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Conditional Green Card and working abroad - My rights?

Conditional Green Card and working abroad - My rights?

Old Mar 15th 2010, 6:22 pm
  #31  
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Default Re: Conditional Green Card and working abroad - My rights?

Originally Posted by Antstar
Once again, thanks Folinsky. Maybe that's all I should say from now on to the CBP guys "I have a green card", "I have a green card!!"......

I'll let you know how that works out for me....
OK, I'll break down a tad and WILL give a bit of advice: See a lawyer who knows "abandonment" law. Not all immigration lawyers do.
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Old Mar 15th 2010, 6:33 pm
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Default Re: Conditional Green Card and working abroad - My rights?

Originally Posted by Antstar
I understand where you are coming from but I was asked very direct, simple questions, i.e. "What were you doing in Canada?", "How long were you there?", "Do you work for an American company?", etc...

I could quite easily have said to the first question "visiting friends" but it would have been a misleading response and as I stated before, I wasn't expecting any problems now I have my PR status. I certainly wasn't expecting to have the guy tell me he could take my GC from me.

My understanding was that providing my length of time outside the US wasn't beyond 6 months and that I filed a US tax return (which I did) and I didn't commit any crimes (which I haven't) that I should be free to travel and work so I can support my family. He made a valid point that I shouln't have 'activated' my green card until I was ready to stay full-time in the US but again, no-one indicated that my employment situation would be a problem so I merrily went on my way and activated it on my trip in Jan.....As a side note, the guy who accepted my immigrant packet when I 'activated' my GC (or PR) looked at my Canadian work visa and didn't say a word about it!? The expiry date is clearly on there and he could see it was still valid?!
There are some pieces you are missing and misunderstanding. I only had a brief glance back through your posts, but I don't remember you saying anything about keeping your job in Canada or I'm sure someone would have tipped you off to some of the prophylactic things you could/should be doing to protect your PR status.
Don't get caught out with the red herring of whether the border agent told the truth or not about taking away your PR status; I'm sure you don't want to end up solving it in court. If there are ways for you to manage the situation now, that would probably be much more appealing.

If you don't want to give up your job in Canada just yet, get some legal advice about how to protect your PR status. These are very individualized situations and other than general information, can't be solved in a discussion group.
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Old Mar 16th 2010, 12:00 am
  #33  
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Default Re: Conditional Green Card and working abroad - My rights?

I suspect that the level of knowledge on these matters is inconsistent within the government as well as the attorney field. I recently learned of an incident where someone in the US as a tourist filed for adjustment based on their marriage to a US citizen. The attorney (a member of AILA) did the paperwork with them and was paid well for it. He also submitted their application for an EAD card. When the client asked about travel, the person was advised to just use their B-2 visa and it would be fine.

Well it wasn't fine and now their client is stuck outside the US while they process the application through the consulate.

The lawyer had to give their client the ole "mea culpa".

I can't agree with Mr. F. more when he says to be selective. Don't just speak to any attorney. Make sure they are qualified and do as much research as possible. If they "specialize" in patent law, civil law, property law, social security and a whole bunch of things other than immigration, you may want to shop around some more.
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Old Mar 16th 2010, 12:44 am
  #34  
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Default Re: Conditional Green Card and working abroad - My rights?

Originally Posted by crg
I suspect that the level of knowledge on these matters is inconsistent within the government as well as the attorney field. .
I will admit to being amused -- the arrogant <snipped> in this thread was given perfectly good information by the CPB guy and he feels abused. OP here was abused and given false information, and he doesn't feel abused.

Go figure.

No advice given nor intended.

Last edited by Rete; Mar 16th 2010 at 2:38 am. Reason: Sorry but that term should not be used in this forum.
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Old Mar 16th 2010, 1:54 am
  #35  
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Default Re: Conditional Green Card and working abroad - My rights?

Originally Posted by Antstar
Jeff,

Point of clarification, I have never been a ‘resident’ of Canada. I previously had a two year temporary work visa and I am now on a Bunac working holiday visa (although I have worked for the same employer the whole time). I don’t rent or own accommodation in Canada nor do I have any personal belonging here except for clothes and books. I also have no ties to Canada as far as family goes.
You are a resident in Canada. Although you don't have a residency status you do have a valid work status and you do live in Canada with the exception of your 4 to 6 days vacation to the US.

Even if you were living in the streets with your clothes and books, you are still residing in Canada.

How do you cash your paycheck? A bank account? Do you have a Canadian debit card? Do you have a Canadian cell phone service?


I don’t believe I have said anything “counter to my interests” I simply answered the questions I was asked by the CBP Officer honestly. He asked what I was doing in Canada, I answered “working”, he asked me why my wife wasn’t with me, I said “because she has a job in Minnesota” and this is when the marriage fraud conversation started. You have to see this from my point of view, before when I used to travel to the US (prior to obtaining PR) I was told it looked suspicious that I was taking regular short trips and it could be interpreted that I was trying to establish a life in the US and that one day I simply wouldn’t return to Canada. Now, having PR I’m told it could be taken as marriage fraud. This is the reason I started to get a bit pee’d of during my discussion with the guy, it feels like you can’t win with these guys.
There are rules and regulations and yes, the guys at the border have the to interrogate you at the POE and have a right to make a decision based on what they see, hear, and past history.

You were not abused. You were allowed to enter the US with your US GC. They do have the right to make a decision that they feel you have abandoned your PR status and see that you are brought before an immigration judge who will make the final decision.

Sorry, but that's the way I see it and the way that previous incarnated attornies have stated things are.
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Old Mar 16th 2010, 2:06 am
  #36  
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Default Re: Conditional Green Card and working abroad - My rights?

My paycheck is a direct deposit into my Canadian bank account and yes I do have a Canadian debit card and a Canadian cell phone. I also have a US debit card, US credit card and a US cell phone....

I wasn't saying that the CBP was wrong to interrogate me, the whole intention of starting this post was to learn from others experiences and try and get to the facts so that I am better prepared next time I travel home to the US. My professional reputation is important to me so simply not returning to work in Canada wasn't an option for me, although after the encounter with the CBP officer it did seem like the safest option!

I am grateful to everyone who has taken the time to reply........I'll let you know if I survive my return trip!!
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Old Mar 16th 2010, 2:12 am
  #37  
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Default Re: Conditional Green Card and working abroad - My rights?

Originally Posted by Rete
There are rules and regulations and yes, the guys at the border have the to interrogate you at the POE and have a right to make a decision based on what they see, hear, and past history.

You were not abused. You were allowed to enter the US with your US GC. They do have the right to make a decision that they feel you have abandoned your PR status and see that you are brought before an immigration judge who will make the final decision.
Personally, I think the "rules and regulations" are important. I agree that they can make a decision "based on what they see, hear, and past history." I think it is abusive to go on "what they see, hear, and past history" but ignore the "rules and regulations."

I guess we will just have to disagree on this.
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