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Unusual US PR situation for a Canadian Citizen

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  • Unusual US PR situation for a Canadian Citizen

    Hi! Great resources on this website. I am a US PR (since 2008) in a tricky situation. I've lived in Canada and am a Canadian citizen since I got my US green card, as I was finishing my Undergraduate studies (done in 2013. After that I pursued my professional designation in Canada as well which is 3 years but I was diagnosed with cancer and I won't be able to move until late 2017. Since I got my Canadian citizenship in May 2015 - I've visited the US that summer and again in December - but did not declare my green card to the officer as I didn't think I'd need to. Should I be declaring my green card whenever I enter the US? Do I stand a high chance of having my US PR reclaimed due to abandonment? Does this typically result in my not being able to travel to the US even with my CDN passport (or being hassled significantly)? Any guidance would be much appreciated

  • #2
    Originally posted by ruff6708 View Post
    Hi! Great resources on this website. I am a US PR (since 2008) in a tricky situation. I've lived in Canada and am a Canadian citizen since I got my US green card, as I was finishing my Undergraduate studies (done in 2013. After that I pursued my professional designation in Canada as well which is 3 years but I was diagnosed with cancer and I won't be able to move until late 2017. Since I got my Canadian citizenship in May 2015 - I've visited the US that summer and again in December - but did not declare my green card to the officer as I didn't think I'd need to. Should I be declaring my green card whenever I enter the US? Do I stand a high chance of having my US PR reclaimed due to abandonment? Does this typically result in my not being able to travel to the US even with my CDN passport (or being hassled significantly)? Any guidance would be much appreciated
    Oh dear! I to am A canadian Citizen and was a PR. I resided in Florida and travelled back to Canada for an extended time and picked up a vehicle in Ontario. I drove from Toronto to Detroit where I underwent Legal Inspection. CBP treats Canadians a lot different than most foreign nationals but in this instance I got a real Je_k for an inspector. I had my green card inside my passport wallet and the inspector took my wallet and removed my green card and said I surrendered it! I asked why and he said I voluntarily surrendered it which was a total fabrication. Needles to say I was very worried he would not let me in the country. So be careful if you have stayed out of the country for more than a year as CBP will take your green card away from you saying you abandoned your residency.

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    • #3
      Hi,

      My understanding is that a GC holder can't stay outside the U.S. for one year or more. If you do so, you automatically relinquish your residency in the U.S. and have to apply again to regain your previous Permanent Resident if you didn't apply for a reentry permit parole before leaving. See links below for rules on permanent residency.

      I know of many GC holders that go through secondary inspection once they come back to the U.S. when they spend more than 6 months overseas so I guess that you are lucky to be inspected and cleared immigration even though you were more than one year outside the country. Honestly, the officer did cut you quite some slack despite being harsh on you.

      Welcome back and don't stay away for too long

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