(I-485,I765,I131)for daughter and myself

03/09/08 received biometrics appointment letter

03/25/08 RFE recieved for NOA for I129F(USCIS lost it! DOH!)

03/25/08 RFE sent

03/26/08 biometrics appointment(YAY!)

03/26/08 EAD touched(for daughter and myself)

03/28/08 EAD touch again!

04/03/08 RFE received case processing resumes

04/29/08 request AP expedited

05/01/08 AP sent out

05/02/08 case transfered to CSC

05/02/08 EAD card production ordered

05/05/08 EAD card production ordered again

05/10/08 EAD card received

05/16/08 AOS touched

05/18/08 AOS touched again!

06/11/08 AOS card production ordered!

06/16/08 green card received in mail!!

no more USCIS for almost 2 years!!

ROC

04/07/10 sent I-751 to VSC

04/09/10 NOA recieved

04/13/10 cheque cashed

05/17/10 early biometrics

06/29/10 card production ordered

07/10/10 card received

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She will not loose her status. The only thing is that the time she is abroad will be counted, and the date when she can apply for naturalization will be delayed by the days she's been outside the US.

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i guess not, if its only for an year and she visits US frequently.

But you cant say with an absolute certainty that she wouldn't loose her status (specially if she stays there longer than an year). at a time she is crossing the border, if an immigration officer has enough reasons to believe that she has more ties to another country, they can decide to take away the GC. these ties include full time employment etc. (also they consider other factors, if that comes up they will serve a notice asking to appear for a hearing). bottom line is technically she could loose the status, but i don't know whether it really happens that way. check with a lawyer i guess......

She will not loose her status. The only thing is that the time she is abroad will be counted, and the date when she can apply for naturalization will be delayed by the days she's been outside the US.
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Thank you so much for responding..obviously its a tricky situation (teenagers are crazy.. :rofl: ) I suspected the answer..but I really needed some others opinions..again..thank you

S

AOS

02/25/08 sent AOS packet

02/26/08 packet received chicago lockbox

03/03/08 NOA(I-485,I765,I131)for daughter and myself

03/09/08 received biometrics appointment letter

03/25/08 RFE recieved for NOA for I129F(USCIS lost it! DOH!)

03/25/08 RFE sent

03/26/08 biometrics appointment(YAY!)

03/26/08 EAD touched(for daughter and myself)

03/28/08 EAD touch again!

04/03/08 RFE received case processing resumes

04/29/08 request AP expedited

05/01/08 AP sent out

05/02/08 case transfered to CSC

05/02/08 EAD card production ordered

05/05/08 EAD card production ordered again

05/10/08 EAD card received

05/16/08 AOS touched

05/18/08 AOS touched again!

06/11/08 AOS card production ordered!

06/16/08 green card received in mail!!

no more USCIS for almost 2 years!!

ROC

04/07/10 sent I-751 to VSC

04/09/10 NOA recieved

04/13/10 cheque cashed

05/17/10 early biometrics

06/29/10 card production ordered

07/10/10 card received

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Share on other sites

 
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