Got US PR but stayed in Canada

[lynnmatic 0]

My Canadian wife got Her US PR card in Summer of 07, and joined me in the US that fall, but due to job change, we moved back to Canada before She stayed a full year in the US.

This past Christmas we flew to US to visit family, and the US customs guy gave Her a hard time of course, but let Her enter. He advised we take our case to the nearest US consulate, which in our case is Calgary.

Can anyone here advise us on the process, please? Should we just show up there and plead Her case. There is a chance we will be moving back to the US in the near future, but not sure when.

Thanks in advance,

Lynnmatic

[Kathryn41 3,205]

Giving up residence in the US to take up residence in another country effectively cancels the Green Card. If you knew your stay was to be temporary you could have applied for a re-entry permit before she left the country but it can't be done retroactively. I don't know what the Consulate will be able to do for her. You may be faced with having to re-start the immigration process when you want to return to the US. With both of you being resident in Canada at least you can do a DCF (Direct Consular Filing) which is the fastest process to get back to the US. The US is pretty strict about green card status - they expect you to be living in the US if you are a permanent resident - if you are not living in the US you are no longer a permanent resident. I think I would be prepared for them to confiscate her green card.

[lynnmatic 0]

Giving up residence in the US to take up residence in another country effectively cancels the Green Card. If you knew your stay was to be temporary you could have applied for a re-entry permit before she left the country but it can't be done retroactively. I don't know what the Consulate will be able to do for her. You may be faced with having to re-start the immigration process when you want to return to the US. With both of you being resident in Canada at least you can do a DCF (Direct Consular Filing) which is the fastest process to get back to the US. The US is pretty strict about green card status - they expect you to be living in the US if you are a permanent resident - if you are not living in the US you are no longer a permanent resident. I think I would be prepared for them to confiscate her green card.

Thanks for the reply, Kathryn. I suspect you are right. She will have to give up the current card, and start all over when the time comes.

It was our dumb mistake not to exercise more care to apply for re-entry before coming back.

We will send the consulate in Calgary a letter and hear the verdict from them.

Thanks again,

Lynnmatic