13 Mo absence and Getting the Vax-help!

[tennisboy19 6]

4 minutes ago, JFH said:

I don’t understand what daycare has to

do with anything? If you live in the US why aren’t you looking for daycare in the US? There are plenty of daycare providers. Why would that cause you to be out of the country for over a year? Thousands of women have babies here every year but don’t go to another country for day care. 
 

Essential medical reason? No COVID shots in Canada? 

We are caring for a young child and need help from our parents. And with so many ppl working from home (NYC), it is very difficult. 

Also, yes, no COVID shots in Canada right now for us. And our insurance is in the US. All our life is in the US.

[Lucky2Lucky 2,526]

52 minutes ago, tennisboy19 said:

We are caring for a young child and need help from our parents. And with so many ppl working from home (NYC), it is very difficult. 

Also, yes, no COVID shots in Canada right now for us. And our insurance is in the US. All our life is in the US.

If your belongings are in storage- it sounds as if you abandoned your life in the US- they should be in an apartment or house. It's hard to argue all your life is in the US when you haven't been there for 13 months. Has your child forgone medical care for the past 13 months? Being unemployed or working from home (I am not sure which you are) does not help your case of ties to the USA-since both aren't related to needing to be in the USA. Planning to move back to the US in late 2022 also doesn't help you- your permanent home for the past 13 months and next 1.5 years is Canada. Unfortunately I believe you should have applied for a reentry permit prior to leaving the US for over a year. 

I'm not sure why you think daycare/childcare facilities have ceased due to covid. It's one thing if you are in Canada for the free childcare - but using lack of childcare due to COVID isn't realistic as to why you left/why it is taking you so long to move back to the US. Plenty of people work from home and watch the child. Not easy but easier than moving to another country. Daycare facilities have been allowed to be open in NYC since July 2020.

[Mike E 11,742]

https://www.aila.org/File/Related/18110604b.pdf has what you need to know. I wish her good luck in her quest to preserve her LPR status.

Edited April 12, 2021 by Mike E

[Mollie09 1,543]

1 hour ago, tennisboy19 said:

And our insurance is in the US. All our life is in the US.

So your wife hasn't claimed to be a Canadian residence for any reason while you've been there? For provincial care or any other benefit?

If she did, she has likely relinquished her US residency.

[tennisboy19 6]

36 minutes ago, Mollie09 said:

So your wife hasn't claimed to be a Canadian residence for any reason while you've been there? For provincial care or any other benefit?

If she did, she has likely relinquished her US residency.

No (and there would be no way to know whether she used her health number which she's entitled to while here as a naturally born Canadian)

[Crazy Cat 42,519]

19 minutes ago, tennisboy19 said:

No (and there would be no way to know whether she used her health number which she's entitled to while here as a naturally born Canadian)

I have read here from Canadians that Canadians who are legal residents of the US lose some of their entitlements like healthcare.   

[tennisboy19 6]

1 hour ago, Luckycuds said:

If your belongings are in storage- it sounds as if you abandoned your life in the US- they should be in an apartment or house. It's hard to argue all your life is in the US when you haven't been there for 13 months. Has your child forgone medical care for the past 13 months? Being unemployed or working from home (I am not sure which you are) does not help your case of ties to the USA-since both aren't related to needing to be in the USA. Planning to move back to the US in late 2022 also doesn't help you- your permanent home for the past 13 months and next 1.5 years is Canada. Unfortunately I believe you should have applied for a reentry permit prior to leaving the US for over a year. 

I'm not sure why you think daycare/childcare facilities have ceased due to covid. It's one thing if you are in Canada for the free childcare - but using lack of childcare due to COVID isn't realistic as to why you left/why it is taking you so long to move back to the US. Plenty of people work from home and watch the child. Not easy but easier than moving to another country. Daycare facilities have been allowed to be open in NYC since July 2020.

lol dont even know where to begin with this. so many false assumptions.

[canadian_wife 1,829]

31 minutes ago, tennisboy19 said:

No (and there would be no way to know whether she used her health number which she's entitled to while here as a naturally born Canadian)

 

Being a naturally born Canadian is not enough is it?  According to this link  there is also a residency requirement.  If she has used OHIP, for example, she has claimed to be a resident of Ontario, doesn't that mean she has lost her PR status in the US?

 

Good luck 

[tennisboy19 6]

1 minute ago, canadian_wife said:

 

Being a naturally born Canadian is not enough is it?  According to this link  there is also a residency requirement.  If she has used OHIP, for example, she has claimed to be a resident of Ontario, doesn't that mean she has lost her PR status in the US?

 

Good luck 

i don't believe so. mainly for practical reasons-no way a provincial health authority is talking to USCIS

[African Zealot 1,456]

Seems to me you don’t have any legs to stand on to defend your position, or even if you did it’s a maimed leg. You can take your chance with immigration.

 

Keep us posted how it goes and whether problems come up and if it does, whether you were able to convince them with the defenses you’re attempting here.

😁

Edited April 12, 2021 by African Zealot

[tennisboy19 6]

Just now, African Zealot said:

Seem s to me you don’t have any legs to stand on to defend your position, or even if you did it’s a maimed leg. You can take your chance with immigration, keep us posted how it goes and whether problems come up Nd you were able to convince them with the defenses you’re attempting here. 😁

funny bc the lawyer and USCIS friends i talk to say we wont have an issue. We are literally with parents, own nothing here and have multiple US properties and pay taxes in the US only

[Crazy Cat 42,519]

1 minute ago, tennisboy19 said:

funny bc the lawyer and USCIS friends i talk to say we wont have an issue. We are literally with parents, own nothing here and have multiple US properties and pay taxes in the US only

and your wife has remained outside the US for more than a year of her own free will........CBP will, likely, scrutinize her case.

Edited April 12, 2021 by Lucky Cat

[tennisboy19 6]

OK, back to being more helpful folks:) -- if she does get it rescinded and has to go to court, she can go in and out before the court date, right?

[African Zealot 1,456]

Just now, tennisboy19 said:

funny bc the lawyer and USCIS friends i talk to say we wont have an issue. 

Why bother with asking here then if professionals have said otherwise? 😁😂😁 We’re just random guys from the Internet.

[tennisboy19 6]

2 minutes ago, African Zealot said:

Why bother with asking here then if professionals have said otherwise? 😁😂😁 We’re just random guys from the Internet.

srsly:)