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Canadian Citizen with Green Card

May 11 2005 at 8:40 PM
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ricb  (Login ricb973)

 
hope somebody can help me with info. I am a canadian citizen and i just got my green card thru family petition after 10 yrs waiting. i am not ready to settle in the US permanently at this time since i will be marrying my girlfriend from Asia, sponsor her to come to Canada first instead of the US (faster way), and i have to go back to canada to wait for her. Once she s settled, i will go back to the US permanently.
i do not wish to abandon my green card status so while waiting for her, i am planning to reenter the US every 6-8 months, stay in the US for 2 weeks and come back to canada. will i have problems with US immigration if i do this?
Do i need a REENTRY permit even if i reenter the US every 6-8 months?
thanks
ric

 
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(Login immigrateusa)
Forum Owner

Maintaining your Green Card Status

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September 20 2005, 8:20 AM 

There is no crystal clear rule on the amount of time you need to spend in the US in order to maintain your green card status. Although many people think that they simply have to travel to the US once every year to maintain it, this approach is a misperception.

If at any time the immigration inspector at the border (or airport) believes that you have abandoned your US residence (or that you have failed to even establish a residence in the US) and that your principal residence is outside of the US, he can try to confiscate your green card. In such a scenario, you can ask for your case to be referred to an immigration judge for the judge to make a final decision. When examining your case, among the factors that the judge examines are (1) your ties to the US, (2) your ties with Canada, and (3) the reasons for your extended absences.

The timeframe you’ve described in your post sounds a bit complicated and could lead to problems. I strongly advise you to speak to an immigration attorney in order to take all possible measures to preserve your green card.

If you’d like to further discuss your case with me, please contact my office directly to arrange for a consultation.

Edward Weiner
Attorney at Law

E-mail: E.Weiner@immigration-aux-usa.com
Internet Site: http://www.immigration-aux-usa.com/

 
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