Re-entry permit: no ties yet and need extra time to settle.

[tom1 0]

Hi all,

 

Me and the family, wife and 3 kids live in Canada and got the green card in February this year (2024) but have not moved to the US yet for a number of reasons beyond our control (job, school etc).

As we are slowly approaching the 1 year mark, we are looking at the option to apply for a re-entry permit to give us extra time to settle. Is this something a reentry permit can be used for? As per my understanding the permit is usually for people who have settled in the US and then have to travel for a longer period of time. Our situation is different, as we have not effectively lived in the US so far.

Now I know that you need to demonstrate ties to the US when you file for the re-entry permit, but we unfortunately have nothing in the US so far (except a bank account). How will we demonstrate this, and what reason do we provide that we have to travel abroad? Is the re-entry permit in my situation something you would advise me to use a lawyer for, or is it pretty straight forward?

 

Again, to emphasize, we travel to the US frequently, we just don't have any ties yet and need extra time to settle. Has anyone here used a permit for that purpose before?

 

Thanks a lot, Tom

[appleblossom 2,446]

22 minutes ago, tom1 said:

Hi all,

 

Me and the family, wife and 3 kids live in Canada and got the green card in February this year (2024) but have not moved to the US yet for a number of reasons beyond our control (job, school etc).

As we are slowly approaching the 1 year mark, we are looking at the option to apply for a re-entry permit to give us extra time to settle. Is this something a reentry permit can be used for? As per my understanding the permit is usually for people who have settled in the US and then have to travel for a longer period of time. Our situation is different, as we have not effectively lived in the US so far.

Now I know that you need to demonstrate ties to the US when you file for the re-entry permit, but we unfortunately have nothing in the US so far (except a bank account). How will we demonstrate this, and what reason do we provide that we have to travel abroad? Is the re-entry permit in my situation something you would advise me to use a lawyer for, or is it pretty straight forward?

 

Again, to emphasize, we travel to the US frequently, we just don't have any ties yet and need extra time to settle. Has anyone here used a permit for that purpose before?

 

Thanks a lot, Tom

 

How often do you visit the US and for what reason? You need to be in the US to apply for your re-entry permit and will have to stay a while before you can leave after filing. Why can't you move due to jobs and school? 

[OldUser 6,608]

Did you come to the US on immigrant visa and receive physical GC?

[EmilyW 1,434]

When do you intend to move?

 

Within the year, you should be fine.  I stayed out 8 months after the activation, but maintained an address, bank accounts, and completed my taxes.  I'd suggest you do something similar.

 

Out of interest, why is schooling out of your control?  Does Canada have a different school year to the US?

 

[tom1 0]

1 hour ago, appleblossom said:

 

How often do you visit the US and for what reason? You need to be in the US to apply for your re-entry permit and will have to stay a while before you can leave after filing. Why can't you move due to jobs and school? 

 

Being in Canada its very easy to visit. We also like to do trips for vacation as a family. I travel to the US quite a bit for my Canadian employer. From what I am being told this can be counted as ties to the US too? We are 1 hour from the border so applying for the permit and staying for a bit thereafter wouldn't be an issue. From what I am told you can come back for the biometrics too.

 

41 minutes ago, OldUser said:

Did you come to the US on immigrant visa and receive physical GC?

 

Yes. Although we are still waiting on the physical GC. There was a mess up at the port of entry and they didn't file the IV package properly.

 

16 minutes ago, EmilyW said:

When do you intend to move?

 

Within the year, you should be fine.  I stayed out 8 months after the activation, but maintained an address, bank accounts, and completed my taxes.  I'd suggest you do something similar.

 

Out of interest, why is schooling out of your control?  Does Canada have a different school year to the US?

 

 

Yes, within a year from activation would be February 2025. This does not look feasible however, hence why we are looking at the re-entry option. We have a bank account but not filed taxes yet (will only be next year). I am concerned about the scrutiny one faces at the border about maintaining your ties each time you cross with your re-entry permit.

Our case is a bit special, because we will still be traveling in and out of the US regularly but don't have our main dwelling there. Therefore, when asked at the border "where do you life", if you answer truthfully, it is still Canada at the moment.

 

School is a personal issue in that we couldn't secure a spot at any of the christian schools we had our eye on for this fall. We will therefore have to try again for next year. Hence the urgency on finding a solution how to pull this off. Its always trickier when there is kids involved...

[Lil bear 4,181]

3 minutes ago, tom1 said:

 

Being in Canada its very easy to visit. We also like to do trips for vacation as a family. I travel to the US quite a bit for my Canadian employer. From what I am being told this can be counted as ties to the US too? We are 1 hour from the border so applying for the permit and staying for a bit thereafter wouldn't be an issue. From what I am told you can come back for the biometrics too.

 

 

Yes. Although we are still waiting on the physical GC. There was a mess up at the port of entry and they didn't file the IV package properly.

 

 

Yes, within a year from activation would be February 2025. This does not look feasible however, hence why we are looking at the re-entry option. We have a bank account but not filed taxes yet (will only be next year). I am concerned about the scrutiny one faces at the border about maintaining your ties each time you cross with your re-entry permit.

Our case is a bit special, because we will still be traveling in and out of the US regularly but don't have our main dwelling there. Therefore, when asked at the border "where do you life", if you answer truthfully, it is still Canada at the moment.

 

School is a personal issue in that we couldn't secure a spot at any of the christian schools we had our eye on for this fall. We will therefore have to try again for next year. Hence the urgency on finding a solution how to pull this off. Its always trickier when there is kids involved...

You could skip under the  radar without any issues or you could get asked more tricky questions any time ..  If you are asked the “ Where do you live “ question,  its likely  that you would get a stern warning that will be recorded on your file .. and you would then have to do much more to establish ties and be seen as having domicile in the US. Everyone will have a different feeling towards risk and what you feel ok to run with will be by different to me or others on here 

[Boiler 45,445]

So how does it work with Canadian Health care etc? As residents of the US.

[tom1 0]

2 hours ago, Lil bear said:

You could skip under the  radar without any issues or you could get asked more tricky questions any time ..  If you are asked the “ Where do you live “ question,  its likely  that you would get a stern warning that will be recorded on your file .. and you would then have to do much more to establish ties and be seen as having domicile in the US. Everyone will have a different feeling towards risk and what you feel ok to run with will be by different to me or others on here 

 

Yes, hence why I like the option of the re-entry permit, as it will assume that we don't live in the anymore for the time being, thus avoiding any grilling at the border.

 

1 hour ago, Boiler said:

So how does it work with Canadian Health care etc? As residents of the US.

 

As residents of the US you will not be eligible for Canadian health care anymore. That said, I'd rather pay and be able to get a doctor when I need one, than having to wait in the ER for 9 hours when my child has a cough.

[Boiler 45,445]

12 minutes ago, tom1 said:

As residents of the US you will not be eligible for Canadian health care anymore. That said, I'd rather pay and be able to get a doctor when I need one, than having to wait in the ER for 9 hours when my child has a cough.

Your US Heath Insurance cover would be good evidence. Must cost a lot.