Land crossing border or airport to activate green cards

[Kate8kate0 4]

9 minutes ago, appleblossom said:

The US isn’t like Canada that has ‘x amount of time to maintain residency’. As a LPR she’s expected to be living permanently in the US, any time outside can cause an issue if she’s suspected of not living in the US, there’s no minimum. 
 

She’ll definitely need as many ties as possible to the US to show that’s her permanent home and is only studying abroad temporarily - bank account is a must, driving licence, tax returns etc. My own daughter will be doing the same thing (studying in the UK), but she’ll have the advantage of 18 months in the US first to establish herself here. 

 

And FWIW, I’d still strongly suggest she gets Canadian citizenship as she’s eligible. Just to keep her options open for the future. 

Thanks so much

 

Ok yes, get driving license (we may only have time to do this in April or maybe we can do it in the few days she is in US in December, I’ll check with the local driving licence registry) do tax returns in the US for her part time job in Canada, her name on our rental agreement, in terms of bank account, so get her Canadian wages paid into it and use as her primary account, daily transactions? 

 

yes I’ll talk to her about Canadian citizenship 

Edited September 26, 2023 by Kate8kate0

[manyfudge 291]

@Kate8kate0, @appleblossom, @Mike E - what about this strategy.

 

Obviously check with your lawyer.

 

There is no statutory period limit for your daughter to join you as long as she remains under 21 and unmarried.

https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_1_D

 There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D)below) or by entering a marriage.  
 

Therefore, as long as she stays under 21, she might be able to file follow to join again with a Canadian consulate.

 

How old is she?

 

[Kate8kate0 4]

6 minutes ago, manyfudge said:

@Kate8kate0, @appleblossom, @Mike E - what about this strategy.

 

Obviously check with your lawyer.

 

There is no statutory period limit for your daughter to join you as long as she remains under 21 and unmarried.

https://fam.state.gov/fam/09FAM/09FAM050201.html#M502_1_1_D

 There is no statutory period during which the following-to-join applicant must apply for a visa and seek admission into the United States.  However, if the principal has died or lost status, or the relationship between the principal and derivative has been terminated, there is no longer a basis to following to join.  As an example, a person would no longer qualify as a child following to join upon reaching the age of 21 years (unless they qualify for the benefits of the Child Status Protection Act, see 9 FAM 502.1-1(D)below) or by entering a marriage.  
 

Therefore, as long as she stays under 21, she might be able to file follow to join again with a Canadian consulate.

 

How old is she?

 

Ah I forgot to mention, so after denial in 2019 our case was sent back to US C.I.S. for review, she aged out as 21 on March just gone. But she was covered under CPSA  due to time it took to review case.

 

* not aged out, I mean turned 21

Edited September 26, 2023 by Kate8kate0

[manyfudge 291]

1 minute ago, Kate8kate0 said:

Ah I forgot to mention, so after denial in 2019 our case was sent back to US C.I.S. for review, she aged out as 21 on March just gone. But she was covered under CPSA  due to time it took to review case.

 

* not aged out, I mean turned 21

So what I said is not open to you.

 
Never mind.

 

So she doesn’t need to have Canadian wages to be deposited to US account,

 

1) she needs to report worldwide income on her US tax return which she must  files as a resident.

2) she also files Canadian taxes.

3) likely she won’t owe.  There is credit for foreign taxes paid.

4) filing US tax return is to show ties if EVER asked by CBP at border. I think that is rare.

 

[Kate8kate0 4]

Just now, manyfudge said:

So what I said is not open to you.

 
Never mind.

 

So she doesn’t need to have Canadian wages to be deposited to US account,

 

1) she needs to report worldwide income on her US tax return which she must  files as a resident.

2) she also files Canadian taxes.

3) likely she won’t owe.  There is credit for foreign taxes paid.

4) filing US tax return is to show ties if EVER asked by CBP at border. I think that is rare.

 

That’s was a bloody cracking idea though! so close to just what I needed! if only she was couple years younger! Grr

 

thanks so much for the rest of info

[Mike E 11,741]

1 hour ago, Kate8kate0 said:

how many months of each year would she need to be in the states to keep her LPR status

183 days in any rolling 365 day period, at minimum

[Kate8kate0 4]

3 minutes ago, Mike E said:

183 days in any rolling 365 day period, at minimum

Thank you I bet you’ve given this answer so many times but I really do appreciate it 🙂
 

I hope we get the reentry permit as it would make it easier if she wants to carry on with Canadian uni 

Edited September 26, 2023 by Kate8kate0

[Kate8kate0 4]

I have another question if I may, when I apply for my daughters re-entry permit in April, when can she leave and go back to Canada? After notice of receipt, or after she’s done her biometrics. We are happy to fly her back down for the biometrics.
 

Does anyone know roughly how long notice of receipt takes if that is the case?

[manyfudge 291]

2 hours ago, Kate8kate0 said:

when I apply for my daughters re-entry permit in Apri

She should stay until she has the biometrics.

 

Was your EB3 sponsor a former employer in the UK or Canada or did you find them through an agency?

 

Or a personal connection?

 

It is rare to hear of an EB3 beneficiary describe herself as a “factory worker”?

Edited September 26, 2023 by manyfudge

[Ontarkie 14,324]

Re-entry permit is exactly what your daughter will need.

I saw you read Gary  post follow his guide. He sent two boys back to do UNI in one of the RUB countries. They did their school graduated and came back to the US.

 

Just make sure your daughter is listed with the school after she endorses the visa as a non resident student. She will be able to return to the US on breaks/summer and return to school to finish her program. Just make sure she understands re-entry can only be renew once for a max of 4 years total. 

 

As for her boyfriend, he definitely needs to look into the Jay treaty. In order for him to get a GC from that he must meet certain requirements or he can just not get a CG and just use his treaty card. He has options if he meets the minimum requirements. 

[Ontarkie 14,324]

~~Now the official mod warning about derailing this thread. PLease stick to answering the OP's questions. No further discussion on the EB3 in this thread, EB3 discussion is split off to its own post.~~

[Kate8kate0 4]

27 minutes ago, Ontarkie said:

Re-entry permit is exactly what your daughter will need.

I saw you read Gary  post follow his guide. He sent two boys back to do UNI in one of the RUB countries. They did their school graduated and came back to the US.

 

Just make sure your daughter is listed with the school after she endorses the visa as a non resident student. She will be able to return to the US on breaks/summer and return to school to finish her program. Just make sure she understands re-entry can only be renew once for a max of 4 years total. 

 

As for her boyfriend, he definitely needs to look into the Jay treaty. In order for him to get a GC from that he must meet certain requirements or he can just not get a CG and just use his treaty card. He has options if he meets the minimum requirements. 

Thank you so much Ontarkie, I really appreciate it and for clearing the thread. I have a question if I may, I’m reading conflicting information on the Internet.  
 

Once we filed for the re-entry permit and we get the notice of receipt, can she leave and come back for her biometrics? some people say wait for 60 days and and some people I’m reading leave and come back for biometrics.
 

She’s got a lot of classes and I think we are going to struggle to get her to be able to find a two month window to apply for the re-entry permit and wait for biometrics? 
 

I wonder if a request for the expedite of the re-entry permit would be granted, considering I was denied in 2019 my case sent back for review and then reaffirmed? I wonder if that would fall under the category of ‘ US C.I.S. error’ to be allowed re-entry permit to be expedited

 

thanks again

Edited September 28, 2023 by Kate8kate0

[Ontarkie 14,324]

14 minutes ago, Kate8kate0 said:

Thank you so much Ontarkie, I really appreciate it and for clearing the thread. I have a question if I may, I’m reading conflicting information on the Internet.  
 

Once we filed for the re-entry permit and we get the notice of receipt, can she leave and come back for her biometrics? some people say wait for 60 days and and some people I’m reading leave and come back for biometrics.
 

She’s got a lot of classes and I think we are going to struggle to get her to be able to find a two month window to apply for the re-entry permit and wait for biometrics? 
 

I wonder if a request for the expedite of the re-entry permit would be granted, considering I was denied in 2019 my case sent back for review and then reaffirmed? I wonder if that would fall under the category of ‘ US C.I.S. error’ to be allowed re-entry permit to be expedited

 

thanks again

You're welcome. 

 

I only know what Gary did and posted about. I wish I could help more. Maybe read more what he did, although his situation was different as K2 kids need Advance Parole to be able to come back to the US without abandoning everything. He had to do an emergency AP so the oldest can get back to school quickly.  But he may have discussed more what the steps are. If the re-entry permit must get biometrics done before she leaves you might be able to squeak in a walk in for the biometrics. I really don't know if they allow that anymore but it sure would not hurt to look into it. 

[Kate8kate0 4]

4 minutes ago, Ontarkie said:

You're welcome. 

 

I only know what Gary did and posted about. I wish I could help more. Maybe read more what he did, although his situation was different as K2 kids need Advance Parole to be able to come back to the US without abandoning everything. He had to do an emergency AP so the oldest can get back to school quickly.  But he may have discussed more what the steps are. If the re-entry permit must get biometrics done before she leaves you might be able to squeak in a walk in for the biometrics. I really don't know if they allow that anymore but it sure would not hurt to look into it. 

Yes I will read more of Gary and allas posts, Yes I read about walk ins, will definitely look into that also thank you 👍