US Perm Resident by Marriage Studying Out of Country - Citizienship?

[Rob L 3,811]

And how do you prove you were unable to return from Canada?

Me, I don't have to prove anything, I was just posting a page from the State department that shows there is a possible path back without repetitioning.

[Hypnos 6,577]

Your green card is gone; you abandoned your residency.

You can apply for an SB-1 returning resident visa, but would need to demonstrate that the reasons you were outside the US for such a prolonged period of time were unforseen and beyond your control. For that reason, they are very difficult to obtain.

Edited December 5, 2014 by Hypnos

[raven52 233]

You threw your status here in the Us away, by not paying more attention to your situation, and losing your LPR status. To me that is gone as well as your GC.

I have no idea what you do, but it seems you took a great thing, getting a GC, then not taking care of the status of the GC.,.,.,I hope it works out for you if you and your family want to return, this is "land of the free!"

[canadian_wife 1,823]

While in Canada, have you claimed any benefits? Such as using the provincial health care system or declaring resident status for tuition at your school? How is your husband also able to stay in Canada for this amount of time?

good luck

[JimmyHou 611]

The situation isn't all that serious. The OP said that she MAY want to move back to thr US at some point. If that happens, her husband can sponsor her for a Green Card. She would have up turn in her current card first though.

[msherema 1]

Hey all, Thanks for all of your thoughts. It's funny, we were really not sure how long we would be up here and then my husband got work up here (through his own qualifications) and now I am doing grad work on both sides of the border, so was just wondering if it is possible to keep my status since I will be in the US a lot (though based in Canada). In all likelihood we will stay up here since our quality of life and job opportunities are a little better here (my American husband calls Canada the new land of opportunity!) But I regret not applying for citizenship since Canada recognizes duals and it would have kept a door open to me.

But, my experience with visas coming from Canada is that a lot of border agents are pretty flexible with Canadians (though not always - I have had some friends have bad experiences). I might just drive down to the border in a week or two and speak with them face to face to see if this can be sorted out. If not, I suppose I will start the whole green card process again if I need to down the road. Fortunately my work falls under a pretty straightforward (TN) work permit thing if I ever need to work there again so it would;t be as difficult as it would be coming from most countries in the world.

Thank you all for your feedback and thoughts!

[Boiler 45,756]

If you want legal advice speak to a lawyer.

[kcoyclay1 98]

Actually, I maintained residency for six years after I received my green card, so I am pretty sure I have the ability to apply for citizenship. My hope is that someone who has had a situation somewhat comparable to mine who has looked into might be able to comment. Also , I don't think my residency is necessarily abandoned yet. In fact, that is apparently a grey area. I suppose I will see next time I cross the border.

Hi msherema, you have to meet the continuous residency guidelines. It doesn't matter how long you have been a permanent resident; your status has to be maintained. Also citizenship applications requires information from the last 5 or 3 years. It's not about being a PR for and accumulation of 5 years. USCIS wants to ensure that prospective citizens are paying their taxes and intend to live in and make the US their home. the fact that you left tor 18 months means that you gave up your permanent status. If you had returned during your school breaks and not lived the entire 18 months in Canada, then you may apply. But if you stayed away for the entire time, then you have given up your permanent residency. See information from USCIS website below:

Maintaining Permanent Residence

You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA). If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently
• Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

[msherema 1]

Thanks, kcoyclay. Your reply is very useful. And I see you have gone through a process of your own. Wow, looking at your timeline I see you have had quite a journey. So sorry about your hubby.

[msherema 1]

Hi all, I just wanted to update you. During my recent trip to the US I explained my situation to the border agent and was very upfront. He decided to let me keep my green card and my status! He said there was some discretion, and that given our particular situation, and the fact that he believed I was not lying, that I have string family ties to the US, etc... that my visit would reset my timeline since leaving the US to zero, but that I should apply for a re-entry permit right away because of the six month window. He also said I can apply from Canada for the re-entry permit.

I am posting this just in case someone else is in this situation. Thanks for all your advice!

[JimmyHou 611]

Hi all, I just wanted to update you. During my recent trip to the US I explained my situation to the border agent and was very upfront. He decided to let me keep my green card and my status! He said there was some discretion, and that given our particular situation, and the fact that he believed I was not lying, that I have string family ties to the US, etc... that my visit would reset my timeline since leaving the US to zero, but that I should apply for a re-entry permit right away because of the six month window. He also said I can apply from Canada for the re-entry permit.

I am posting this just in case someone else is in this situation. Thanks for all your advice!

It's strange that he said that you can apply from Canada... the instructions clearly say that you cannot:

"I am a LPR and need to travel abroad. Can I file my Form

I-131 to get a reentry permit while I am outside the United

States?

No. You cannot file a Form I-131 to obtain a reentry permit unless

you are physically present in the United States when you file the

form.

You should file your Form I-131 no fewer than 60 days before you

intend to travel abroad"

http://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

Maybe there's an exception that isn't listed in the reference document... or he didn't know what he was talking about. It's worth checking before you leave the US again.

[Sweetcheeksss 91]

I'd be careful in putting all your faith in what that border guard told you.

I lived in the US for 2 years in the early 2000's and had my green card (marriage based). I had to rush up to Canada because my mother had a massive stroke and had no one to look after her. I ended up staying much longer than originally anticipated, my marriage suffered from it and not knowing ANYTHING about immigration laws, I decided to just stay up in Canada for the time being.

Well fast forward 1.5 years, my hubby & I decided to make another go at our marriage, I went to the US customs & border protection office at the airport. I spoke with a SUPERVISOR there that said everything was ok, I drove to the border to cross into the US for a visit and I was detained and told that I had abandoned my PR status. Because they said I wasn't "living" or working in the US. SO be careful, because what one guard tells you isn't necessarily true.

[Boiler 45,756]

It is a subjective issue, different people different responses. Probably in this case got lucky. My advise would be not to push it.

[Hypnos 6,577]

In general, advice from CBP is worth precisely what you have paid for it. They were wrong about being able to apply for a re-entry permit from outside the US, so who knows what else they were wrong about?

I've seen countless examples on these forums of incorrect advice given out by them, and so you are best served by ignoring it and obtaining proper advice either from an experienced immigration attorney or USCIS. In this case, USCIS are the relevant agency (with regards to re-entry permits), not CBP; they just happen to both come under the umbrella of the Department of Homeland Security. CBP check that the documents you are presenting in support of your application to enter the US (passport, green card, re-entry permit, etc.) are valid, and that's about it.

Edited January 7, 2015 by Hypnos

[Buckyball 22]

For N-400 it doesn't matter if the let you back into the country. USCIS will most likely reject the application you were 18 monthy out of the country and broke the continious residency requirement.