Can a resident alien keep green card and move back to Can?

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agnelsonCanuckAbroad VIP
Posts: 3262
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Joined: 26 Aug 2009

Re: Can a resident alien keep green card and move back to Ca

Post Mon Nov 21, 2011 7:39 am

Just as I suspected. That was a costly loss of GC. Your lawyer was correct that it would take 7 years for sponsorship thru father.

So your way to get a GC will now be like everyone else: US job, or US spouse.
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alexbee133Junior Member
Posts: 13
Joined: 14 Nov 2011

Re: Can a resident alien keep green card and move back to Ca

Post Tue Nov 22, 2011 9:01 am

Permanently or temporarily moving to the states is something that's not appealing anymore.

If it was still 2000-2004 ish, and the US economy was great, USD was high, then I'd consider temporarily going there for work.

Now its not economically worth it anymore - in terms of wages, taxes, medical insurance, cost of living. (for me anyways - as a young university graduate).

If I had 10-20 years of experience under my belt, that would possibly be a different story (though I'm still not convinced)
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Can a resident alien keep green card and move back to Ca

Post Tue Nov 22, 2011 8:07 pm

Here is the law.

If you are living outside the United States for over a year, you are not considered a returning resident. Six months is grounds to view you as not living in the USA. After a year it can be considered that you have abandoned your status.

With that said, there are alot of factors that come into play.

If you are young and attending school in Canada with the intentions on moving to the USA after school finishes, the card should not be taken. There is no two year rule. Every case is different and all of the story should be considered before a card is taken.

Also, you have the right to give up your card freely and also the right to say you want a hearing in front of an immigration judge to try and keep it.
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alexbee133Junior Member
Posts: 13
Joined: 14 Nov 2011

Re: Can a resident alien keep green card and move back to Ca

Post Wed Nov 23, 2011 3:45 pm

Well I didn't really fight/object them taking away the green card. I really only had it cuz my dad pushed for me to get it.

But they didn't really give me any other option either. (Like studying in university for example).

Here's the way it went:

I was sent to a back room at Pearson. A very tall and [manly looking] guy came out and asked me for the following: (he already had my green card and passport).

-Drivers licence
-Social security number for the USA
-Proof of "ties" (he gave me a bank statement as an example).

Well I proof of a bank account ironically. Since RBC allows cross-border banking, I got an account in the States with them so I can buy things online that need a US billing address.

A drivers licence, I handed my Ontario one aka the only licence I ever had. It was renewed after the issuance of my GC, so he handed it back to me.

Finally the social security number.... Well I have a problem with that -I never obtained a SSN card.

Also traveling wasn't on my side either. I haven't been back at all in the US since I got a GC.

To his defense, he was very nice, and not "mean, rude, etc." as some people have experienced the process. He told me he's taking it away, and the reason why, he made me sign a piece of paper, and he said have a nice vacation. So I said thank you and I took my passport back and I left. I was half awake/half asleep still, but the whole procedure took less than half an hour. No fingerprints either. The little machine was over there, so I was expecting that.

When I landed in Florida it was another story lol - my dad was pissed.
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Can a resident alien keep green card and move back to Ca

Post Thu Nov 24, 2011 10:42 pm

Remember though, you can always call a port of entry and ask for a hearing if you change your mind. It is your right.
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dannyparkNew Member
Posts: 4
Joined: 24 Nov 2011

Re: Can a resident alien keep green card and move back to Ca

Post Thu Nov 24, 2011 11:09 pm

I am a Canadian with a GC since '97. I am a minister and am married to an American citizen and have three US born children. Due to an economic downturn, and a call of God for me go back to Canada, I have an offer from a church in Vancouver which when accepted I will start in about two months. I am the only one who will be going back.
1) How could I maintain my GC status?
2) I also have 7 years of continuous stay in America which would allow me to apply for an US citizenship. Can I apply for this before leaving, and come back to the States when the interview date comes up? With my family staying in America, and having a home under my name in Atlanta, GA, I am thinking that this is possible. Please advise me.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Can a resident alien keep green card and move back to Ca

Post Fri Nov 25, 2011 7:08 am

1) unless maintain property in US, you can't longterm.
2) It might be too late, as you need to maintain physical presence in US while in the last stages of Natz processs. Read over the process on USCIS website.
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alexbee133Junior Member
Posts: 13
Joined: 14 Nov 2011

Re: Can a resident alien keep green card and move back to Ca

Post Fri Nov 25, 2011 9:09 pm

laws wrote:Remember though, you can always call a port of entry and ask for a hearing if you change your mind. It is your right.


Wow - that I didn't know..

Just out of curiosity - where would the hearing most likely take place, since this happened at a precelarance site in Canada?
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Can a resident alien keep green card and move back to Ca

Post Sat Nov 26, 2011 8:49 am

The right of appeal has passed in your case.
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Can a resident alien keep green card and move back to Ca

Post Sat Nov 26, 2011 7:10 pm

The right to a hearing is always kept for a GC holder. The likleyhood of getting it back does dwindle with time though. It is not an appeal. You always have a right to plead your case to an Immigration Judge. I have personally set someone up for a hearing 5 years after they gave up their card. Due to the circumstances (lost his US job) the judge decided in his favor. All cases are different and unique, but the worst the Judge can say is no.
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