Can I keep my green card in this way?

[WienerPhilharmo]

Hello,

I am a canadian with a U.S. green card. I would like to study at a Canadian university for the next 4 years, this Canadian university is very close to the U.S. border. So, can I keep my green card if I simply drive up across the border every single month? Wouldn't I technically have only left the U.S. for 1 month each time, and would I be subject to scrutiny if I tell them that I'm studying at a canadian university? THanks.

Note: My home is in the United States, I live with my parents down there. I have U.S. driver's lisence, bank account, and tax returns. I'm just temporarily studying at canadian university and planning on going back home to visit every month or so.

[Dedo]

Why not live on the US side of the border and commute to Canada each day? That would certainly prove your intent to live in the US

[WienerPhilharmo]

Originally Posted by Dedo

Why not live on the US side of the border and commute to Canada each day? That would certainly prove your intent to live in the US

It would be inconvenient, as the Canadian university is 40 minute drive away to American border, which I wouldn't mind doing every 3 weeks or so, but every day is just too much. So, will this be a problem? I enter USA every MONTH, and from what I read here it shouldn't be a problem if it is under 6 month!

[GotPR?]

Originally Posted by WienerPhilharmo

It would be inconvenient, as the Canadian university is 40 minute drive away to American border, which I wouldn't mind doing every 3 weeks or so, but every day is just too much. So, will this be a problem? I enter USA every MONTH, and from what I read here it shouldn't be a problem if it is under 6 month!

it's nothing different from those who fly into the US once a month and fly back after a day of stay. Requirement to maintain LPR status is residing in the US.

Commuter GC is the only way in this case.

[WienerPhilharmo]

Originally Posted by GotPR?

it's nothing different from those who fly into the US once a month and fly back after a day of stay. Requirement to maintain LPR status is residing in the US.

Commuter GC is the only way in this case.

I'm just a student studying at canada TEMPORARILY, my home is still in the united states. What will happen if I pull up every month and tell them that I'm going back home, and I'm temporarily a student in Canada?


Note: My home is in the United States, I live with my parents down there. I have U.S. driver's lisence, bank account, and tax returns. I'm just temporarily studying at canadian university and planning on going back home to visit every month or so.

[GotPR?]

Originally Posted by WienerPhilharmo

I'm just a student studying at canada TEMPORARILY, my home is still in the united states. What will happen if I pull up every month and tell them that I'm going back home, and I'm temporarily a student in Canada?


Note: My home is in the United States, I live with my parents down there. I have U.S. driver's lisence, bank account, and tax returns. I'm just temporarily studying at canadian university and planning on going back home to visit every month or so.

All that matter is where you are living. It's that simple. You may get away since you aren't subject to US-VISIT, but still technically, it's risky.

[WienerPhilharmo]

Originally Posted by GotPR?

All that matter is where you are living. It's that simple. You may get away since you aren't subject to US-VISIT, but still technically, it's risky.

From what I understand, you are allowed to live abroad with a green card, only if you have intent to permanently live in the U.S. in the future...

[GotPR?]

Originally Posted by WienerPhilharmo

From what I understand, you are allowed to live abroad with a green card, only if you have intent to permanently live in the U.S. in the future...

intent is difficult to prove, that is why I-131 form is available for 2 year absence. It won't cover 4 years though,
This dicussion has been beaten to death.. Please search the forum.

[WienerPhilharmo]

Originally Posted by GotPR?

intent is difficult to prove, that is why I-131 form is available for 2 year absence. It won't cover 4 years though,

Ok heres the thing you perhaps are not understanding. In my situation, I can prove that I have permanent ties to the United States through me owning a condo (where my parents live), bank accounts, car liscence, tax returns, and immediate family ties. When I'm studying in Canada, and returning every month or so for 3-4 days, the time I'm allowed outside U.S. RESETS itself. So each time I come back to U.S., they would only see I been out for 1 months, and how are they going to revoke my status for ONLY being out for 1 months and with all the documents showing my PERMANENT ties to the united states?

[GotPR?]

All the ties may or maynot work because these ties are not solid evdence of your permanent residency. It's The clear fact is you are not residing the US which is against the concept of permanent residency.
if you can convince officers, they'll let you in, if not, they won't. So, roll the dice.

[WienerPhilharmo]

Originally Posted by GotPR?

All the ties may or maynot work because these ties are not solid evdence of your permanent residency. It's The clear fact is you are not residing the US which is against the concept of permanent residency.
if you can convince officers, they'll let you in, if not, they won't. So, roll the dice.

So it be a much safer bet just to say that I was travelling and visiting friends, rather than going to school?

[GotPR?]

Originally Posted by WienerPhilharmo

So it be a much safer bet just to say that I was travelling and visiting friends, rather than going to school?

probably, but the thing is if they see the travel pattern, they may come to conclusion that you are living in Canada, and then they will start questioning.
If it's a few trips, they may not look into it in detail, but doing so every month definitely raises the flag some day, i guess.

Apply I131 or commute. I know a lot of people who commute 40 miles one way every day,

[WienerPhilharmo]

Originally Posted by GotPR?

probably, but the thing is if they see the travel pattern, they may come to conclusion that you are living in Canada, and then they will start questioning.
If it's a few trips, they may not look into it in detail, but doing so every month definitely raises the flag some day, i guess.

Apply I131.

The thing is when I cross into canada, the Canadian border don't document my entry into Canada into a system that US CBP can access. So if I just lie and tell them I was only in canada for one day, how would they know?

[Jackolantern]

Canadian authorities do share information with CBP and vice versa. They may not have up-to-the-minute information, but they do periodic downloads of each other's data.

And each trip does not cause a "reset"; they can look at your travel history going back for years and determine that you appear to have abandoned your US residence.
See http://forums.immigration.com/showthread.php?t=293914

Anyway, go ahead and study. If you go back to the US once or twice every single month, and spend a month or two in the US during the summer and Christmas breaks, and maintain the US ties that you mentioned, you should be OK as far as keeping the green card is concerned. And get US license plates and registration for your car, unless the university in Canada won't let you park with US plates. And make sure you use your green card to enter the US every time, not your Canadian passport (which would put you in a temporary visitor status if you show that without your green card). Just don't expect the years when you're spending the vast majority of each year in Canada to count towards your eligibility for US citizenship.

[cafeconleche]

Apply for a Re-Entry Permit. You can possibly apply again in 2 years.

[Triple Citizen]

It seems you will keep asking the same thing until you hear what you want to hear. Whatever advice you have gotten so far is your best option. Ensure the pillow you put your head on every night is in the US. As simple as that. 40 minutes daily commute is too much? I live in Chicago and my daily commute to work is nearly 90 minutes one way. Drive to the station (20 mins), train to downtown (40 mins) and then a shuttle bus to my work place (20 mins). If you have plans to join the work force after school, better get used to the idea of commuting daily

Originally Posted by WienerPhilharmo

The thing is when I cross into canada, the Canadian border don't document my entry into Canada into a system that US CBP can access. So if I just lie and tell them I was only in canada for one day, how would they know?

[cafeconleche]

Yeah, I used to drive to university in San Francisco- 1 hour each way, and THEN, I had to find parking. FUN FUN!

Anyway, a 4 year degree abroad might be tough to handle as a US permanent resident. If you just don't want to lose your GC, then a re-entry permit a couple of times will help. Coming back to the US and maintaining your ties will also be good.