Trying to obtain some information.

S

sbrownsprint

New Member
Hello everyone,

I am sorry if this has been asked before, but I am trying to get some updated information for my son.

I am a Canadian citizen (so is my son) and I had married a US citizen 3 years ago. We had completed all the required paperwork for my son in order for him to obtain his green card when he came to live with us 2 years ago, and he was approved for the 10 year card and mailed out to him about 1 week ago.

Well, he decided to drop a bombshell on us at the same time his card was approved, now that he turned 18 and thinks he is an "adult" he has decided that he wants to return to Canada. At first I was under the impression that he was going to visit (he has not seen his other family members for about 2 years) but he has explained to my wife and I that his intention is to remain in Canada to be with his girlfriend (who he only remained in touch with over the internet for the last 2 years).

I had tried to explain to him that if his intention is to stay in Canada, then he must now give up his residency in the USA and basically turn in his greencard.

I had tried to get information from USCIS directly on this issue to see what must be done in order for him to take care of everything in a legal fashion and I have been told a few different solutions.

What I am trying to find out is what exactly happens to him and his future status with the USA if he leaves after such a short period of him being approved for a green card?

I was told it can be as simple as him returning to Canada and turning it over when he arrives to US immigration with no penalty, to as far reaching if he returns to Canada and gives up his green card after just recieving it, it may be cause to forbid him re-entry for up to 10 years.

Then he tells us that he may just want to go to Canada for a few months (less than 1 year) and live and work up there for a while. But if I am reading things right, is that also not allowed? I was reading that as a US resident that he is not allowed to live and work in another country or be at risk of losing his status here in the USA?

The other part of this is his girlfriends situation, she is a US citizen who lives in Canada with her mother and they are in the process (if not already completed) of her obtaining her Canadian residency and there has been talk that she may decide in the future (next 2-3 years) of returning to the USA.

So, I am concerned for his future as I do not want to see him give up his potential long term future for the sake of a short term gain of being with a girl that may decide to return and he may not be able to.

I am sorry for all the confusing questions, but it seems to be a confusing situation and any help or feedback would be greatly appreciated.

Sbrownsprint
 
He had no restrictions when he obtained his GC; unlike marriage-based and employment based, it is pretty difficult to be one's child in a fraudulent way.

He doesn't have to "give up" his green card unless there is some tax reason for him to do so -- which is unlikely from what you describe. His GC would therefore either lapse on its own, or be conficated by the border at some future re-entry. There is no penalty. Until 21, he probably would not have any problem getting another GC, if necessary based on being your son. After 21 it would be a might more difficult, until you become a US citizen, which might coincide.

All GC holders can leave US for upto 6 months without issue, regardless of how fresh the GC is. For periods longer than this a re-entry permit is suggested (I-131). There is no need to hastily force him to give up his status. There is no penalty for failure to make up one's mind. No need to use the argument that he his giving up his GC to go live in Canad, because (a) it probably isn't the case, (b) he doesn't care at this point and (c) this may all blow over by Christmas.
 
I know of people who have applied for a 2 year re-entry permit for situations like this to go back to their home country and take care of business. It has usually been sale of business and property in the native country that can be time consuming. I guess since it is not clear what he will do at the end that might be an option worthwhile to look into-talk to a lawyer.
 
I am in similar situation. My GC has been approved recently. But I am coming to US just for a trip because I must do some business and complete sth home.

And overall I am still not completely decided where to live, so my gc may expire :(

You're in better situaition with your son, he can visit USA for a few days every year , can't he? Or anyway if he loses his GC he would be able to obtain it again because of your prospective US citizenship
 
I mean that Canada is next to USA and may not be problem from my point of view to visit U.S. every half week.

If her son somes within each 6 months, the son should be ok, no?
 
Well... no.

Once you have had GC, and when the conditions for obtaining GC are favourable, the CBP (border agents) often over-sctutinize entries made by such persons. They could quite easily deny entry -- even for tourist purposes -- to such an individual on the grounds that they are likely to immigrate (which is not permitted when visiting as a tourist).

And, as was pointed out, visiting carries no privileges in US, and rewquires maintenance of residential ties outside the country.

Is it better than being in Sudan? Surely. But it is nowhere near to the benefits of taking the time now to preserve the GC.
 
I still dont understand why Americans make such problems to gc holders. Even if they wanna stay for some time in they home countries, they're once approved and if they reside in America paying taxes, America can only profit!
 
You must log in or register to reply here.
Top