Canadian Citizen entering on Green Card

[spinario 0]

I hold a Canadian Passport. And I've had a Green Card since '95. My family does and has lived in Florida for years. They own property and a business. I pay taxes in Florida.

Question: Because I have been out of the country for more than 12 months (18 to the day), I understand my green card and my resident alien status is affected.

What will happen if I attempt to enter the US without obtaining some visa?

What will happen at the Port of Entry? Clearly I have never intended to abandon my intent to permanently reside in the states. My life is there.

anyone have any experience with this?

Best Regards,

Michelle

[Reba 2]

I believe you'll have to apply for a re-entry permit. Not sure where you get those, but check the USCIS website and do a search for re-entry.

[Melyssa 0]

I hold a Canadian Passport. And I've had a Green Card since '95. My family does and has lived in Florida for years. They own property and a business. I pay taxes in Florida.

Question: Because I have been out of the country for more than 12 months (18 to the day), I understand my green card and my resident alien status is affected.

What will happen if I attempt to enter the US without obtaining some visa?

What will happen at the Port of Entry? Clearly I have never intended to abandon my intent to permanently reside in the states. My life is there.

anyone have any experience with this?

Best Regards,

Michelle

I have no experience with it, but I have a question: were you out of the country for over 12 months total, or were you out of the country for over 12 months consecutively?

I always wonder about this, even with visiting the US - if we're Canadian citizens without a visa, are we allowed to visit 6 months out of a year total, or is it six months consecutively that we're allowed to visit?

[warlord 73]

Anything over 6 months at a time is where you need to prove that you did not abandon your GC. If over a year, INS will assume you did abandon your Green Card. You would have to show a lot of proof now, including you paid taxes (Federal and State), you worked in the US, still had a home etc in the US and even then there's a good chance it won't convince them.

Basically 0-6 months, it's up to INS to prove you abandoned your GC

6-12 months - Its up to you to convince INS you did not abandon your GC

12+ months - Very few can convine INS at this point and is almost sure to get denied.

Now the good news is, comming across the border, the customs a lot of times don't look at that and still let people in, as they're more focused on you being legal (even though by the sounds of it you have abandoned your GC) with any documents without caring about dates.

So yes you might still be able to enter. As for ever applying for Citizenship this is where down the road you might get into big trouble and possibly deported.

So you have a chance to come back into the US and a chance to being deported as well. So all will depend on the custom official. If they pull you into secondary inspection watch out, they very well may be onto you and you won't be getting into the US any time soon and you most certainly won't have a green card anymore.

"Clearly I have never intended to abandon my intent to permanently reside in the states. My life is there." - Unfortunatly you clearly have intended to abandon your Green Card by being out more then 6 months in the eyes of the US...

Edited June 15, 2007 by warlord

[jynxNdragnfly 0]

I always wonder about this, even with visiting the US - if we're Canadian citizens without a visa, are we allowed to visit 6 months out of a year total, or is it six months consecutively that we're allowed to visit?

I'm almost positive it's 6 months at a time, meaning every time you return to canada then re enter the US you can visit up to 6months each time. Mind you I think if you visited for 5months and 20 days for example came back to Canada for a short time, went back to the US for 'almost' 6 months then back again they'd definately be on you soon enough. If it were 6 months out of a year total I would have been in trouble already LOL Or getting close to it at least. Snowbirds usually stay the 6 month winter period in Florida and I know they go back and forth to the US to shop and do over night visits during other parts of the year if they are in a border town.

[Zaurok 0]

I always wonder about this, even with visiting the US - if we're Canadian citizens without a visa, are we allowed to visit 6 months out of a year total, or is it six months consecutively that we're allowed to visit?

I'm almost positive it's 6 months at a time, meaning every time you return to canada then re enter the US you can visit up to 6months each time. Mind you I think if you visited for 5months and 20 days for example came back to Canada for a short time, went back to the US for 'almost' 6 months then back again they'd definately be on you soon enough. If it were 6 months out of a year total I would have been in trouble already LOL Or getting close to it at least. Snowbirds usually stay the 6 month winter period in Florida and I know they go back and forth to the US to shop and do over night visits during other parts of the year if they are in a border town.

It is 6 months consecutive. That's what the officer said at the customs when I was denied entry into the US.

I asked for 6 months the first time.

I decided to come back in Canada to see my parents after 4 months.

When I asked for another 6 months on my way back I was denied.

Edited June 15, 2007 by Zaurok

[Amy and Brian 1]

I was previously a Green Card holder myself and am now going through the immigration process all over again because I returned to Canada without doing anything to ensure that I would maintain my status in the US. I would strongly recommend reading this page from the USCIS website. In particular the part I've copied below:

Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

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 US for more than one 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 US may be considered, even if it is less than one year.

* Remain outside of the US for more than two 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 US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns.

Once you have been out of the country for more than a year it is, as previously stated by another, very unlikely that you will convince the the US Government that you never intended to abandon your residency. Your family living in Florida will not be enough to prove otherwise.

Also, it should be noted that the reentry permit is something that is meant to be obtained BEFORE you leave the US for an extended period of time. It is not something you can obtain while you are abroad.

If you don't mind my asking, what were the reasons for your staying in Canada for so long?

[Reba 2]

For Canadians visiting the US, it is 6 months either per calendar year, or per visit, whichever comes first. So, if you're a Snowbird and you arrive in the US in November to stay the winter, you can stay til April, but then you cannot *legally* re-enter the US for another 6 months. If you decide for some reason that you would like to spend the summer in Seatle, and you arrive in April, you can stay til October, but you can't then turn around in December and try to spend the winter in Arizona.

However, as quite a lot of Canadians visit the US for daily shopping trips or short jaunts and they drive across the border without their passports being scanned, or ID even checked for that matter, it is quite possible to be admitted and accrue more than 6 months of visiting time. Just because it happens, doesn't always mean its legal. Its like speeding on the highway. Sooner or later you're gonna get caught

Remember though, if you travel by plane, they'll have record of all your entries and exits, and they will know how long you stayed and when you left. If you stay 6 months, go back to Canada for a month or so and then try to fly back in, there's more than a good chance you'll be denied entry.