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Posted (edited)

I'm a Canadian citizen about to get my green card through my spouse.  I also unexpectedly got accepted to a three year program at a university in Canada.  One possibility for us is to move to a border town in the US and for me to commute to Canada for school (probably 4 or 5 days a week).   As the drive is about an hour, I would probably stay overnight in Canada 1 or 2 nights a week, but with the departure date and arrival date counting as physical presence, I would be in the US at least 6 days a week.  I'm wondering 

  1. If the constant short trips and the fact that I am going to school in Canada is going to be a problem for maintaining the green card (i.e. if CBP will get suspicious and try to get me to abandon)
  2. If I could apply for citizenship after three years or if this will affect continuous residence.  Or would I wait a year or two more to apply where I wouldn't have the short trips to Canada anymore because I'd be done with university.  

 

Another option is to apply for a re-entry permit and delay the big move for 3 years until I finish.  However, we make frequent trips to the US to visit my spouse's family so this may cause a hassle at the border (we do have Nexus).

 

A third option is to withdraw the application and redo the process when I finish university, but as it takes more than 2 years, I'd basically be applying again in a year.

 

Thanks for the help.

Edited by qwerty-yul
Posted (edited)

Frequent travel back and forth can create multiple problems.

 

First problem: tracking every trip. For N-400 you need list all of your trips in the last 3 or 5 years (depending what rule you apply under). You also need to remember them.

 

Second problem: continuous residency and physical presence can be disrupted if you spend this much time travelling to Canada

 

Third problem: Chances are you're not going to get N-400 approved under 3 year rule due to marital union problem.

 

Fourth problem: every interaction with CBP can result in difficult situation. The chances of something going wrong will increase if you travel a lot. The fewer trips you take, the safer it is.

 

I would not do this. I'd either get reentry permit and study in Canada or stay in the US until naturalized.

 

Edited by OldUser
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Congrats on your acceptance, that's awesome!

 

As far as living close to the border and commuting, it's worth noting that for the N-400 the form specifically states that trips of less than 24 hours don't count for the travel disclosure "Do not include day trips (where the entire trip was completed within 24 hours) in the table". Many people work on one side of the border and live on the other, so if your trips into uni are day trips it shouldn't affect your residence requirement. To OldUser's point, you need to keep track of any time those trips are over 24 hrs, and if those total up to more than 6 months you'll affect your file date.

 

You will likely get asked about frequent trips at the border, but you'll have valid residence in the US and you have a valid reason for going frequently to Canada. A lawyer could assist you with details beyond that, but what you're suggesting is absolutely allowable.

 
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