DottedEyes

Hi All,

This is a loooong one. I know that often times you ask for more details so I thought I'd give you them all at once. Please skip if you don't have a while to hear a story :-)

I am a USC as are my 2 young daughters. My husband (their father) is a green card holder. We applied for his green card while living in Germany with the intent to mvoe to the US. We flew into the US and he was hired by a US company that moved him (us) to Canada 5 days later. The intention was always to transfer back and to live permanently in the US. We did have temporary Canadian work permits - - valid for 3 years, and never sought PR status.

Fast forward almost three years... the company was taken over not once, not twice, but three times - - always by an American company and always with the intention of transferring him to the US. Finally after realizing that this was not going to happen, he started to look for work in the US at other companies.

Over this time we traveled to the States often, neither of us being Canadian and having no family there. We had mixed experiences at POEs ranging from no issues to serious secondary inspection problems. Understandably. We were always honest about everything and living in Ottawa while being a US PR turned some heads.

We decided to give up his green card and to just turn around and re-appl. Okay, some $$ and time, but save us some hassle. So first we tried to give it up at the US Embassy, and when we explained why were giving it back the Consular official advised us to not give it up and to explain everything to the border people (she said "worst case scenario ... let them take it, don't give it up if you intend to reside in the US.") A second time, during our next crossing, we tried to give it up at the border crossing - - they sent us to secondary and with I-407 in-hand, the officer heard our story and told us not to file the I-407 but to request a re-entry permit. Which we did on that trip. (incidentally, after almost 6 months we just got notice that his re-entry permit was approved and sent -- to the US Embassy in Ottawa, Ontario. ARGH! Now we don't even need it, as we are settled here and will not be leaving for a year or more, or even a few months for that matter.)

Finally my husband was able to get a firm offer and was relocated to the US (yay). When he flew for his interview the CBP officer told him that the next time he entered, if he did not have a re-entry permit his green card would be taken. Okay. We've heard that before. During the final crossing, we were hassled for a good long time - - we had to show proof of the sale of a house in Canada, moving receipts showing that we moved our belongings to the States, etc. He was granted entry and the officer said that he was being allowed to "re-establish residency." The officer said that she would make a note in his file and that she couldn't guarantee he wouldn't be questioned in the future - - but that her notes should help?

Now, 4 months later we are preparing to visit his family for 2 weeks in the EU. I am preparing for a hassle upon return, though hopefully we won't have any. I am compiling a list of supporting documents that include:

1. Copy of our home purchase agreement (we bought a house in December)
2. Proof of medical insurance in the US.
3. His employment contract.
4. A couple of paychecks.
5. A utility bill.

Because of past experiences, and the fact that we are flying into Dulles, I just have this sinking feeling that they will now accuse him of having abandoned his residence in the past and will take his green card.

Anyone have any advice? I have a good immigration attorney - - but she is on vacation. She would just say "Do not let them intimidate you. Never file an I-407. Always insist on seeing a judge." That's what she always said to us.

Thanks in advance!

Bill_S

Find a good lawyer who isn't on vacation.

crg

Travel with the evidence. They will see the prior notes. The decision will likely be to admit him. The secondary inspection is probably not easily avoided.

With your situation and his prior bending of immigration laws, it's too complicated to process him in 30 seconds during a primary interview.

I see someone has already pressed the "OMG Get a Lawyer" panic button. Disregard that nonsense. The lawyer can't represent you at the border inspection and the advice you already received is accurate. Don't sign an I-407 and if they want to send him before the immigration judge, you'll have plenty of time to get the lawyer.

I suspect you will go to secondary, answer a few questions and then be on your way. Be sure to allow time between connecting flights.

DottedEyes

Thanks for the replies. I would be beyond disappointed if, after all of the previous "almosts" they decided to try to take his green card. Particularly when we actually did try to abandon his PR more than once. It is interesting. They threaten to take it, but when you try to give it up voluntarily they won't accept it :-)

Noorah101

To avoid this kind of hassle, maybe you should consider not traveling outside the USA until hubby becomes a USC.

Rene

DottedEyes

Hopefully after this trip there will be no more hassles because we will not be leaving the US for another 12 months. It will take 3 years for him to become a USC. His entire family lives in Europe. We make a trip to visit them once per year.

Hindsight being 20/20, I wish that they would have accepted his I-407 early last year. We would have reapplied for his green card and gotten it by now. But then, he would still have his file and we would still have this hassle.

Oh well, perhaps all the wondering and worrying are for naught. I will know in 2 weeks and 1 day...

Bill_S

Nonsense? Husband has been flirting with abandonment and is seeking advice from a web forum? Seeking a legal opinion about a complex subject seems more sensible to me than asking for free advice on the web.

It's his GC, though, and he can do as he likes.

DottedEyes

Bill, I respect your advice, and the advice of all others who have replied. We know all too well how complex the situation is, unfortunately. Because I am a worrier (obviously) I did contact my attorney's office and spoke with her "back-up." Nothing too surprising.

The consensus is that he has not abandoned permanent residency in the past (citing "intent" and supporting facts - - living in a country without permanent resident status, with a clear termination date, filing US taxes as a resident, maintaining ties in the form of investment accounts, etc.). He has always entered with full inspection and has been forthright and honest and has been granted entry each time. Moreover, their response is that during this particular trip it is clear that he has not abandoned his permanent residence. He will have been outside of the US for 14 days to visit his family with a return ticket. He is returning to an existing purchased home and to a job.

I am a US citizen, born and bred in the US, lived here for 29 years... our children are US citizens. When the time comes, my husband will become a USC as well. And until then we just have to be well prepared when we travel.

I think that I may have offended when I used the word "hassle." I fully understand that CBP has a job to do and I respect this. My husband, on the other hand, thinks that everything will always be okay. He is totally not American yet (I kid... I kid...).

crg

She already got the advice from an immigration attorney. Her attorney is just on vacation and not available for the last-minute hand holding.

jeffreyhy

DE,

What happened to that re-entry permit?

Regards, JEff

DottedEyes

The re-entry permit sits at the desk of a kind woman named Diane at the US Embassy in Ottawa, Ontario. We will go to Canada to get it this summer. She cannot mail it to us - - totally understandable, not allowed to forward Immigration documents.

In my ever-expanding file of supporting documents I have the print-out of the USCIS case status page showing that the I-131 document was mailed on February 6, 2009.

notacrime

DottedEyes

I don't really have anything to add, I agree with the consensus as you summed it up above. I just wanted to offer my support and wish you well with this trip and with the naturalization process, and also to thank you for sharing your story in such detail. Please come back and let us know what happens at the POE after your upcoming trip.

I laughed when I read that CBP told your husband that he'd need a reentry permit next time he came through - I have a reentry permit and the CBP officer sneered when I handed it to him and alluded to it being a waste of time, (he stamped it and said, "might as well stamp it since you paid for it.")

Folinskyinla

Hi:

You've gotten excellent advice. You want to live life without hassle, then that is another thing. Life can be exciting at times.

In any case, the Border Guards have no authority to take away his permanent resident status.

DottedEyes

I will let you all know how it goes. Thanks again!

memiek

Maybe its not possible but how about making a stop in Ottawa on either the eway to Europe or back to the US? At least your husband will have his re-entry permit with him when he enters the US again that way and might have less problems due to that permit.
Just a suggestion of course. I'm sure you already thought of doing something like this when planning the Europe trip