uncle hammy

Hi everyone,

I have a friend who has been a LPR in the US for 3 years now. However, he has now decided to move back to Canada due to various reasons.

My question is, will he lose his LPR status, and be required to "hand in" his Green Card when he leaves? If he is able to retain his status, is there anything he should do to ensure he doesn't lose it?

I feel I should mention, he is leaving...not being asked to leave

Thanks guys!
Hammy

scrubbedexpat099

There is a form to relinquish it.

If he is not maintaining the US as his permanent residence, then no.

He could do a few things if he was looking to maintain US Residency and was to be out for a while, but that does not sound the situation.

Get Citizenship before you go is the best solution.

uncle hammy

He wants to retain it if he can. He doesn't want to relinquish it, unless he has no other options.

Noorah101

The term "move back" sounds pretty final. It sounds like he does *not* want to maintain his USA residency. Is he planning to maintain a residence in the USA? Will he continue to pay US taxes? Where will his permanent mailing address be? When one wants to keep PR status, one should live in the USA, and go visit other countries, not move to them.

Rene

scrubbedexpat099

Get Citizenship if he can before he leaves, everything else is a lottery.

Exactly how much of a lottery depends on precise circumstances.

Hypertweeky

This is a very complicated issue, I would suggest your friend to seek the assistance of a lawyer.
Good Luck!

Rete

One of the things he has to do if he wants to retain his residency is continue to file US taxes. So why not just become a US Citizen before leaving and he won't have to worry.

uncle hammy

I don't think he has the time in yet to naturalize. He will be maintaining a US address, and filing US taxes.

Folinskyinla

Hi:

Your question is confusing. What does your friend want to do? I'm not at all sure where he intends to reside -- Canada or the US? Reasonable minds might read your question as saying he want to do both. Please clarify which one it is.

Noorah101

I'm confused. If he maintains a US address, and files US taxes, then how can he be moving back to Canada?

How long does he plan to stay in Canada?

Rene

CaliforniaBride

Have a look here:

http://uscis.gov/graphics/citizenshi...20LPR%20Status

uncle hammy

Thanks, that pretty much answers the question for me .

Everyone else, to clarify, he will be residing in Canada. However, with his business, he will still be conducting some business in the US. He will be maintaining his US bank accounts and a mailing address. He will also be filing US tax returns based on his earnings while conducting business in the US.....but he will definately be RESIDING in Canada.

The question was more if he decided he wanted to return to the US in the future, if he would still be able to maintain his ability to do so.

Folinskyinla

Hi:

Thank you for the clarification. He intends to abandon his green card.

There is nothing in the law that prohibits a former lawful permanent resident from applying for a new grant of lawful permanent residence. He will have to qualify for the new grant of LPR status independent of the prior grant though.

For example, lets say he is married to a AmCit and obtained his LPR via that marriage. He then abandons his LPR as he now proposes to do. Later, he desires to regain LPR -- he can go through the I-130 path via his spouse again.

AlmostThere1

Could this persion if he lived close enough the border obtain "commuter GC" status? I assume one requires cross-border American based employment as a prerequsite for this position.

Based on the recent news, if he can becomes a star figure skater before he leaves he can qualify for citizenship that way.

If he wants to "cleanly" abandon his LPR, should he file a I-407? I found a version on the London Embassy web site: http://www.usembassy.org.uk/dhs/forms/I-407.pdf

rex_pereira

He could try driving across the border every 5 and 1/2 months. He should be okay at least for the first 2 or 3 times. By that time he will be eligible to apply for US citizenship since he has already met the basic criterion of 30 months residence in 5-year period. The main problem is that sooner or later he will receive the 4-hour grilling when he tries to enter the USA because they are able to track all the dates of entry into the USA and they will make detailed inquiries about his business and place of residence. But there is a good chance that he will get his US citizenship before they take his GC.