a US Permanent Resident planning to immigrate to Canada

[Maryamm 1]

Hi everyone, please forgive me if I posted this in the wrong place.

as the title says, me and my husband are planning to move to Canada. He is a US citizen and I'm a US permanent resident for more than 3 years now. Reasons we want to move is we like the lifestyle there, we feel that our hearts wanna be there, especially my husband ( he is a Canadian permanent Resident)

so I've been reading a little bit about how my status in the US is gonna be later. they say"that if you leave the country, you're considered to abandon your lawful residency".

to be honest I have this fear inside my head...what if things don't work out in Canada?and wanna go back to the US (and i already lose my PR)???

any advise? we're actually open to move somewhere in the US still, but it's the "life" that we want that we're looking for...so far it's Toronto.

Please help, any advise/suggestion are welcome.

Thank you.

M

[SM & EF 41]

I'm no expert but I do believe if you are going to be out of the US for more than a year then you need to apply for a re-entry permit. Even with that, there might still be an issue getting back in the country. I'm sure you can search on here as well as the rest of the Internet to get the details.

Before thinking about any of that, your post did make me wonder a few things.

1. Do you plan on living in the US permanently at some point in the future?

2. Are you a conditional perm resident or do you already have your 10-year green card?

3. Have you thought of becoming a US citizen yourself?

Edited July 9, 2016 by SM & EF

[Cheezees 1,514]

Becoming a US citizen will take care of all your fears.

[EM_Vandaveer 2,408]

Apply for naturalization. Once you are a USC you can live anywhere and come and go as you please.

[Sata 1]

request for white passport.... it let you stay outside of US for near 2 years...

What Is a White Passport?

Most commonly, the term white passport refers to a permit allowing immigrant residents of the United States to reenter the country after extended travel abroad. Application for this permit is, essentially, a statement that, while a person may be absent for a long period of time, he or she wishes to continue to live in the U.S. When taken literally, however, a white passport can actually refer to a passport with a white cover. These rare documents may be issued by some countries for very specific types of travel purposes.

Under United States law, a lawful, permanent resident may legally travel outside the country for periods of up to one year without risking loss of resident status. A white passport, or reentry permit, extends that time limit to two years. As a reentry permit cannot be renewed, residents wishing to reenter the U.S. after two years must apply for a returning resident visa or, in a worst-case scenario, begin the green card application process anew.

Individuals wishing to attain a white passport must return a completed Form I-131, Application for Travel Document, to the U.S. Citizenship and Immigration Services (USCIS) offices. These forms can be obtained from either the USCIS website or by visiting the nearest office. Uncomplicated reentry applications can take up to 90 days to process. If possible, departure dates should be scheduled accordingly.

While it is not recommended, a permanent resident can leave the United States while the application for a white passport is being processed. The application and accompanying fingerprinting, however, must originate in the U.S. There is some risk associated with this option, as a denial of the application could result in loss of residency. If approved, the reentry permit would be sent to the nearest U.S. consulate or embassy in the country that is being visited.

A white passport is appropriate in certain other specific circumstances, even if the time away is expected to be under one year. For example, for a resident unable to receive a passport from the U.S. or the country of birth, a reentry permit may be the only available documentation for travel abroad. Those who need to establish temporary residency in another country can, sometimes, use the permit to prove that their intentions were not to forgo U.S. citizenship permanently.

Despite the name, a white passport issued by the U.S. is generally neither white nor in passport form. Other countries, however, do issue such documents. In India, for example, passports with white covers are issued to travelers who will be acting as official representatives of their government while abroad.

Edited July 9, 2016 by Sata

[aaron2020 11,651]

You will be deemed to have abandoned your LPR status by moving to Canada. On your Canadian tax return, you would file as a resident. Doing so is one of the reason to deem you abandoned your US LPR status.

You are eligible to file for US citizenship. Having US citizenship will allow you to move to Canada and come back whenever you like.

[Maryamm 1]

I'm no expert but I do believe if you are going to be out of the US for more than a year then you need to apply for a re-entry permit. Even with that, there might still be an issue getting back in the country. I'm sure you can search on here as well as the rest of the Internet to get the details.

Before thinking about any of that, your post did make me wonder a few things.

1. Do you plan on living in the US permanently at some point in the future?

2. Are you a conditional perm resident or do you already have your 10-year green card?

3. Have you thought of becoming a US citizen yourself?

hello, thanks for your reply.

1. I really can't say yes or No to that. well I'm not sure. anywhere is fine for me really...but if life takes me back here, I would say say yes. 2.I have a 10 year old GC (sorry for being unclear) 3. a while ago yes, and now somebody strongly suggested me to do it, i think to myself, why not?

[Maryamm 1]

You will be deemed to have abandoned your LPR status by moving to Canada. On your Canadian tax return, you would file as a resident. Doing so is one of the reason to deem you abandoned your US LPR status.

You are eligible to file for US citizenship. Having US citizenship will allow you to move to Canada and come back whenever you like.

thank you. im thinking about it.

[Maryamm 1]

thanks all, other question is, What if my Canadian Visa application is refused? what is the worst thing can happen? will i be deported to my country (Indonesia)

Edited July 9, 2016 by Maryamm

[aleful 1,905]

hi

definitely apply for citizenship, it is work the wait as others have said you can come and go as you please, if you abandon your GC you would have to start all over again,

[Maryamm 1]

hi

definitely apply for citizenship, it is work the wait as others have said you can come and go as you please, if you abandon your GC you would have to start all over again,

yeah, and I don't want that

..still thinking...thinking.... I dunno. in some ways, I still wanna hold my Indonesian citizenship. I wish Indonesia supported dual citizenship..oh well..

[usmsbow 801]

Do you own any property in Indonesia? That's the only reason my wife is keeping her Indonesian citizenship (can't own property as a non-citizen, at least that's what we've been told). Are there any other benefits from keeping your Indonesian citizenship?

[aaron2020 11,651]

thanks all, other question is, What if my Canadian Visa application is refused? You can't move to Canada. Being denied a Canadian visa has nothing to do with your LPR status. what is the worst thing can happen? Nothing will happen if you don't move to Canada. will i be deported to my country (Indonesia) Not for apply for or being denied a Canadian visa. If you are deemed to have abandoned your status by moving to Canada, you would still get to see an immigration judge.

[bigdog 376]

Apply for US Citizenship then go to plan B.

[Jawaree 717]

Lots of stuff can happen in the future, apply for citizenship

B4 leaving, if you go & stay out it will be GC abandonment,

apply so you have the same options as your husband to change

his mind and return home