Crossing the border with your US visa

[Niths 1]

Hi,

 

My mom has received her US visa and has been given until Dec 6, 2021 to cross the border. When she crosses the border and is allowed to enter as a permanent resident, does she have to start living there? Or can she cross to get the greencard activation started and come back to Canada while planning her official move later down the road?

 

Thanks.

[Sparkle Sparkle 914]

of course...she can take a weekend trip on saturday and be back home in canada by monday

[Niths 1]

5 minutes ago, Sparkle Sparkle said:

of course...she can take a weekend trip on saturday and be back home in canada by monday

Thanks for the quick reply! If she were to do that, after returning to Canada, how much time will she have before she officially has to move to the US? 

[HRQX 4,145]

11 minutes ago, Niths said:

how much time will she have before she officially has to move to the US? 

She should avoid abandoning the LPR status: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

1 hour ago, Niths said:

When she crosses the border and is allowed to enter as a permanent resident

Note that the IV entry will affect her ability to use Canadian healthcare while simultaneously maintaining LPR status:

Edited August 27, 2021 by HRQX

[HRQX 4,145]

***I have moved this topic to Canada forum*****

[Niths 1]

1 hour ago, HRQX said:

She should avoid abandoning the LPR status: https://www.uscis.gov/green-card/after-we-grant-your-green-card/maintaining-permanent-residence

You may also lose your permanent resident status by intentionally abandoning it, including but not limited to:

• Moving to another country and intending to live there permanently;
• Declaring yourself a “nonimmigrant” on your U.S. tax returns; or
• Remaining outside of the United States for an extended period of time, unless it’s a temporary absence, as shown by:
  • The reason for your trip;
  • How long you planned to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.

Note that the IV entry will affect her ability to use Canadian healthcare while simultaneously maintaining LPR status:

I didn’t know she’d lose access to healthcare once she gets her LPR. She does not want to abandon the LPR but needs more time than this December to make the move. Which is why she wants to cross the border before December to get the LPR but come back to Canada for some time before permanently moving to the US. I can’t seem to find information on how long this gap can be before losing LPR. Does that mean there is no set duration?

[Kai G. Llewellyn 838]

16 hours ago, Niths said:

I didn’t know she’d lose access to healthcare once she gets her LPR. She does not want to abandon the LPR but needs more time than this December to make the move. Which is why she wants to cross the border before December to get the LPR but come back to Canada for some time before permanently moving to the US. I can’t seem to find information on how long this gap can be before losing LPR. Does that mean there is no set duration?

Correct. There is no set duration. It's wholly dependent on the circumstances. If say you activated PR, went back to Canada, started wrapping things up in Canada and setting stuff up in the US, you could probably re-enter the US without much scrutiny even after 6-9 months.

 

If however, you activated PR, then went back to Canada and basically ignored the fact that you had US PR and carried on your life in Canada with no intention of moving to the US, perhaps then CBP could accuse abandonment. Even then, it'd be unlikely unless you had waited a long time to re-enter, and especially if your re-entry appeared more for tourism rather than moving.

 

That being said, the burden on the Government is pretty high to prove abandonment of PR, and despite the 'rule' being that abandonment can happen even after one day, the duration of the absence and the circumstances surrounding it would be the most deciding factor. The reality is that the longer you are outside the US the harder time you have proving that your intention is that the US is or will be your permanent home.

 

As far as I'm aware, charging LPRs with abandonment is 'lowest of the low' priority for CBP and I think they usually only target the most egregious circumstances as those are the ones that are going to stand up to scrutiny by the IJ. I'm talking about the folks that might return to the US for a week once a year, or those who very obviously have their lives in another country.

 

So my thoughts to you is that she'd be fine with having more time after activation, but make sure that she is actively using that time to plan and work towards her move to the US.

[Niths 1]

On 8/27/2021 at 3:09 PM, Kai G. Llewellyn said:

Correct. There is no set duration. It's wholly dependent on the circumstances. If say you activated PR, went back to Canada, started wrapping things up in Canada and setting stuff up in the US, you could probably re-enter the US without much scrutiny even after 6-9 months.

 

If however, you activated PR, then went back to Canada and basically ignored the fact that you had US PR and carried on your life in Canada with no intention of moving to the US, perhaps then CBP could accuse abandonment. Even then, it'd be unlikely unless you had waited a long time to re-enter, and especially if your re-entry appeared more for tourism rather than moving.

 

That being said, the burden on the Government is pretty high to prove abandonment of PR, and despite the 'rule' being that abandonment can happen even after one day, the duration of the absence and the circumstances surrounding it would be the most deciding factor. The reality is that the longer you are outside the US the harder time you have proving that your intention is that the US is or will be your permanent home.

 

As far as I'm aware, charging LPRs with abandonment is 'lowest of the low' priority for CBP and I think they usually only target the most egregious circumstances as those are the ones that are going to stand up to scrutiny by the IJ. I'm talking about the folks that might return to the US for a week once a year, or those who very obviously have their lives in another country.

 

So my thoughts to you is that she'd be fine with having more time after activation, but make sure that she is actively using that time to plan and work towards her move to the US.

Thanks Kai, your answer is very helpful!

[mam521 2,063]

On 8/26/2021 at 9:56 PM, Niths said:

I didn’t know she’d lose access to healthcare once she gets her LPR. She does not want to abandon the LPR but needs more time than this December to make the move. Which is why she wants to cross the border before December to get the LPR but come back to Canada for some time before permanently moving to the US. I can’t seem to find information on how long this gap can be before losing LPR. Does that mean there is no set duration?

You have a year to move your goods across to the States once you activate your LPR.  I believe for the LPR status, you can't be outside of the US for longer than 6 months.  If she plans to gain citizenship in the future, "abandonment" is likely to be frowned upon by USCIS and may impact the path to naturalization.