Going back to CANADA

[smurfette71 0]

any suggestions on next MOVE or FORM????

my son is not thinking future, lol only turned 18 years old, how ever he has made his mind up and is planning on never coming back to LIVE in USA, but will visit, so now I am not sure what I need to do for him to stay in Canada as he is cuurently there and enrolling into university in Canada, and wants to work and activiate his SIn and MB healh card.

any suggestions on my next move

his biometrics appt is for july 18 and will not be here for it, I have sent a request to reschedule his appt, as I was not certain of his decision until just two days ago, when my parents sat down with him and told him all he would be tossing away, he claims Canada is his HOME, His heart belongs there.

so now I am staying here with my youngest son and we are both going to our biometrics appt july 18

Do you think this will cause a FLAG in my case that my oldest son dont show.

oh geez I really dont need and FLAGS

is there a certain letter or form I could send just incase ONE day when he older decides he would like to live in USA again, that the visa process would be just a little easier, or would this actually do harm for him ever coming back, as USA may say "you HAD YOU CHANCE",

any suggestions or links or where to find out this would be SO greatly appreciated as he wants to start his life Back in CANADA.

Thank y'all

this forum is so great and has helped me deal with issues I never thought I would survive,

[canadian_wife 1,827]

Of course it won't be a flag, I hardly think they'll notice. And if they do, you have a simple, logical, rational answer.

I know there is a returning resident visa, http://travel.state.gov/visa/immigrants/info/info_1333.html but he must submit supporting documents that show the following:

Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)

Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)

Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

So not sure if that will work since he doesn't plan on returning

Good luck

[Kathryn41 3,205]

The 'options' if your son later decides he would like to return to the US through your residency are not plentiful but they are possible. There isn't anything you need to do now to keep the option open - only when you know that he wishes to take advantage of one of the options. Then you would file an I-130 petition to sponsor a family member to the US.

The 'best' option is if you are a US citizen and he is under 21 years old and unmarried you can sponsor him for a green card. He is considered an 'immediate' relative so there is no waiting for a priority date. If he is over 21 or if he gets married even if he isn't yet 21, then he would no longer qualify as an immediate relative, but would still qualify as family. You would file an I-130 petition in both of these situations, but in the second one he would have to wait for a priority date - that is when there will be a visa available in his category - to come due. The waiting time for a priority date is between 6 to 12 years approximately (it can also be more for certain categories from certain countries) based on whether he is married or unmarried. Priority dates for unmarried adult children over 21 are currently available sooner than for married adult children over 21.

If you are not a US citizen but still a permanent resident yourself, you can still sponsor him as a green card holder as long as he is unmarried. Once he marries you can no longer sponsor him while you are a permanent resident. You would have to become a citizen first in order to sponsor him as a married adult child. The waiting period for this type of visa's priority date to become current is about 7 to 8 years. .

So he has the opportunity now to become a green card holder, but if he prefers not to and wishes to live permanently in Canada it doesn't mean that he has no options in the future if he changes his mind - just that the time involved to accomplish it will be lengthy. As well, priority dates change constantly so what they are if/when he does want to move to the US may well be different.

Edited July 14, 2012 by Kathryn41

[smurfette71 0]

The 'options' if your son later decides he would like to return to the US through your residency are not plentiful but they are possible. There isn't anything you need to do now to keep the option open - only when you know that he wishes to take advantage of one of the options. Then you would file an I-130 petition to sponsor a family member to the US.

The 'best' option is if you are a US citizen and he is under 21 years old and unmarried you can sponsor him for a green card. He is considered an 'immediate' relative so there is no waiting for a priority date. If he is over 21 or if he gets married even if he isn't yet 21, then he would no longer qualify as an immediate relative, but would still qualify as family. You would file an I-130 petition in both of these situations, but in the second one he would have to wait for a priority date - that is when there will be a visa available in his category - to come due. The waiting time for a priority date is between 6 to 12 years approximately (it can also be more for certain categories from certain countries) based on whether he is married or unmarried. Priority dates for unmarried adult children over 21 are currently available sooner than for married adult children over 21.

If you are not a US citizen but still a permanent resident yourself, you can still sponsor him as a green card holder as long as he is unmarried. Once he marries you can no longer sponsor him while you are a permanent resident. You would have to become a citizen first in order to sponsor him as a married adult child. The waiting period for this type of visa's priority date to become current is about 7 to 8 years. .

So he has the opportunity now to become a green card holder, but if he prefers not to and wishes to live permanently in Canada it doesn't mean that he has no options in the future if he changes his mind - just that the time involved to accomplish it will be lengthy. As well, priority dates change constantly so what they are if/when he does want to move to the US may well be different.

thank you that was very helpful,

Of course it won't be a flag, I hardly think they'll notice. And if they do, you have a simple, logical, rational answer.

I know there is a returning resident visa, http://travel.state.gov/visa/immigrants/info/info_1333.html but he must submit supporting documents that show the following:

Dates of travel outside of the U.S. (Examples: airline tickets, passport stamps, etc.)

Proof of your ties to the U.S. and your intention to return (Examples: tax returns, and evidence of economic, family, and social ties to the U.S.)

Proof that your protracted stay outside of the U.S. was for reasons beyond your control (Examples: medical incapacitation, employment with a U.S. company, accompanying a U.S. citizen spouse, etc.)

So not sure if that will work since he doesn't plan on returning

Good luck

thank you so much for the info