13 Mo absence and Getting the Vax-help!

[Crazy Cat 41,884]

1 minute ago, tennisboy19 said:

OK, back to being more helpful folks:) -- if she does get it rescinded and has to go to court, she can go in and out before the court date, right?

Every entry is at the discretion of the CBP officer.  Honestly, I have noticed a few more cases of Canadians being denied entry over the last several months.....a few.

[Crazy Cat 41,884]

5 minutes 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

You might be surprised at how much misinformation attorneys give.  We see it a lot.

[canadian_wife 1,822]

12 minutes ago, tennisboy19 said:

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

 

Fair point.  However, if she is asked about specifics, is her intention to lie?

 

Good luck 

[tennisboy19 6]

15 minutes ago, canadian_wife said:

 

Fair point.  However, if she is asked about specifics, is her intention to lie?

 

Good luck 

no

[Boiler 45,520]

If you were coming back to stay after 13 months I would say give it a go and you probably will be OK.

 

All the subsequent back and forth could well complicate matters.

 

The biggest issue I can see immediately is you, how long are Americans allowed to visit Canada? I assume less than 13 months, what will Canadian Immigration say when you seek to reenter?

[JFH 12,190]

4 hours ago, tennisboy19 said:

Let's hope not. We could also move back later this year. The issue is COVID and we left with no intention to stay --and have proof of our stuff being in storage in the US and owning property,

Move back? So you admit you moved to Canada? 
 

And why would you put your stuff in storage (which presumably costs by the month) if you own property? 

[Boiler 45,520]

I looked up how long you can visit Canada, 6 months, that seems your biggest issue.

[JFH 12,190]

2 minutes ago, Boiler said:

I looked up how long you can visit Canada, 6 months, that seems your biggest issue.

Good point! 

[tennisboy19 6]

6 minutes ago, JFH said:

Move back? So you admit you moved to Canada? 
 

And why would you put your stuff in storage (which presumably costs by the month) if you own property? 

bc we were renting at the time we left. we own three properties.

4 minutes ago, Boiler said:

I looked up how long you can visit Canada, 6 months, that seems your biggest issue.

incorrect. you can get a visitors extension, which i am on. 

[Boiler 45,520]

3 minutes ago, tennisboy19 said:

bc we were renting at the time we left. we own three properties.

incorrect. you can get a visitors extension, which i am on. 

So how do you think Canadian immigration will look at you request to enter when you have been there so long? And out so short.

Edited April 12, 2021 by Boiler

[igoyougoduke 1,656]

1 minute ago, tennisboy19 said:

bc we were renting at the time we left. we own three properties.

incorrect. you can get a visitors extension, which i am on. 

i think you are just arguing here to prove a point that you are right. Folks here are suggesting what the law is .  Odds are very high that you wife will be deemed to have abandoned her green card. you can keep arguing about children,  child care etc.  You can attempr to cross the border and let us know. may be you will be luck and CBP will let you in and you have no issues or she can be sent back to Canada. Who knows. 

 

 

[tennisboy19 6]

Just now, Boiler said:

So how do you think Canadian immigration will look at you request to enter when you have been there so long? And out so short.

Again, i am on a visitors extension so I am OK there.

 

Really just hoping to get answers to my questions

[Boiler 45,520]

According to your plan you intend to seek entry as a visitor to Canada. Shortly after leaving with a long stay.

[tennisboy19 6]

Just now, Boiler said:

According to your plan you intend to seek entry as a visitor to Canada. Shortly after leaving with a long stay.

I have a visitors record--the CA part is covered. 

[Mike E 11,739]

1 hour ago, tennisboy19 said:

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?

If she is given a Notice to Appear (NTA) she should not leave the USA until she has met with a US attorney who exclusively practices immigration law. Going out on a limb here, but entering the USA after 14 months, being given a NTA and then leaving the USA for another several months, is just going to give the DHS prosecutor more ammunition in the case against her. 

 

Also the assertion someone else told you that CBP has discretion to refuse to let her into the USA is wrong.  CBP has discretion to consider her an arriving alien versus a returning resident.

 

Quote

"An LPR who is deemed to be an “arriving alien,” may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge."

above from https://www.aila.org/File/Related/18110604b.pdf 

At a CBP pre-clearance check point in Canada, since it isn't in there USA, I believe she can be denied boarding by CBP to fly. Fortunately there is a land border.

Edited April 12, 2021 by Mike E