Antstar

Just to give everyone a quick background, I'm a UK passport holder who has worked in Canada for the last few years and back in May '09 I married a yank (that's when the trouble started ) and in January this year I travelled to the US and 'activated' my green card (after jumping through all the hoops!). I have continued to work in Canada on a temporary work visa (this is where the trouble seems to have got worse). Since I am working in Canada I travel to see my wife every month for about 4 to 6 days when I have time off, this is the same routine we had before we were married, during my CR1 application and now I am a PR. However, when I entered the US last time the border agent told me in no uncertain terms that I should not be working in Canada and that if I wasn't intending to live permanently in the US that I shouldn't have 'activated' my GC. All in all the conversation didn't go well and it ended with him telling me that the border agents have the ability to withdraw my GC on the spot if they feel it was obtained fraudulently. WTF?! I thought this was 'posturing' to put it politely but having spoken to the USCIS since, the customer services center confirmed that it was an accurate statement...double WTF?!

As most of you have been through the long and sometimes stressful process of obtaining a GC you will understand the fear that I felt when I realized it could be taken away on my first trip back to the US as a PR?! Having searched the internet, I can't find anything that specifically tells me what I am doing is illegal or an abuse of my GC privileges?! Can someone point me in the right direction to find out my rights? I don't really want to be unemployed but I REAALLLLYY don't want to lose my GC......

Bob

Your meant to be a permanent resident in the US, not a partial resident and working abroad can be seen as giving you your residence.

You can get a returning residence visa which is good for 2 years if your stay out is 6 months or more.

Probably worth having a consult with an immigration lawyer to go over your options so you really understand where you stand though.

Antstar

The last lawyer I went to (before I married my wife) told me that it was acceptable for me to get married in the states and then to just remain there and adjust my status........Kind of skeptical of these guys now which is why I like to see it in 'black and white' for myself.....

Guess I will just have to suck it up and move to the US this month......Anyone know of any jobs going in the Twin Cities?!?

jeffreyhy

A,

Recognize that a green card is only an ID card denoting your status in the USA, which is Permanent Resident. The term is literal. However, it appears that you are still a resident of Canada - in your own words, "I travel to see my wife every month for about 4 to 6 days when I have time off, this is the same routine we had before we were married, during my CR1 application"

There are several pages on the USCIS website that discuss Permanent Residency, poster meauxna provides the links frequently in her posts.

Regards, JEff

Antstar

I would agree except I am on a 'Temporary' work visa and the company I work for supplies my vehicle and accommodation etc... so I have no ties to Canada. It's just a job.......

Either way, it's not worth risking my PR for so I will just pack up my bags and head home to the Mrs....

Noorah101

I have to say this supports the idea that you don't consider yourself really living in the USA yet. You plan to "move" to the USA this month, which means up until now, you were a GC holder living outside the USA, which can cause problems in keeping up your PR status.

You should be spending more time inside the USA than outside, but coming back to see your wife in the USA only 4 to 6 days a month means you spend 24 days outside the USA and then only 6 days inside. Doesn't really sound like you live in the USA when you put it that way.

You also used the word "visit" your wife, which also makes it sound as though your permanent home is in Canada, and you only come visit the USA. Should be the other way around. You live in the USA, and you visit Canada.

What you are doing is not illegal, but it does put your PR status at risk.

Rene

S Folinsky

Some observations: I agree with your WTF's. It is disturbing when a CBP officer makes a bald face lie like you describe. Curious -- why did you talk to USCIS? What business do they have giving a false statement in an area outside of their purview? Why have you not consulted back with your lawyers?

I also find it disturbing that some of the postings in this thread appear to be just bloody wrong.

A lot of questions IMHO? No advice given nor intended.

fatbrit

Unless you point out which ones you believe to be wrong, there's little point in pointing that out at all.

No point given nor intended except the one I just pointed out.

Marocco

The replies to the OP seemed to suggest that the CBP officer had been correct. My understanding however is that CBP officers can't withdraw someone's green card on a whim, and a LPR is entitled to a hearing in front of an immigration judge.

Also, I am not a lawyer but what he is doing (working in Canada on a temporary visa) may not be incompatible with being a US LPR.

crg

I would agree with that statement. However, there is a distinct difference between someone who is a LPR with an established place of general abode within the United States who departs the US for significant periods of time as a part of their employment while maintaining that residence and someone who has merely obtained LPR status but NEVER actually moved to the United States to begin with. There is such a thing as a commuter LPR, but they reside foreign, but work in the US a certain number of days each year. It doesn't go the other way.

S Folinsky

Note: the mother case: Matter of Kane, 15 I&N 258 (BIA 1975). The entire discussion therein is of interest.

For some reason, although the case is 35 years old, the entire contents is unknown to most people. This includes most government employees.

Advice not given nor intended.

Antstar

Folinsky, thanks for your input.

The reason I called USCIS was to find out if it was accurate that a CBP officer could withdraw my GC and effectively terminate my PR on the spot. Obviously, I was concerned after this ‘run in’ having only just got my PR (Jan 30th)! Initially he (CBP at the border) was stating that it would cause me problems when I tried to remove my GC conditions and he stated that it could appear to be marriage fraud (his exact words were “You have to understand the US has a high number of marriage frauds”). After a bit more back and forth discussion, I admit I got a littler ‘bothered’ by him that’s when he made it clear that my GC could be taken away without notice?! My argument was that I was maintaining employment in Canada whilst actively looking for work in the US. I have a good income in Canada but I work in a niche market so finding employment in Minnesota is unlikely to be a quick process. I figured if I had to, when it comes time to remove my conditions I can provide evidence of the fact that I was pursuing employment in the US as soon as I received my PR (and before).

As a PR, I figured that I must have rights and this couldn’t be correct so when I phoned USCIS I was put through to a ‘Senior Customer Services’ agent who told me he was correct and what I was doing was ‘void’ – her words…..not mine…

I didn’t consult with a lawyer because after speaking with the USCIS agent I figured it was a closed case and there was little point spending the money for a lawyer to tell me the same thing…

henryh

USCIS is
(1) Not CBP, nor in charge of CBP, nor State Dept
(2) Known for frequently giving incorrect information and bad advice. As are a lot of posts on this forum. You get what you pay for.

Marocco

The person you spoke to was a call centre employee, not an immigration officer. Also, as others have pointed out, USCIS has nothing to do with CBP or with green card abandonment issues.

Antstar

Marocco, thanks for both posts.

I wish these guys at USCIS just told me that?! So I guess options are either:
1. Lawyer up or
2. Stop traveling for work.......
3.??