Land crossing border or airport to activate green cards

[Kate8kate0 4]

Hello please help , long story short, myself, my husband and my daughter are UK citizens, but emigrated to Canada in 2015. We myself and husband) moved back to the UK in 2021, but daughter stayed on in Canada and is halfway through a 4.5 year degree.

 

In 2019, (before daughter started a degree) we were denied an EB3 Visa at consulate interview, but was reaffirmed, re-interviewed and approved August just gone. 
 

So myself and my husband need to fly from the UK to pick up our daughter in Calgary to activate our green cards as we have to have to enter the United States together

 

My question is to save on flights, is it safe to cross the border on land (from Canada ie.Coutts) rather than flying into America.

 

So would it be okay to drive across the border stay in America for a couple of days to bring our daughter back as she needs to complete the rest of her degree

 

The other question I have is, would it then okay for me to return to the UK for three months to tie up loose ends? My husband will be in the United States and I will join him in three months?

 

thank you for any help and anything I’ve missed!

 

 

[Mike E 11,739]

20 minutes ago, Kate8kate0 said:

My question is to save on flights, is it safe to cross the border on land (from Canada ie.Coutts) rather than flying into America.

Yes, but be sure the officer distinguishes between the address of the motel in Sweet Grass (god forbid) or other place you are staying in U.S. versus the U.S. address  where you will be living and where you want the green cards sent to.

20 minutes ago, Kate8kate0 said:

 

So would it be okay to drive across the border stay in America for a couple of days to bring our daughter back as she needs to complete the rest of her degree

 

No. She needs to stay in the U.S. long enough to:

 

* file an I-131 re-entry permit

* receive the receipt for the re-entry permit

 

She also needs to return to the U.S. to do her biometrics for I-131. Since her green card will be shipped to her U.S. address, and since she surely does not trust mail (Canada Post? OMG), or FedEx/DHL for a practically irreplaceable document, she needs to fly to the U.S. anyway to fetch her GC.

[Kate8kate0 4]

34 minutes ago, Mike E said:

 

No. She needs to stay in the U.S. long enough to:

 

* file an I-131 re-entry permit

* receive the receipt for the re-entry permit

 

She also needs to return to the U.S. to do her biometrics for I-131. Since her green card will be shipped to her U.S. address, and since she surely does not trust mail (Canada Post? OMG), or FedEx/DHL for a practically irreplaceable document, she needs to fly to the U.S. anyway to fetch her GC.

Thanks so much for all info Mike, the problem we are facing the above is that she has got classes all through November and December, which is when we have until to activate our green cards. So my plan was to fly her again in January to do her re-entry permit, so she’ll be activating her green card in November (has to go back after three days for classes) and then I was going to fly her down in January as she can spend a couple of months to wait for the re-entry permit receipt?

 

thanks again!

Edited September 25, 2023 by Kate8kate0
Spelling

[Mike E 11,739]

1. When does her U.S. immigration visa expire?

 

2. When do her classes finish?

[Kate8kate0 4]

@Mike E Hi, so we were approved in august just gone and have until December 31st to move/activate, her classes finish early January! Then recommence later on in year 😯

Edited September 25, 2023 by Kate8kate0

[Mike E 11,739]

She faces a seemingly tough choice.

 

While the risk of being put into removal proceedings is small, it is not zero. Presumably withdrawing from her current school term might derail her degree. 
 

On an immigration forum, which this is, my bias is to give up on the Canadian degree (if necessary) to zero out the risk to her LPR status. And VJ’s terms and conditions would not permit me to say otherwise.

 

If this were a personal finance forum:

* in the long run, she is better off in the U.S. - lower costs and higher total compensation

*  as British and Canadian educated person, she will breeze through university in the U.S. Some of her Canadian university course credit will transfer, and she can test out of some other courses.

 

The sunk cost fallacy should not exercise any influence on her.

[Kate8kate0 4]

5 minutes ago, Mike E said:

She faces a seemingly tough choice.

 

While the risk of being put into removal proceedings is small, it is not zero. Presumably withdrawing from her current school term might derail her degree. 
 

On an immigration forum, which this is, my bias is to give up on the Canadian degree (if necessary) to zero out the risk to her LPR status. And VJ’s terms and conditions would not permit me to say otherwise.

 

If this were a personal finance forum:

* in the long run, she is better off in the U.S. - lower costs and higher total compensation

*  as British and Canadian educated person, she will breeze through university in the U.S. Some of her Canadian university course credit will transfer, and she can test out of some other courses.

 

The sunk cost fallacy should not exercise any influence on her.

thanks Mike, just to confirm; so she can’t activate her greencard then comeback down to do the re-entry permit in January ? Considering we were denied in 2019, only then did she commence a degree after, I thought USCIS may consider this

 

or 

 

How long is it taking to receive receipt of re-entry at this time do you know? This is when she can leave a go back to Canada on receipt? 

 

thanks for your help Mike, I’m working 15 hour days 6 days a week and I’m exhausted and stressed , we didn’t expect this reaffirmation of the previous denial

[Mike E 11,739]

Just now, Kate8kate0 said:

so she can’t activate her greencard then comeback down to do the re-entry permit in January ?

LPR status is for living in the U.S. Going to school in Calgary is not living in the U.S. 

 

Some CBP officers at ports of entry carve out an exception for students abroad. I would love it if they would show which section of INA says that.

 

Your proposal carries risk. My role as a contributor to this forum is to give suggestions to zero out the risk.

[Kate8kate0 4]

10 minutes ago, Mike E said:

LPR status is for living in the U.S. Going to school in Calgary is not living in the U.S. 

 

Some CBP officers at ports of entry carve out an exception for students abroad. I would love it if they would show which section of INA says that.

 

Your proposal carries risk. My role as a contributor to this forum is to give suggestions to zero out the risk.

Thank you Mike I appreciate it

[Kate8kate0 4]

I just don’t know what do to for the best I’m physically drained, I wonder if anyone else has had similar experience, that is entering and applying for re entry permit on second visit, only if to give enough time to sort out transfer of degree to the states 

[manyfudge 285]

Yes, @Mike E is giving you the zero risk approach. 
 

There are plenty of people anecdotally on Reddit who finish their degrees and return without a re-entry permit.  You are talking 2 months outside? Canadian unis typically finish end of April.

 

 

 

[Kate8kate0 4]

7 hours ago, Mike E said:

15 minutes ago, manyfudge said:

Yes, @Mike E is giving you the zero risk approach. 
 

There are plenty of people anecdotally on Reddit who finish their degrees and return without a re-entry permit.  You are talking 2 months outside? Canadian unis typically finish end of April.

 

 

 

Hi there, thanks for info, I’m reading pages and pages of VJ, forgot about Reddit. 
 

so yes she has 2.5 years left of Uni in Calgary, we have to activate greencard/IV visa by December 31 2023, so I wanted to apply for a re-entry permit (if that’s possible) for her but she can’t stay for longer than a few in the US days from now through to December (actually I have to check this with her, maybe she said April ) as she has classes. She has a job up there and a boyfriend, I’m wondering the best way to tackle all this, as it would be quite disruptive having to fulfil a certain amount of months in US and a certain amount of months in Canada , with the boyfriend and all, if that makes sense! What are the rules to crossing border, going back to Canada where she is a permanent resident (UK citizen) coming back after 2–4 months to apply for REP, without losing her greencard. 

 

 

 

Edited September 25, 2023 by Kate8kate0
Sorry I don’t know why it’s quoted one of Mike e comments

[Kate8kate0 4]

@manyfudge

 

hi sorry the quoting boxes duplicated anyway…

 

Hi there, thanks for info, I’m reading pages and pages of VJ, forgot about Reddit. 
 

so yes she has 2.5 years left of Uni in Calgary, we have to activate greencard/IV visa by December 31 2023, so I wanted to apply for a re-entry permit (if that’s possible) for her but she can’t stay for longer than a few in the US days from now through to December (actually I have to check this with her, maybe she said April ) as she has classes. She has a job up there and a boyfriend, I’m wondering the best way to tackle all this, as it would be quite disruptive having to fulfil a certain amount of months in US and a certain amount of months in Canada , with the boyfriend and all, if that makes sense! What are the rules to crossing border, going back to Canada where she is a permanent resident (UK citizen) coming back after 2–4 months to apply for REP, without losing her greencard. 

[manyfudge 285]

1 hour ago, Kate8kate0 said:

What are the rules to crossing border, going back to Canada where she is a permanent resident (UK citizen) coming bac

@Mike E can give you the rules.

 

If she enters 2nd last week of December and returns April, that is less than 6 months. I truly cannot see that as an issue given that people often have to go back and forth - generally 6 months is not a big deal.  
 

Would be good if she got a summer job here and filed a tax return.
 

She has to commit all summer to staying for the re-entry permit biometrics.

[manyfudge 285]

On the other hand, if is only in 2nd year, then it’s almost zero sunk cost.  
 

Make her transfer.  
 

A lot of kids stay to finish medical school, etc.  Depends on her major too

Edited September 25, 2023 by manyfudge