Us Green Cards

Question:

a) Cross over as originally planned. After a few months, cross back to Canada, and a couple of weeks later, go back to the US and use my green card. I presume I will be asked a lot of questions, but showing that I have bank accounts, a house, car etc, should show that I'm a resident no???

What are your thoughts??? I know now that doing the last scenario, may not be exactly correct, but I have no clue how else to go about this??? FYI, my company does not sponser moves, the only reason they are moving me is because I already possess the green card.

Answer:

I'd appreciate any feedback you may have. Here's my situation. It's a lengthy outline, but hopefully will help in the analysis.

In January 2000, my parents and I received our US Green Card. None of us were really prepared for it, and hence did not look into the full requirements of holding a green card. (I know this is our fault, but I am paying attention now.) When we initially crossed over at the border, I spoke to the immigration officer on duty, explaining that I was still in school attending University, and that I would be done in May 2004. The immigration officer, just said to me to cross over once a year, and just explain to the officer on duty that I'm studying in Canada.

Every year I crossed into the United States with no problems. However, I had no problems for the simple reason that I only used to show my Canadian citizenship card. Remember, I did not have a clue as to what I was supposed to do with a green card, and so when I got to the border, the question I was asked, was the questions I answered..ie. "What's your citizenship?" "Where are you going?" etc. I didn't lie at all. Note, that during this time, I opened bank accounts and filed US taxes as required.

My university program incorporated work placement programs. In my last year at university, I worked as a co-op student for a large corporation in Toronto. After I completed my degree, they offered me a full time job. I was hesitant to take it, as I wanted to move to the US finally with my sister, however, at the same time, this company had a large US presence as well, and after discussions, they suggested I work for them for a year and then they'd transfer me to the US. It sounded amazing, so I signed up. So, I've been working in Canada for the last year. I crossed over to visit my family a few times in 2004 and March of 2005, again only using my canadian citizenship card. I answered all questions truthfully. (At this time, I still had no clue I was supposed to use my green card).

In June of 2004, I signed up for an MBA program with a US University. I have been attending classes with them since then, and have been taking courses via correspondence.

I am now finally in discussions with my company to transfer me to my new home in the US. However, a friend of mine at work, a few weeks ago, said to me, you better double-check you can go and work in the states? With this comment, I responded, "sure I can go and live and work, why not?" In early march, I went to see my parents, and take some clothes etc with me in preparation for my final move. At the same time, I got my US driver's license, and bought a townhome for myself. Again, I had no issues doing so, because a) I'm still in possession of my green card, b) I have bank accounts, credit cards etc. I also registered my personal business in the state, since I do part-time websites etc on the side as extra income.

So in the last week, after my co-worker made that comment, I started looking up some information, and what I saw, is making me think twice about even attempting to make a move now. If I did not read up on this topic, the day I was to have gone to the US, I would have done the following:

1) Had my friend, drive me across the border, hop on plane home to my family. I would have just used my canadian citizenship card as always. (I fly from buffalo, since it's so much cheaper).

However, after conduction my research, I have learned that: a) I was supposed to use my green card each time I crossed. b) Since I didn't use it each time, it may not be active???

After reading this, what I plan to do is:

Your advice, suggestions and comments are welcome.

So I did this for the last 4 years.

Just to add, my green card doesn't officially expire until 2009.

Travelling from Canada do they keep a record anyway?

In which case how would they know.

Anyway on to people who know more.

I'm sure they have some form of tracking, however, how strictly it is enforced is a different understanding.

First, consult an immigration lawyer. You have violated the rules by using a visa to enter (since any other visa is not relevant to you) and I'm not sure of the consequences.

Keeping a GC anyhow is all about making sure you don't leave the USA permanently for too long and can show ties real ties and proof you LIVE in the USA. It sounds like though you have so you may have lost it unless you can prove otherwise.

Look at what these rules are for : the USA do not want people getting a green card (which is called a PERMANENT RESIDENCE card) and do not let people keep it who do not permanently reside in the USA. So, if you leave the USA for too long, without permission (a special "pass" is needed if you plan to leave for more than 6 months) then you may be in trouble,

Forget the ignorance card - it's your fault (or your parents). The "I did not know" is irrelevant to BCIS.

So, you may be OK because the schooling / education piece is something I know little about.

Go explain all this to an immigration attorney (it won't cost much) and see what they say.

Keep us posted, we are interested in building our knowledge too to help others.

While all this is true, for anyone with a green card the correct procedure if you are to be outside of the US for one year or more (and most immigration attorneys suggest to clients to six months or more) that you obtain a re-entry permit by filing form I-131 from within the US before leaving. The permit is valid for two years and can be reapplied for before its expiration. Education is a good reason to be outside of the US for that length of time and although it still requires that you maintain your US residency, it will help to allow you to retain your status. You have done what most would have done to retain residency, i.e. bank account, etc. The fact that your family lives in the US is helpful as well. The fact that you took employment for a year outside of the US without returning here to live after graduation is an issue. Most attorneys in your instance would tell you to apply for a returning resident visa from the US Consulate. Don't know if you can do this from the US Consulate in Toronto. You still can at the US Consulate in Montreal. Why not pay the one time fee to an immigration attorney who can direct you to the best approach in handling your situation. You apparently are well heeled financially, i.e. your own business, a property owner, so the one time charge of $150 to $500 will not be a hardship on you as it might be on others. YOu are dealing with a situation here that requires more than the advice given by non- professionals.

Strictly from my layman perspective, I'd be tempted to wing it. Get back into the US by whatever method and live happily ever after. I don't think it's that big of a deal really, your card is valid till 2009 - and you've got plenty of assets and proof you maintain a life in the US. Therefore, no problem. I wouldn't go throwing my money away at a lawyer until a real problem occurs - which seems pretty unlikey having read your description. And if it does, I don't think it'll be a show stopper, more like a ripple.

Perhaps, I'm just looking as a layman. The fact of it seems to be that the OP has just been doing what the immigration official said in the first place, nipping back and forth as a student. Sure, he didn't show the greencard on the way back in - but in all reality, he's actually done nothing wrong - maintained ties with the US, banks, credit, property etc, greencard valid for another 4 years. Rubbish or not mate, I'm inclined to think it's not a huge issue - once back in the US it'll be like he's not really been away IMHO, all legally credentialled etc.

I'm supposing that the only way that this grey area has occured is that there has been no cross check at the POE (passport, coming from Canada seems to be not required and citizenship card will do) - if he'd been coming from Europe it'd have been caught by the officials I think.

As a layman, your advice is dangerous. There are rules in place for maintaining your residency while outside of the US for a year or more and she did not follow those rules. Yes, she might well get away with it for now but at some point in time if it is discovered that she did not live in the US for so many years, even with showing proof that she had a bank account, etc. in the US, she could be ordered removed and stripped of her residency.

As for cross checks, please do not think that at the drive thru or even the airports from Canada to US that records are not kept. They are and can be pulled up if CIS desires to check things out. All it would take is for her to lie on an application for naturalization for all this to come out.

A brief consultation with an attorney would be very beneficiary. She might have the option of throwing herself on the mercy of the US Consulate in the hopes of obtaining a returning resident visa. This would solve her problem if one could be issued.

Strictly speaking you are right, but there's every chance of getting away with it, and no actual wrongdoing. The OP has not actually stayed out of the US for 12 months at any given time, just innocently showed the wrong documents at the border. If you think it might come out in naturalisation, then that may be a bad idea. The only good reason to naturalise is really to bring in other family members, and in this case the rest of the family are already in the US, so why bother to open that can of worms?

You are getting some bad advice here. You can afford it, use an immigration attorney - you don't need to take any risks.

The bad advice is from those that assume if you keep ties in AMerica whilst leaving for a year or more then you are OK. That is rubbish. If that was all you needed then everyone would do that. Anyone knows it's all so easy to open and keep a bank account, credit cards and even have your family create bills in your name at their house. The BCIS are not stupid and you'd be crazy to take advice from people that don't know the real world.

The advice to seek an attorney is the best advice. Never lie to the BCIS as if you are caught, kiss goodbye to your card.