Dual Permenant Residency

My mother is a permanent resident in Canada since Apr 2006 but she also holds a US green card since 1991. She stays with me here in Canada for longer periods in the year and spends approx 6 months in ...

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iashaikh9
New Member

Joined: 05 May 2008
Posts: 1

Posted: Mon May 05, 2008 3:13 pm

My mother is a permanent resident in Canada since Apr 2006 but she also holds a US green card since 1991. She stays with me here in Canada for longer periods in the year and spends approx 6 months in the year with my brother in NJ.
The last time I crossed border with her the US immigration officer was unhappy knowing shes got both sides residency, but then there was time for their shift change and the new person on shift I think overlooked just allowed us to go. I didnt dare to ask what had happened or whats the right thing.
Does US immigration approve of dual residency, In that case how could she just give up her Green Card and Obtain a US visitor Visa?

Reba
Moderator

Canuck in NC

Joined: 16 Jul 2004
Posts: 853
Location: North Carolina

Posted: Mon May 05, 2008 3:44 pm

The US will eventually determine that she has abandoned her status in the US, and will likely take her green card away from her on a subsequent trip.

In order to keep US permanent residency, one has to remain in the US and not take up residency in another country.

From the USCIS website:

Quote: Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a “nonimmigrant” on your tax returns.

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Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 518
Location: Calgary

Posted: Mon May 05, 2008 9:37 pm

It's a very bad idea for tax reasons, because if you have declared your intent to be a permanent resident of both countries, you are subject to dual taxation.

If she's been a PR for that long in the US the best idea is probably for her to apply for citizenship in the US. But to keep her Canadian permanent resident status her tax home would have to be Canada.

This way she has a permanent right to reside in both countries but is only subject to tax in one of them.

The US however may well consider her tax home to be the US as she clearly has residential ties to the US. That would be the case regardless of what her immigration status is.
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