ndx

Hello folks,

i am planning on landing into Canada and return after 1 day. I have a green card in US. I would like to know what can happen at US border, can they question my green card as abandoned? i have a job, family, house, student ,etc. so i did not abandoned my status here by any means. This Canadian PR is for future business opportunties in Canada where is is easier to do then with a visa.

Thanks.

discoviking

Danger, Will Robinson! You are playing with fire on this one. What did your immigration attorney advise you?

meauxna

Maybe.

You can only serve one master at a time. Until you become a citizen.

S Folinsky

Historical fact: An immigration attorney once had a case just like that, albeit some years ago. He lost.
No advice given nor intended.

crg

Erm... your place of general abode can only be in once place. If that place is the US then you are usually ok with US authorities. Canada has their own requirements. You may want to seek information about pimping the Canadian system in a Canadian forum.

If at some time in the future you decide to start pimping the US system, we'll be here to discuss the matter.

dreamercon

Canada has a very transparent rule for one to be able to maintain Canadian permanent residency - you just need to spend two years in Canada in any five year period. And you can lose your status even before you violate this rule, if it is deemed that its impossible for you to fulfill it - eg if you stay outside Canada for over three years.

Unlike the US which has no clear and transparent rule..

ndx

Yes, my place of residence is US, i'm planning on landing and returning the same day. I have my job, house, wife, kids , etc here in US and not in Canada. So what exactly can happen, and how do they proceed if they decide to take my green card away, are they gonna let me come in and take the case to an immigration judge? or i'm just too paranoic.....?
thanks.

S Folinsky

Comment -- returning permanent residents are entitled to a hearing before an Immigration Judge. The Supreme Court and the Board of Immigration Appeals have said so.

No advice given nor intended.

md95065

Well, I would say that only staying in Canada for one day doesn't sound like abandoning your US residence to me - anyway how is the US even going to know - you aren't going to tell them unless they ask are you?

They will probably just ask how long you were out of the US - you will say "1 day" and that will be it ...

(... or not - in which case I hope you have a good US immigration attorney one your speed dial ...)

ndx

well, when i drove from canada before, i was always asked what was the purpose of my trip there, so i can only tell the truth, visit friends and also landing....

discoviking

Don't know much about Canadian immigration, but won't he get some kind of stamp in his passport when he 'lands' in Canada? That could possibly come back to bite him at some point. For example, when I went for my citizenship interview, the IO examined all my passports (current and expired ones) used since I initially arrived in the US 20 something years ago.

I do not in any way claim to be an expert on abandonment issues, but I do know that it is a murky subsegment of immigration law. FWIW, it isn't necessarily just the length of time outside the US that determines if US residency has been abandoned, from what I understand any action taken while abroad may come into play, too.

It is of course up to OP to decide how high his risk tolerance is and what action to ultimately take on this, but as the saying goes, his mileage may vary.

Marocco

I believe S. Folinsky mentioned a similar court case, as an example of how someone lost his green card after a trip abroad of one day (by landing). If you really have a job, family, etc, in the US, I suggest you consult an immigration attorney well versed in abandonment cases before putting this plan into action.

DeanUK2US

So you have established a life in the US. Why risk that for business opportunities in a country where you do not have a settled life, and are there really no business opportunities in the US?

I'm not criticizing, just trying to put the issues in perspective vs. risk.

Rete

Yes, Canada has what I call a very relaxed stand on residency. As others have said you must reside there 2 out of the first 5 years. Will the USCIS find out you have taken Canadian residency? I'm not sure but would direct you to the Canadian immigration forums for an answer on what, if anything, is placed in your passport.

If that stamp is seen by the agent at the POE, they might have an issue with it. Only experience will tell.

dreamercon

Permanent residents entering the US from Canada by land are never asked to show a passport. (Even by air - LPRs need not present a passport) The OP can renew his passport after entering the US, concealing the fact that he obtained Canadian residency, and avoid traveling to Canada again until he gets naturalized. The OP need not lie, but I doubt anyone will inquire absent any indications about Canadian residency.