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Living in Canada with a Green Card

J

johnsimon66

Registered Users (C)
Hi,
Does anybody have experience with living in Canada and keeping the Green Card at the same time?
I live in a border city in Canada and use to go to US frequently (for friends visiting, shopping, etc.). Now after I received a notification for a Green Card winner I am worried how is this going to affect my border crossing with US since I am not ready to move permanently there yet (have a good job in Canada and intend to move only if I find something better in US). I personally witnessed when friend of mine that already has Green Card got caught and received a warning that he should decide to move pretty soon or otherwise lose the Green Card. Are there any "tricks", like requesting a name change just for the green card so you don't get caught when crossing the US border with Canadian ID?
Also is it required to fill out a tax return in US in order to be considered living ithere so the year is accounted for your citizenship application?
Any advice in this direction will be highly appreciated.
 
there are no tricks. You either want to live in the US or you don't. If you don't, give the DV chance to somebody who is actually dreaming of living in the US and would move in a heartbeat.

When you apply for citizenship, you will have to list all of your trips abroad. Simply filing taxes does nothing for your citizenship. You have to reside in the States.
 
Dear LucyMO,
I completely understand your statement that some people 'would move in a heartbeat'. I also understand that for the 99% of those people the reason will be just the economic gain for them and/or their families (especially for the people in Europe in which category I belong). The economic gain for me and my family dictate to delay my entry to US and not going there 'in a heartbeat'. So I don't see why economic gain for other people is more important than economic gain for myself. Maybe you can try and explain this to me.
 
since you live near the border anyway, why don't you move to the other side of the border and actually reside in the U.S. while you commute to work in Canada?
 
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Yes, I will eventually move to US but have few reasons to delay it. First I want to find a work there because commuting thru the border everyday is not a pleasant experience with all the delays, alerts, etc. Second, at the time I will eventually receive the green card my son will be in his last year in high school, and this is definetelly not a good time to move. Then I have to put my house on sale and find a decent house on the other side, which takes time as well. So as you can see there are lots of consideration before making the final step. Just want you all who read this to realize that world is not just black and white and everybody's case is different. Before taking the risk to emigrate to Canada, the green card was a big dream for me too, but now the perspective is changed and I am sure that everybody else on my place will feel the same.
I was just asking if anybody has this experience to help me with advice.
 
Keeping your greencard
Related topics: Green Card GreenCard Permanent Residency Re-entry Permit Reentry Permit
If you already have a green card, there are certain precautions you should take to keep it, i.e., not have the government take it away.

HOW TO KEEP YOUR GREEN CARD


This document describes certain precautions for U.S. permanent residents ("green card" holders) to take in order to maximize the chances of being able to maintain permanent residency status, i.e., "keeping your green card." Please note that the purpose of this document is to help law-abiding persons avoid common pitfalls that could cause them to inadvertently lose their green card. It is not intended for anyone who should not legally be able to keep their green card.


GENERAL RULE
It is very important to realize that U.S. Immigration law requires that a green card holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a green card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their green card.

This means that ANYTIME a green card holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, green card holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently. However, simply returning to the U.S. once a year for several weeks to use the Green card is NOT enough!!! Many green card holders have lost their green cards--even though they returned to the U.S. once a year.

PRECAUTIONS
Consequently, it is very important that other precautions, such as the following, be taken:

1. OBTAIN A REENTRY PERMIT
If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.
Note that if you continue to request a number of reentry permits (one after the other) the I.N.S. is likely to deny your application.
2. FILE TAX RETURNS
ALWAYS FILE A U.S. RESIDENT TAX RETURN, AS WELL AS ANY OTHER APPLICABLE STATE, CITY, OR LOCAL TAXES.
Be sure to file resident tax returns, e.g., 1040, and not a non-resident tax return!
Note that this does not necessarily mean that you must actually pay U.S. income taxes, it only means that you must file a resident tax return and declare your worldwide income on that return, even if most of this income is exempt from taxation. Consult a tax adviser where applicable.
Keep copies of all tax returns you have filed as a resident, and BRING THESE COPIES WITH YOU WHEN ENTERING THE UNITED STATES.
3. MAINTAIN A U.S. ADDRESS:
Maintain a U.S. Address, even if the address is the home of a friend or relative.
If possible, do not use "in care of" for your address.
DO NOT have a U.S. address which is a resort or hotel.
4. MAINTAIN U.S. BANK ACCOUNTS
You should leave open and continue to use U.S. Bank accounts.
For example, some employers, when assigning an employee overseas, will continue to pay the employee in U.S. dollars, depositing the amount directly into the employee's U.S. account.
5. MAINTAIN U.S. DRIVER'S LICENSE:
You should continue to RENEW your U.S. Driver's license.
Be sure that the address on your license is the same as that recorded on any immigration documents.
Carry your driver's license when entering the U.S.
6. MAINTAIN U.S. CREDIT CARD ACCOUNTS
7. OWNERSHIP OF U.S. PROPERTY
If possible, continue ownership of U.S. property, e.g., houses, condominiums, businesses, automobiles, etc.
For example, a person assigned abroad may want to rent, rather than sell, his or her U.S. residence.
8. DOCUMENT REASONS FOR LONG STAYS ABROAD
EMPLOYMENT CONTRACTS: Before leaving the U.S. on long assignments abroad, it is advisable to obtain a written employment contract, or letter, from your employer.
The contract or letter should specify the terms and length of employment.
If the employment will lead to a transfer back to the U.S., or to a U.S. based affiliate of the foreign employer, the contract or statement should include this fact.
9. SOCIAL SECURITY NUMBER
Be sure to maintain your social security card, and carry it with you on your return to the U.S.
If you have not yet done so, be sure to apply for the type of social security card which permits you to work in the U.S.
10. SELECTIVE SERVICE
For persons of applicable age, be sure to register with selective service.
11. KEEP YOUR GREEN CARD VALID:
Be sure to renew your green card when it expires.
Children who reach the age of fourteen (14) must file an application to replace their green card unless the prior card will expire before they reach age 16.
12. THINGS TO AVOID (which may unintentionally create the appearance of having abandoned the INTENTION of continuing to reside permanently in the United States):
DO NOT return to the U.S. using any form of non-immigrant visa. For example, if you stay outside the U.S. for longer than one year, without having obtained a reentry permit, do NOT return to the U.S. on a tourist visa; instead, apply to the U.S. consulate for a Special Immigrant Visa.
DO NOT arrive via a chartered air carrier where nearly all passengers are nonimmigrant.
DO NOT return to the U.S. with a spouse and or children who are neither citizens nor green card holders, especially if they will be in the U.S. only a short time.
DO NOT arrive at a port of entry functioning as a gateway to a resort area.
DO NOT enter the U.S. on a round-trip ticket which terminates outside the U.S.
---------------------

NOTE: That even if you take all of the above precautions, there is NO GUARANTEE that the U.S. immigration inspector will not exclude you from the U.S. for other reasons, e.g., such as for committing a crime involving moral turpitude. The above information is intended solely as general reference information. It is not legal advice. Consultation with an immigration attorney is recommended. In addition, please note that Immigration Laws frequently change.
 
Thank you justastudent and Privateer,
Your advices are very helpful and I will keep them on the safe place for reference from now on. I didn't even know that this re-entry permit exists. If I have to stay outside for a long period I will definetelly use it. Sinse there is no exit control on the land crossings, exiting the US by land will not leave any trace. In that sense do you think that the name change maight help? I mean to change the name that will appear on the green card (is this allowed?) and then cross the border with my Canadian ID with the current name? Is there a cross reference of both names since the green card application is filled out with the current name so they can match one with the other?
 
Do they only *look* at your I.D. when you cross the U.S. - Canadian border? Without using any machine or database to uniquely identify you or without runnning your I.D. thru a machine? I'm pretty sure that if they try to match you up in a computer they will identifiy you even if you changed a name. Anyway, if it was ever discovered it would seriously threaten your GC. I strongly recommend you consider other options.

If you leave with "no trace", there won't be any trace of you living in the U.S. neither - such as working etc.
 
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Yes they look. Not every time but some times they punch the names on the computer and check to see if something comes up. I guess the names will be cross-referenced in their database and they will come up even if changed. Otherwise it will be pretty dumb system :) So probably changing the names is a stupid idea. Do you know what they look for when one applies for citizenship after 5 years?
 
after getting the citezenship

after getting the citzenship for usa or canada can i leave for ever the country without losing this cetizenship,what do y think
 
Provided you have both citizenships you can live and work whenever you want because both countries allow for dual citizenship. The only thing is that you may loose some of the benefits that citizenship provides, for example there are some requirements about physically residing in the country if you want to be eligible for health benefits, old age security pension, etc. Thats the reason why Canadian seniors (they call them 'snowbirds') that use to go every winter to Florida, are very careful to stay there 1 day less than 6 months in order not to loose the health benefits. But other than that nothing prevents you to reside either in Canada or US without loosing any of the citizenships. I have also heard that you cannot vote in both countries at the same time but not sure about that and who cares anyway :)
 
Just remember that as a citizen you will have to be filing taxes for countries that you are a citizen of even if you don't live there (or so I heard). Could anybody give more detailed information or correct me? I'm not sure about details.
 
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I don't think that this is strictly re-inforced, especially if you don't have income in this country. My wife had some tax preparing experience and told me that there were people that have not been filling taxes for years but this doesn't deprive them from the citizenship. The worst that may happen is to get fined but even for this one I am not sure.
 
1. OBTAIN A REENTRY PERMIT
If you will be leaving the U.S. for more than one year, but less than two years, it is advisable to obtain a reentry permit prior to leaving the U.S.
Click to expand...

Privateer,
I have the same question that justastudent wasn't sure about:
Provided that I obtain a re-entry permit, can I then cross the border with US for a daily trips without a problem or it is not allowed/recommended? In other words, is it OK to say to the custom/immigration officers at the border that the current entry in the US is just for a day and should not be considered as an actual 're-entry'?
 
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