Help! GC Holder.. Living in Canada- Re-Entry Permit ?

[CanadianEh1 0]

Hi Fellow VJers.........

I am a conditional green card holder, Canadian Citizen, I lived in the US for two years before moving back to Canada for work reasons about 13 months ago-- I understand that I need to apply for a re-entry permit- can someone clarify what exactly the purpose of the Re-Entry permit is? Also since moving back here, I have routinely every 6 weeks or so been travelling to the USA- how long do I have to apply for this, and also does the fact that I go to the USA affect the RE-ENtry permit or anything with my status.

I guess I am unsure as to weather I want to stay in Canada or move back to the USA yet.

[dwheels76 5,469]

Hi Fellow VJers.........

I am a conditional green card holder, Canadian Citizen, I lived in the US for two years before moving back to Canada for work reasons about 13 months ago-- I understand that I need to apply for a re-entry permit- can someone clarify what exactly the purpose of the Re-Entry permit is? Also since moving back here, I have routinely every 6 weeks or so been travelling to the USA- how long do I have to apply for this, and also does the fact that I go to the USA affect the RE-ENtry permit or anything with my status.

I guess I am unsure as to weather I want to stay in Canada or move back to the USA yet.

To keep a green card you have to one be living in the united states more than outside. You having a green card and coming back every 6 weeks they see that u are out more than in so you need a re-entry.

You should schedule an Infopass appointment at ur local USCIS office and see about the re-entry. But you are already violating the purpose of the green card living abroad and you say you are "visiting" the states.

[CanadianEh1 0]

Hi 1976

Your message isn't really clear/helpful

[JohnR! 5,495]

Hi Fellow VJers.........

I am a conditional green card holder, Canadian Citizen, I lived in the US for two years before moving back to Canada for work reasons about 13 months ago-- I understand that I need to apply for a re-entry permit- can someone clarify what exactly the purpose of the Re-Entry permit is? Also since moving back here, I have routinely every 6 weeks or so been travelling to the USA- how long do I have to apply for this, and also does the fact that I go to the USA affect the RE-ENtry permit or anything with my status.

I guess I am unsure as to weather I want to stay in Canada or move back to the USA yet.

If you have been coming into the US every 6 weeks or so you do not need a re-entry permit. Also make sure you keep filing your taxes in the US to avoid losing your GC.

Having said that, at some point a CBP agent may question you as to your constant in-and-out of the country. Just be prepared to tell them your story.

Good luck!

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Working & Traveling During US Immigration forum.

[Little_My 464]

The idea of a residence permit, i..e a greencard, is for you to be able to reside in the United States. If you choose not to reside in the US, then USCIS often tends to reach the conclusion that as someone not residing in the country, and also not contributing to the economy through work, taxes, and so forth, you really don't need a greencard - hence, they have a habit of taking away greencards from people who obviously do not reside in the US.

However, it is clear that sometimes life requires you to make hard choices and sometimes you might find yourself in a situation where, for whatever reason, you have to relocate outside of the US, temporarily. The stress is on the "temporarily" here. For these situations, there is the option of a re-entry permit, which essentially protects your greencard status for up to 2 years spent abroad. This means you can live abroad for two years, and that two years will not affect your greencard status and status as a permanent resident of the United States. Without a greencard, living abrod for two years would automatically mean abandoning your residency in the US and losing your greencard.

However, a greencard holder is allowed to stay out of the us for up to 12 months without necessarily losing their greencard. I say "necessarily", according to USCIS, any length of time spent abroad can be used to determine that a person has abandoned their residency. If you have not been filing your tax returns in the US while living in Canada, this can also be used to determine that you've abandoned your residency. Greencard holders are tax liable in the US, despite where they live - you might not have to pay taxes, but you always have to file.

Many people say you shouldn't be gone for more than 6 months at a time. The hard limit is 12 months - after 12 months of being abroad consecutively, you automatically abandon your residence and your greencard becomes invalid. Obviously, this has not been the case for you, since you have been coming back to the US frequently and therefore, up to now, have maintained residency in the US. However, you're playing russian roulette with your greencard. At some point, CBP will catch on to the fact that you're actually living somewhere else and merely visiting the US, and at that point things can get complicated. Therefore, if your plan is to continue living in Canada, I would suggest getting a re-entry permit. It will make your life a lot easier, and you won't have to worry about running into trouble with CBP or USCIS about maintaining your residency.

You say you are a conditional greencard holder. That means that at some point (soon, I assume, given the timeline you've described) you will have to apply for removal of conditions. You'll have to come to the US for biometrics, and for an interview if they call you in for one. Similarly with a re-entry permit, you'd have to get biometrics taken in the US.