Studying outside the US (split)

[Pumkin 7]

I have a similar question.

I am going through employment based green card now, filed i-485 already, waiting for interview and approval. 

I have child/dependent who is in high school now.

Is it possible to study outside of US and maintain your green card?

Example, my daughter maintain US as primary residence, but go to Canada to attend University.

Typical Canadian College / University school year would require be in Canada Sept 1st to Dec 20th. (about 4 months)

Be home (in USA) for Christmas/new year break (about two weeks).

Be in Canada from Jan 5th to April 30th (about 4 months).

Then spend spring/summer in US (internship for 4 months).

Thus she would be outside the US for a little less than 8 months of the year. Can you maintain your Green Card in this situation?

Reason maybe easier to get accepted in Canadian College/University or cheaper overall cost, or field of study.

This would be for four year degree.

Long term goal is of course work in USA after college. (better job opportunities, higher salaries, etc)

If the trips outside the US are less than six months (example 4 months at a time), would this work?

I read about this six months abroad, but not sure if it at one time or if it per calendar year.

Or can you ask for permission in advance? (to be outside US 8 months in a 12 month period)?

 

[vocal 41]

37 minutes ago, Pumkin said:

I have a similar question.

I am going through employment based green card now, filed i-485 already, waiting for interview and approval. 

I have child/dependent who is in high school now.

Is it possible to study outside of US and maintain your green card?

Example, my daughter maintain US as primary residence, but go to Canada to attend University.

Typical Canadian College / University school year would require be in Canada Sept 1st to Dec 20th. (about 4 months)

Be home (in USA) for Christmas/new year break (about two weeks).

Be in Canada from Jan 5th to April 30th (about 4 months).

Then spend spring/summer in US (internship for 4 months).

Thus she would be outside the US for a little less than 8 months of the year. Can you maintain your Green Card in this situation?

Reason maybe easier to get accepted in Canadian College/University or cheaper overall cost, or field of study.

This would be for four year degree.

Long term goal is of course work in USA after college. (better job opportunities, higher salaries, etc)

If the trips outside the US are less than six months (example 4 months at a time), would this work?

I read about this six months abroad, but not sure if it at one time or if it per calendar year.

Or can you ask for permission in advance? (to be outside US 8 months in a 12 month period)?

 

In order to study abroad while maintaining your green card you would most likely need a re-entry permit or an SB-1 returning resident visa.

[Ontarkie 14,227]

~~Post and reply split to off to it's own thread.~~

 

mod hat off

As mention reentry permit is best to have for studying in Canada. Also your daughter will need to be paying for school as an international student and make sure she does not use the Canadian health care as she is no longer a Canadian resident. She will need to buy insurance that will cover her while she is away. 

Edited August 21, 2018 by Ontarkie

[Tinman71 42]

1 hour ago, Pumkin said:

I have a similar question.

I am going through employment based green card now, filed i-485 already, waiting for interview and approval. 

I have child/dependent who is in high school now.

Is it possible to study outside of US and maintain your green card?

Example, my daughter maintain US as primary residence, but go to Canada to attend University.

Typical Canadian College / University school year would require be in Canada Sept 1st to Dec 20th. (about 4 months)

Be home (in USA) for Christmas/new year break (about two weeks).

Be in Canada from Jan 5th to April 30th (about 4 months).

Then spend spring/summer in US (internship for 4 months).

Thus she would be outside the US for a little less than 8 months of the year. Can you maintain your Green Card in this situation?

Reason maybe easier to get accepted in Canadian College/University or cheaper overall cost, or field of study.

This would be for four year degree.

Long term goal is of course work in USA after college. (better job opportunities, higher salaries, etc)

If the trips outside the US are less than six months (example 4 months at a time), would this work?

I read about this six months abroad, but not sure if it at one time or if it per calendar year.

Or can you ask for permission in advance? (to be outside US 8 months in a 12 month period)?

 

As a non resident it won't be any cheaper to attend college or university in Canada. Non residents pay about 4 time's as much because there's no subsidies. Residents pay taxes taxes pay subsidies 

[Pumkin 7]

No, studying in Canada would be cheaper than studying in the US for her at this time. She is looking to attend in the Fall of 2019.

Studying in the US she has to apply as an International Student as she does not have her Green Card yet (we are in process of AOS to green card, employment based).

It is currently taking about 1 to 2 years from filing I-485 / AOS to receipt of Green Card based on USCIS website for our Field Office in California.

The University Of California system does have an exception so she can apply for In-State tuition as we have been living in California for more than one year on a temporary employment based visa (H1B for me / H-4 for her). But there is no exception for financial aid or merit based scholarships. She must be green card holder or US citizen to apply for FAFSA (Federal Student Aid, loans and merit based scholarships).

We looked at University of British Columbia, University of Waterloo, University of Toronto and they all have two tuition rates. One for Canadian Citizens and one for International students. There is no residency requirements for these schools. McGill University in Montreal, Quebec does have residency requirements, you must be a resident of Quebec. But they still have a Canadian Citizen rate and an International Student rate.

 

Back to my original question. If she leaves US for four months at time, example Sept 1st to Dec 15th and Jan 5th to April 20th, over a four year degree, will she still be maintaining the requirements for her US green card? I believe the answer is yes, as the time out of US is less than six months for each trip.

I understand at time of applying for US citizenship there are requirement for time spent in US, but no rush to apply for US citizenship. That can wait ten years or more. 

[NikLR 13,227]

You are right, the UBC cost calculator doesn't change tuition based on where a person's permanent home is  as long as they are a Canadian citizen.  It is the same for BC as it is for outside of Canada as long as you are a Canadian citizen.  But it changes astronomically for non-Canadian citizens! 

 

She needs to live IN the USA more than outside of it and at any time, even with a green card, could be sent to immigration proceedings if the CBP feel she has not been living in the USA.  A reentry permit would be the best solution for this as it would allow her 2 years outside of the USA. 

  

[Umka36 781]

As mentioned by others get a reentry permit. I have an employee whose children are dual citizen US/Canadian attend UBC and pay as Canadian resident rate.

[Ontarkie 14,227]

Good to know about the rate will be based on citizenship. Just remember no health care and if she wants to work she needs to get taxed as a non resident. 

 

 Reentry permit is a must even if she is coming back on holidays. 

 

Since AOS is in the process you don't want to do anything that would look like she is abandoning the AOS. She may need AP along with the reentry permit? 

Edited August 24, 2018 by Ontarkie

[SusieQQQ 11,586]

On 8/22/2018 at 8:58 AM, Pumkin said:

 

 

Back to my original question. If she leaves US for four months at time, example Sept 1st to Dec 15th and Jan 5th to April 20th, over a four year degree, will she still be maintaining the requirements for her US green card? I believe the answer is yes, as the time out of US is less than six months for each trip.

 

Re-read the residency requirement. It is not based on a simple 6 months or less calculation - absences of less than 6 months can still be seen to have abandoned residence. She will clearly be living in Canada and visiting the US for vacations as you yourself have said, and obviously she will be in Canada as a citizen and not on a student visa, so I agree with the others who say that she should get a re-entry permit. She’ll need to renew that after 2 years as well. It will indeed be a long time before she’ll meet the requirements for naturalization. 

Edited August 24, 2018 by SusieQQQ

[BenevolentSith 6]

Canadian citizens and permanent residents pay local tuition fee anywhere in Canada (except Quebec), regardless of actual domicile or residency status. There is no need to wait a year to establish residency to claim local tuition rates. This would be much cheaper than attending school in the States at similar level, even as a resident. To OP, apply for reentry permit, and then also plan to maintain as much ties as possible to the US, and your daughter should be fine.

Edited August 24, 2018 by BenevolentSith