Returning to US on GC after "landing" in Canada

[bob94102]

Have US GC for a year and my Canada PR process completed and imm visa in pasport stamped (expires in a month).

Please advise on process to "land" in Canada and safely return to US on GC.
Special interest for hassle-free return and preserving GC if the US officer notices Canadian PR visa.

Any experience re-entering on GC having Canadian PR/stamp.

 

[thankful]

I would counsult an attorney that it is very possible you cannot keep your PR status in both countries at the same time.

 

[bob94102]

At this time I am asking about the landing and most SAFE re-entry to US only.

Objective: safest re-entry to US and not jeopardizing US GC.

Any experience re-entering US on GC, while having Canda PR stamp in the passport? Any questioning?

I would counsult an attorney that it is very possible you cannot keep your PR status in both countries at the same time.

In 3 years I will be US citizen and dual-PR would not be an issue

 

[arizonian]

In 3 years I will be US citizen and dual-PR would not be an issue

What purpose will the Canadian PR serve ?

 

[TheRealCanadian]

At this time I am asking about the landing and most SAFE re-entry to US only. Objective: safest re-entry to US and not jeopardizing US GC.

Based on the fact that you have landed in Canada with the intention of establishing permanent residence, CBP could legitimately consider your GC abandoned.

Were you lying to the Canadians, or will you be lying to CBP when you re-enter?

 

[arizonian]

I assume that you value your GC much more than your Canadian PR. If that’s the case, I wouldn’t do anything to jeopardize it. Hope this helps.

Well, that really depends. If you are older and in need for some free healthcare, Canada is the place to be. Canada is more "socialist" than the US.

 

[TheRealCanadian]

Well, that really depends. If you are older and in need for some free healthcare, Canada is the place to be.

Provided you don't mind waiting. If demand cannot be rationed, then supply will be. My mother in law has a 13-month wait for knee surgery, and my father was looking at "only" 6 months for thyroid surgery.

 

[bob94102]

thanks for information everyone.

nowwhat, What were the circumstances of the "GC taken when Mapple card discovered"
Were they living/working outside US more then 6 months, etc, i.e. would his GC be taken anyway for abandonment US residency?

Yes, US GC is more precious to me, but I already have canada visa sticker in my passport, expiring in a month - no way back

PMs welcomes, all will be answered

 

[bob94102]

Based on the fact that you have landed in Canada with the intention of establishing permanent residence, CBP could legitimately consider your GC abandoned.
Were you lying to the Canadians, or will you be lying to CBP when you re-enter?

To Canadians at landing: I am landing now, and plan to move sometime within 3 years, as the law allows. Please stamp this list of goods to follow, and mail my PR card at this address, thank you. What about my US GC? Of course, I am coming back to US to finish my business, what do you expect? Yes, I plan to continue to be permanent US resident until I move to Canada. Any other questions?

Back to US - I was visiting beautiful Canada on a 3-day trip during my vacation, which is true, need to be at work next day. Regardless of the Canadian visa and 3-day-old stamp that you noticed in my passport - No, I have NOT moved to Canada [at this time]. Here is my US tax returns, my paystubs, my rent, my car registration and insurance. Here is my return tickets, purchased well before leaving US.

I do not plan to lie to anybody.

Any issues with this? Any pitfalls to avoid?
Any similar expereance? recommendations?

 

[desi74]

Basically the guy confessed at POE that he is a GC holder and has been living in Canada for the last few years. He was then brought in for more questioning and his maple card was discovered subsequently. I don’t know if he was plain ignorant of the law or was trying to be truthful. Either way, he had to surrender his GC right on the spot.

Even if you have the visa sticker on the passport, as long as you don’t “land” ( and have paper work to back it up) you can still argue that you intend to live in US. So it’s still not too late.

It comes down to the benefit of being a Canadian PR when you are already a GC holder vs. the pain of losing GC * the probability of being discovered. You do the math. Good luck.

it does not make any sense to me........what if you land in canada and returns to USA after 2 hours and then never goes back to canada? .....i know so many of my friends who are green card holders and who returned back to USA in one hour after registering a safe landing in canada at windsor through road.

I guess every one has missed a point. Greencard is not citizenship and you can absolutely keep the residentship of any other country so far you do not abandon USA and start living in the other country. By law, you are not prohibited to have residentships in two countries. Just think about it. We all are indian citizens but that does not trouble the green card so far we do not start living in India. USCIS does not ask us to leave Indian citizenship before granting the green card. so why would they ask you to cancel your canadian residentship.

 

[desi74]

How do you define "residentship"? US Immigration law has a clear definition in INA 101:
"(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. "
(I am not an Indian citizen, btw.)

exactly and if the principal place of general abode is USA, no problem at all. As a matter of fact i just called my green card holder friend who registered a landing 6 months ago in Canada and asked him abt the experience. He told me that when he came back to USA, the officer asked him that what took him to canada. he told him that he got canadian residentship and he has registered the landing, The officer asked him where will be you living from now on and my friend told him that he has a permanent job in usa and has no intentions to quit usa whatsoever. the officer asked him for the rental leese and a job letter in usa which my friend showed him. he told my friend that you have to keep your primary residence in usa to keep your green card active and then let him go without any problem.