Question:
I am a US green card holder for three and half years since Jan, 1996. Now
my company is going to move to Montreal, Canada in Jan. next year.
Does anybody know what I should do to keep my green card valid until I
can apply US citizenship while I am working in Canada?
Answer:
First, remember that absences of more than six months break the
continuous residency that you need for naturalization. So even if you
can preserve the GC, you may not be able to naturalize after the usual
five years.
As I see it, you would have two main options: either, find another job
in the US, or contact an attorney. In a few cases, GC holders working
for American employers can be considered resident in the US even if
they are physically abroad. Given that your whole company moves to
Montreal, this is not likely to happen, but it won't hurt to spend
$100 to $200 for a consultation.
I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.
This may sound off the wall, but it is a solution. Whether it is
acceptable to you, only you can decide.
There is a commuter Green Card which permits a Green Card holder to live
in the US and work in Canada or vice versa. In either case it is
necessary to carry formal documentation which must be renewed by the INS
every six months. Suggest you call, or ideally visit a US Port of Entry
serving Montréal, ie Champlain, NY. While living in New York State and
working in Canada might be a pain, it would keep your Green Card valid.
Champlain is within driving distance of Montréal.
I have found the INS officers along the north-eastern US border to be
very helpful. They do like to have advance visits or scouting trips so
that when it comes time to make your move, you have all your documents
in hand.
I am sure you recognize that you may also apply for a re-entry permit
which allows you to be outside the US for up to two years. It is not
renewable. That impacts on your five-year qualifying period, however.
Speaking of re-entry permits (sorry I'm not giving advice but only
asking for some), is that the I-131 Advance Parole. My Dutch boyfriend
and I would like to be able to go sort of back and forth, living here a
few year, then in Holland, etc. He has no designs on citizenship
necessarily but would prefer to go back and forth easily. Once he has
his permanent residency card, do we just apply for advance parole or is
there another form I should know about?
Advance Parole is something completely different. Once he has his GC,
he won't be able to get A/P (and won't need it, either).
For going back-and-forth, you'd have to get a Green Card for him. When
you move more or less permanently to the Netherlands, just abandon the
GC, and a while before moving back to the US, simply reapply for a new
one.
I know, it's a pain, but the US does not have a non-immigrant visa for
spouses of US citizens.
