One year to relocate after getting green card

[zahidislam14 1]

Hello All,

I am a Canadian citizen who recently got his greeen (this June 2022) card along with my family of 5. I live in Toronto and often (2-3 times a month) cross the land border from Niagara Falls to Buffalo.

Now everytime I cross the land border the immigration officer says that I have one year to move to the states. Is there a rule that I have to move within one year? Please advice, thank you.

[Mike E 11,741]

The rules are:

 

* no absences from the USA of more than 180 continuous  days 

 

* spend more days in the USA than outside the USA 

 

There is no official rule that gives gc holders one year to settle affairs in their former countries, but some CBP officers will permit some period of leniency.   

[zahidislam14 1]

Hello Mike,

 

Thank you for responding. Is there anything that would allow me to ask for 2-3 year exemption before I move in to the states?

[Mike E 11,741]

9 minutes ago, zahidislam14 said:

Hello Mike,

 

Thank you for responding. Is there anything that would allow me to ask for 2-3 year exemption before I move in to the states?

You can apply for a re-entry permit.  This will let you be absent (or spend most of your time outside the USA) for up to 2 years.  The form is I-131

[zahidislam14 1]

Thank you, one last question. If I go to the states to live but have work in Canada (I am a Canadian citizen), does that pose any challenge? In terms of going in and out?

[Mike E 11,741]

14 minutes ago, zahidislam14 said:

Thank you, one last question. If I go to the states to live but have work in Canada (I am a Canadian citizen), does that pose any challenge? In terms of going in and out?

With few exceptions, working for a living outside the USA is a sign of abandoning status.  
 

The converse is permitted but you have to convert to a commuter status.  
 

Apply for the re-entry permit.  Or file I-407 to abandon your LPR status.  Or take your chances.  We’ve had people spend 9 years continuously outside the USA with no repercussions.  And outside visa journey I know of cases even longer. 

[Ontarkie 14,325]

There are many Canadians who travel back and forth for working. Just remember to be taxed as a non resident and forget  OHIP that is gone the very first time you crossed the border with your visa. 

The One year is to import your car. You actually have 10 yrs to bring all your personal belongings to the US tax free. 

When I first joined VJ there was a member who works for the Canadian border and she kept her job. No issues at all. 

[zahidislam14 1]

Hello,

 

So can the immigration officer take the green card away? Or deny my entry? If I decide to settle more than 1 year later (assuming I am traveling at least once a month to the states)?

[Lil bear 4,263]

3 minutes ago, zahidislam14 said:

Hello,

 

So can the immigration officer take the green card away? Or deny my entry? If I decide to settle more than 1 year later (assuming I am traveling at least once a month to the states)?

No they cannot force you to relinquish your GC. If they consider that you have abandoned your status, you can be referred to the immigration court where the judge will make the decision 

 

There is no black and white “ this safe / this is not safe “.  It is the totality of your circumstances  and how the officer interprets  it. 

 

Play it safe .. get a reentry permit  

[Mike E 11,741]

5 hours ago, zahidislam14 said:

Hello,

 

So can the immigration officer take the green card away?

Your  green card is likely a 10 year I-551.  The officer can take your card but must replace it with a temporary I-551. Typically these  are good for a year 

5 hours ago, zahidislam14 said:

 

Or deny my entry?

LPRs legally cannot be denied entry 

5 hours ago, zahidislam14 said:

 

If I decide to settle more than 1 year later (assuming I am traveling at least once a month to the states)?

You risk being given a notice to appear to revoke your LPR status. 
 

You have a remedy that will will 99.99 percent of the time: a re-entry permit. I don’t know why you bargaining.  

[Letspaintcookies 2,310]

Is it only you or your whole family that is not ready to permanently move?

[Loren Y 2,756]

I agree with the reentry permit idea. will keep everything in line, and avoid any issues down the line. and you said 2-3 years, so get the permit, and it is good for 2 years, then you can extend it 1 time to get the 3 years you need. That is the way to do things. It's 575, plus the 85 bio metrics fee, so 660 total for no issues. It sucks to half to cough up 660, but cheaper in the long run I guarantee.

[Letspaintcookies 2,310]

30 minutes ago, Loren Y said:

I agree with the reentry permit idea. will keep everything in line, and avoid any issues down the line. and you said 2-3 years, so get the permit, and it is good for 2 years, then you can extend it 1 time to get the 3 years you need. That is the way to do things. It's 575, plus the 85 bio metrics fee, so 660 total for no issues. It sucks to half to cough up 660, but cheaper in the long run I guarantee.

If it's the whole family that's not ready to relocate than take these costs x5. Plus probably no address in the states so far.

[Mike E 11,741]

45 minutes ago, Letspaintcookies said:

If it's the whole family that's not ready to relocate than take these costs x5.

Traveling  to the USA several times a month also costs money. 

45 minutes ago, Letspaintcookies said:

 

Plus probably no address in the states so far.

I-407 it is then.  

Edited September 11, 2022 by Mike E

[zahidislam14 1]

I have an address in Buffalo and yes, it is the whole family that does not want to relocate. I travel to Buffalo once a month, at least. I guess I have to look into the re-entry permit but do I have to stay there after I apply? If so, how long does it take? Please and thank you.