Moving Back to Canada; Maintaining US Green Card Status

Hi
Appreciate any help in this matter.
I am a Canadian citizen with a US green card (green card since 2007). Up until recently, I had been working for a US employer, but with the economic downturn, I was recently laid off. I have not had any luck finding another position in the US.

However, an opporunity has come up to work for a Canadian company, but would require that I move back to Canada. The position is not ideal for various reasons, and when the economy turns around (hopefully in 1-2 years), I plan on looking for US-based employment.

What is the best way to maintain my legal US permanent residency (green card) status? Although I would be required to move back to Canada for this position, I would be travelling to the US 25% of the time. So my concern is that even if I file an I-131 prior to moving back to Canada, keep a US address, file US tax returns etc., my frequent border crossings may raise red flags?

Is anyone else in a similar situation?
Thanks in advance for your help.

You would need to have a re-entry permit *before* you leave the US. If you apply for it and receive it *after* you leave, it is not valid.

They can also still revoke your green card if you're gone that long.

See the info at the USCIS website:

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.

Your problem with this one is going to be the tax situation.

The CBP field manual has a bit in there about people who file IRS Form 2555, which non-resident US citizens and LPRs are supposed to do. If you file it, you're saying your tax home is abroad, which indicates you intend to reside abroad and obviously that screws up your LPR status in the US.

So obviously as you've figured out, you would have to keep a US address, file as a resident taxpayer and maintain residential ties to the US.

That isn't an insurmountable problem, but where it gets dicey is that to avoid dual taxation you would have to file as a non-resident in Canada using the T1 non-resident return and when you start work on your TD-1 you would have to indicate you are non-resident (and claim a foreign tax credit in the US on form 1116).

Given that you are a Canadian citizen with a job in Canada who is spending 75% of his time here, the CRA simply won't believe you are non-resident. Sooner or later they will get you to fill in an NR-73 to calculate your resident status.

You can probably get away with it for this year, because if you go back by the end of tax filing time next year, by the time the CRA catches up with you, you'll be back in the US so it'll be hard for them to say you were not a non-resident. But to do it for longer than that will be tough, and USCIS also have their own two-year rule.

I was just curious under what circumstances you got your permanent resident card? was it through marriage? If so, you are able to apply for naturalization in 3 years if you have continuous residence in the US. You said you got it in 2007, I know it is only 2009 but you are able to file up to 90 days before the 3 years. If you could do that, then you should have no problem. I am in similar circumstances, my husband got laid off but he is the US citizen!! we were looking to come back to canada as well but I did not want to lose my status here. I looked at it, you would definately need to get the re-entry permit if staying for longer than one year and although you would be coming back to the US frequently, you would be working for a canadian company. Even though you will be coming back more that once a year, the re-entry permit implies you are not abandoning your case. The one thing would be once you came back and if you intend to apply for citizenship, they only count continous residence. This means that the 2 years or so you spent here before will not count. It will only start from the time you came back. This is under the guide to naturalization at the USCIS website. This basically decided for me to stay for a little longer. If you go to USCIS website and go to How do I get re-entry permit, it states that you can file while in the US and you can pick it up outside the US and just have it sent to the closest consulate or embassy. You just need to have filed in the US and get your biometrics done there and then you can travel away. http://www.uscis.gov/files/article/B5eng.pdf that is the link. Just show the guys at customs your re-entry permit and you should be fine.

Can anyone help me with the following:

1. When it's likely for the economy in Canada, and the local economy in Toronto to improve?
2. How to get a lawyer specializing in re entry permits in the Northern California region?
3. If you need to use a re entry permit to study and work temporarily in Canada, what reason should you give? should it be just a line to say that or you need to give evidence
4. Is there a job finding club for Canadians in California?
Thanks for your help

1. When it's likely for the economy in Canada, and the local economy in Toronto to improve?

likely about the same time that the economy will improve for the rest of the world. No one can know that.

2. How to get a lawyer specializing in re entry permits in the Northern California region?

why would you need a lawyer? Just fill out the paperwork yourself (application form is on the USCIS website) and send it in.

3. If you need to use a re entry permit to study and work temporarily in Canada, what reason should you give? should it be just a line to say that or you need to give evidence

you give them the reason you just did there. That you're temporarily returning to Canada to study. If you're enrolled in a university course, you could show them your confirmation of enrollment as evidence

4. Is there a job finding club for Canadians in California?

try Google.
Thanks for your help

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.