GC confiscation at entry from Canada

[AMirza]

I got my GC 2 years ago and I have stayed in the US for 3 months every year since then. I have a letter form the consulate stating that one has to be in the US at least once a year. I got to the US (JFK) two month ago and had no problem. I went to visit my relatives in Canada from the US last week and on my return INS told me that since I am not "living" in the US and only visiting I must either surrender my GC or go for a 'Removal Hearing". Now my hearing is scheduled for Nov in Buffalo. I need help to sort this out.

Is this a serious matter and should I hire an attorney - they charge USD 5,000.
If anyone has been though this nightmare please email me any suggestion you have. Also should I move my hearing to NJ. Are the judges in Buffalo fair as I have heard they fry people like me.

[howdy_howdy]

Is that you Azim from BT?

[AMirza]

No - thanks.

[byegeorge]

Sorry to hear about your troubles. You should get a good lawyer asap as only they can advise you on the course of action.

By the way, did you obtain a re-entry permit when you left? How long did you stay outside of the U.S? (more than 1 year or less?). If it is more, than matters are more serious as your GC automatically becomes invalid if you are abroad for more than a year (there are exceptions)

Whether you are judged to have abandoned your residence or not will depend on a number of factors, but basically you wil need to show that it was always your intention to return and your visit abroad was temporary. Having ties such as U.S. job, house, bank account etc will help.

I am also curious how you were entering the U.S. from Canada. By road or air?

[envision]

I got my GC 2 years ago and I have stayed in the US for 3 months every year since then.

Here lies your problem Spending only 3 months a year in the country where you are a legal permanent resident is a no-no. Didn't you read the conditions that came with the greencard? I don't mean to sound harsh, but I can't honestly feel any sympathy for you at this time when there are millions waiting to become legal permanent residents

[AMirza]

Thanks for pointing out my problem. When familes are broken you end up in a sitation like this.

I was choked at the Rainbrow Bridge entrance. I am told that anyone of my background crossing form canada by road is looking for trouble. So be aware.

[namedude]

I think they recently improved the family law for GC holders. Now you just need to be separated from your wife for 7 years.

I reckon that being separated for 7 years should feel okay because this will only strengthen your ties to your spouse and make sure that your marriage is going solid. Having kids growing up without one parent is definitely a good thing as well. There is a talk of extending the wait time to 10 or 20 years but I am not sure - this plan would allow to see your wife still before you pass away - so this would still be a good plan.

Otherwise - you can always abondon your GC and live with your wife in some other country.

[byegeorge]

Please elaborate on "anyone of my background". What is so particular about your background? Did you tell the inspecting officer that you were living outside the U.S.?

I think if you had an re-entry permit you would not be facing this problem

I also think that if you can show strong ties to the U.S. (have you been paying taxes?) it could work in your favor.

[namedude]

But the issue is how can you be with your family and keep GC? There is no way. Reentry is given for maximum 2 years and maybe they can give another for 2 years. But then this is it. It takes 7 years to get your spuse into the US and she/he cannot visit you in the US. If they extend the wait time to say 20 years you will see them before you pass away.

Reentry will not solve the problem at hand I think.

[byegeorge]

Originally Posted by namedude

But the issue is how can you be with your family and keep GC? There is no way. Reentry is given for maximum 2 years and maybe they can give another for 2 years. But then this is it. It takes 7 years to get your spuse into the US and she/he cannot visit you in the US. If they extend the wait time to say 20 years you will see them before you pass away.

Reentry will not solve the problem at hand I think.

Well, if you are able to get two REPs back to back, that will allow you to stay abroad for at least 4 years. Within 3 years of applying for your spouses' GC, your spouse is eligible for a V-visa and can enter on that.

There are ways to stay abroad for extended period of time, as long you take the necessary precuation before leaving.

[namedude]

ByeGoeorge -

This is ABSOLUTELY not true. V visa was started under Clinton and has since expired. There is no V visa at this point in time.

In fact nobody cares about this issue in the US. The reasoning is very simple that immigrants are always free to go back to their home countries.

Then some people ask - well why give people GC so that they have to give it back? Well this is again irrelevant. The GC holders make the decisions. There are enough people who want the GCs anyways - so if they give it up - all the better. The US does not even care if highly educated people leave as well. It does not matter.

Your best bet is to either give up GC or possibly face lifetime seperation. And in this case it will likely result in GC being taken away. This is no big deal anyways.

[hipka]

Originally Posted by namedude

I think they recently improved the family law for GC holders. Now you just need to be separated from your wife for 7 years.

I reckon that being separated for 7 years should feel okay because this will only strengthen your ties to your spouse and make sure that your marriage is going solid. Having kids growing up without one parent is definitely a good thing as well. There is a talk of extending the wait time to 10 or 20 years but I am not sure - this plan would allow to see your wife still before you pass away - so this would still be a good plan.

Otherwise - you can always abondon your GC and live with your wife in some other country.

You should not complain. Don't you know that the US is an immigrant friendly country?

[namedude]

No really. I am not complaining. I think it is no big deal that they bar the spouse for 7 years from getting into the US on a non immigrant visa.

I also think that this helps lots of GC holders to become more patriotic. I recently listened to a guy who returned from war with no limbs and was completely upbeat and think it was all worth it. Suffering purifies lots of souls - so they get purged.

This is why I think it makes sense. Maybe 7 years is optimal. I would however not increase it to say 20 years because it would not give hope. 7 years still gives lots of hope and makes people upbeat.

I think it could make sense to seperate kids from parents as well. Say 10 year bar for the kids. This way it would be better for parents and the kids as well.

[TheRealCanadian]

Originally Posted by namedude

No really. I am not complaining. I think it is no big deal that they bar the spouse for 7 years from getting into the US on a non immigrant visa.

There is no such thing. The spouse can always get an H or an L. Even if not, then it only takes 5 years to become a citizen.

[namedude]

This is actually not true again.

You are eligible to apply for US citizenship 4 yrs and 9 months after getting GC. But after you apply it might take you even 2 years to get US citizenship. You might be stuck in namecheck for example for 2 years or more....

Then when you get US citizenship it will take additional consular processing time to get your spouse in. So I would be conservative that if you marry soon after you get GC - you simply will have to wait at least 7 years. You might be lucky and wait less but counting on it is stupid.

Then - regarding L1 and H1. Well the spouse cannot come to the US for interviews for a job because that would require non immigrant visa. This is not allowed. So the spouse has to do job interviews abroad. Period. Even if spouse comes from Canada or VWP - the spouse should not come here without visa. Everything else is a fraud even if they let in the spouse.

If the spouse gets a scholarship say at Harvard - the spouse needs to reject the scholarship period.

To qualify for H1 - you need to have specific skills. If you marry a history major - good luck with H1.

To qualify for L1 - you need wife to work for company abroad for at least 1 year and the company has to move the employee to the US.

I think this is not a big deal as people are saying though. 7 years of family separation is not sthg to cry about. I would be more concerned if it were 20-30 years because then there would be a chance that one spouse would pass away before reunification. But 7-8 years is no biggie.

[newbies]

Then marriage before green card If you meet a girl you want to marry before having green card, marry here ASAP (divorce later if it does not work out)

If you meet a girl you want to marry after greencard, spend around few years to test your and her love (hey it is good right, you don't marry because someone told you so). Then, you could find true love, not arrange marriage. After few years, you can marry her. Then the waiting time is just few years.

Originally Posted by namedude

This is actually not true again.

You are eligible to apply for US citizenship 4 yrs and 9 months after getting GC. But after you apply it might take you even 2 years to get US citizenship. You might be stuck in namecheck for example for 2 years or more....

Then when you get US citizenship it will take additional consular processing time to get your spouse in. So I would be conservative that if you marry soon after you get GC - you simply will have to wait at least 7 years. You might be lucky and wait less but counting on it is stupid.

Then - regarding L1 and H1. Well the spouse cannot come to the US for interviews for a job because that would require non immigrant visa. This is not allowed. So the spouse has to do job interviews abroad. Period. Even if spouse comes from Canada or VWP - the spouse should not come here without visa. Everything else is a fraud even if they let in the spouse.

If the spouse gets a scholarship say at Harvard - the spouse needs to reject the scholarship period.

To qualify for H1 - you need to have specific skills. If you marry a history major - good luck with H1.

To qualify for L1 - you need wife to work for company abroad for at least 1 year and the company has to move the employee to the US.

I think this is not a big deal as people are saying though. 7 years of family separation is not sthg to cry about. I would be more concerned if it were 20-30 years because then there would be a chance that one spouse would pass away before reunification. But 7-8 years is no biggie.

[namedude]

Keep in mind that if you meet a girl and not marry her - nothing really changes. She needs to have a status in the US at all times. The advantage is she/he can have F-1 which is not possible if married. However if you marry and she/he is on F-1 - then too bad - the person should give up the studies and go back. You cannot hold a non immigrant visa such as F-1 if you have immigrant intentions. PERIOD.

If you marry sb abroad then you could wait 7 years or more. No biggie anyways.

[TheRealCanadian]

Originally Posted by namedude

But after you apply it might take you even 2 years to get US citizenship. You might be stuck in namecheck for example for 2 years or more....

Or you might be like 99% of the world and get your name check cleared in a few days. If we want to talk about unlikely occurrances, we might as well consider that FB2A will become magically unbacklogged, or that Congress will increase the number of visas available.

Even if spouse comes from Canada or VWP - the spouse should not come here without visa. Everything else is a fraud even if they let in the spouse.

No fraud has been committed if she enters without a visa and is eligible to do so. There is no statutory bar to entry on a non-immigrant visa that does not permit dual intent if married to a US permanent resident or US citizen, especially if the trip was temporary.

To qualify for H1 - you need to have specific skills. If you marry a history major - good luck with H1.

This history major got an H-1.

7 years of family separation is not sthg to cry about.

7 years is an absolute worst case that is specifically designed to make the problem worse than it is.

[TheRealCanadian]

Originally Posted by namedude

You cannot hold a non immigrant visa such as F-1 if you have immigrant intentions. PERIOD.

This is also incorrect. Intention to immigrate at some point in the future does not equate immigrant intent, if the current stay in the US is temporary.

[harvydonald]

I don't know about F1...but H1 is a dual intent visa....

[namedude]

The Real Canadian -

I would like to see how immigration officer reacts when somebody on VWP comes in and tells that they are married to permanent resident and hence they want to immigrate - but not now. Right now they just came over to do some job interviews............. Obviously you do not have to volunteer this info. This is also why it is so difficult to get a tourist or student visa for such people.

You say that 99% of the folks get namecheck cleared in a couple of days. Think again - go to FBI web site and look for official data. 99% get cleared in 6 months and I am not sure I trust this. Also browse thru posts on naturalization forum.... Plus look at processing times at some of the centers. There are some that are fast but some I think in SC take a lot of time. I don't know how many years they will process N-400 couple of years from now.

Plus even when you get US citizenship - you still need to apply for immigrant visa and that takes up to a year. Although if you can afford to leave your job etc. - as a US citizen you can easily move to a foreign country until processing is complete.

So being seperated for 7 years is no biggie but also probable if you marry right after GC. 4 yrs, 9 mths to file N-400, 1 yr for N-400 and 6 mths - 1 yr for immigrant visa. Maybe a little less than 7 years would be the average time. Bad scenario where you get processed in a slow center or stuck in namecheck - you can add 1 more year which would push you closer to 8 years total.

[namedude]

In any case Real Canadian 6, 7 or 8 years is all in the same ball park.

Just like 10 or 14 years.

It does not matter. They are all a no biggie. They can go slightly up or down - does not matter.

Regarding H1 for history major - maybe you got this. But very hard generally to get it. I think if you do not have bachelor degree - then it might be almost impossible unless you have tons of experience.