Spending the weekend in Canada with a GC

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rorita76

Registered Users (C)
Hey there, I am new to this forum, I did lot of research but didn't find a similar case to ours. I am a Canadian PR since july 2009 and my husband is a Canadian citizen and a US GC holder. He had his interview in February 2009 and he were suppose to get his citizenship, but because his first GC was lost in the mail, the officer in the interview told him that you passed your interview but they were Investigating the lost GC and still till now, with a long backlog. He started commuting to Windsor daily from Detroit where he works since july 2009 to spend time with me, he didn't face any issue on the border until lately, the US side started asking him more question on why he is spending time in canda and how much, and from the begining he told them the truth, my wife is a Canadian PR, and I am waiting my citizenship in order to sponsor her, which is the truth, and in the interview as well , he told them that my wife will come soon to Canada and I will sponsor her to the US later. Since the end of November, he started only spending the weekend with me in Canada, because it has been 5 month of daily commute, and we don't want to have any issue with the immigration. By doing so, coming Saturday night ad leaving Monday morning to the US, and he alwyas have all the proof we have to the ties in US, house, 2 mortage, bills, US tax , his health insuarance, and he is self employee who has 50 employee , half of them US citizen, his car has a US plate and registered for his compagny...My question, doing this, and having all these proof will protect his GC ?? because from what we see and what the lawyer is telling us, they have a long queue of backlog work, and that it might take several months to finish the investigation and issue the oath letter.
Thank you in advance for your reply, and sorry for the long post, but since I am new here, I needed to post all this info to get the correct reply.
 
USCIS is required by law to make a decision within 120 days after the interview. Once they go beyond that, the applicant has the right to file a 1447(b) lawsuit to force them to make a decision quickly. The decision will usually be made within 1 or 2 months after filing the suit.

Before filing the lawsuit, he could go for an Infopass appointment just to check up on the status and talk to a supervisor to see if they can expedite the processing (he should emphasize that they are long past the 120-day limit).

Do not worry about USCIS retaliating because of the lawsuit; once 1447(b) is filed, the case will be under supervision of the court and USCIS will not be allowed to deny the case for capricious reasons.
 
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So, naturalization problems aside, there is absolutely no problem, going to canada with GC every weekend if he wishes.

The CBP officer was correct to question exactly where he lives; many Cdns with GC get these questions.

He needs to live in US to preserve his GC. Visiting you on weekends is fine. Commuting to US everyday for work was not.

Once he gets citizenship, he can do as he pleases.
 
Thank you for your reply. We are familiar with the rule of 120 day, but the problem was that there was an invastigation about his lost GC. His file is in Detroit and it was suppose to be finalize with other pending file (under invastigation) by September as a direct Order from the white house to the FBI to finalize all these pending file , so they will be able to work on other issues. He did an info pass after that, they told him that they are still working on the file, before the last info pass, the officer told him that his file is spotless, the name check is done the background check is done, and the file is in queue to finale review before issuing the oath letter. last week he went there for another info pass, the officer said that he has a security check going on????? he was shocked as well the lawyer...security check for what, all the background check is done the name check...everything. As usual the lawyer told him to be patient and wait to see what will happen. Is it possible to have a security check because he was going in and out from Canada for 5 month?? because he doesn't have any other issue, not even a driving ticket. My husband think that might be the issue they want to see why he was in and out frm canada for 5 month daily. We are considering the law suit, but it s like our last choice.
What I am realy worried about is, by January the third, he will have been crossing for 6 months, 5 months on daily basic , and since the end of November each weekend...what will happen...they have record of every in and out...what will be the situation? his lawyer told him that it is ok, specialy that he has tons of ties in the US...but I am worried...any info can help me.
Thank you
 
The security schecks are unrelated to his visits to canada.

You are worrying about these border crossings for nothing. Let your husband focus on getting his citizenship.
 
Thank you nelsona, if the security checks are unrelated to his visit to Canada, what else could it be, his background check ad name check are done as the suppervisor told him since several weeks in the info pass
 
rorita76 said:
Thank you for your reply. We are familiar with the rule of 120 day, but the problem was that there was an invastigation about his lost GC.
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It doesn't matter if there is an investigation about the lost green card. If the investigation was so important, they could have delayed the interview until that investigation was completed. But they went ahead and scheduled the interview anyway, so the 120-day clock started running. Once you file the 1447(b), they will have to find a way to complete that investigation and any other pending issues within the next couple of months.
 
jackolantern you are giving me some high spirit, thank you for the info.In your opinion , if we file the 1447(b), would this have any effect on us, I mean does doing so has any special requirement, beside the fees, like he would be alllowed to be outside of the US while the law suite is in process, in order to visit me in canada, or any other effect on his life or when later on will sponsor me....any effect at all?
Excuse me for my bad english, I am working on it, but hope I was able to express my question clearly.
 
He can still travel in and out of the US and he will not endager his privilege to sponsor you later.

rorita76 said:
like he would be alllowed to be outside of the US while the law suite is in process, in order to visit me in canada, or any other effect on his life or when later on will sponsor me....any effect at all?
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rorita,
som of us at the GC stage or at citizenship stage were stuck in security check for 3 years. It happens.

Naturalization petitions have the added protection of 1447(b). Use it, and forget about trying to read tea leaves. It's of little value.
 
Thank you all for your reply, I Talked with my husband, we will wait until the begining of the year, if we don't hear anything, will do a info pass to see if we can get any answer, if not..we will fill a law suite, does anyone knows how much it cost, of course beside the lawyer fees
 
Hey there, I have a new question for you. Do we have the right to go for an infopass and ask the supervisor what the security check is about, since the background and the name check are done like they told us in the past infopass, specialy now that we are beyond the 120 days, the interview was in february 2009.
Thank you in advance
 
Anyone has an answer for my questions please...it is getting very frustrated on us, like a lot of members here...I don't trust our lawyer very much anymore...she always say wait, be patient and never tells us what are our options are, I am realy glade that I found this forum.
 
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