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  1. #1
    Join Date
    Apr 2008
    Posts
    3

    Default Permanent Resident Living Abroad

    My wife (English) and I (US citizen) have been living in Canada for the past 3 years. Before that we lived in the US where we were married 20 years ago. My wife holds a green card (and for the time being a re-entry permit that we applied for during a visit to the US, which will soon expire). It is our plan to return when my contract here ends after 5 years, but aside from some bank accounts and retirement funds we do not own property in the US.

    When we return to the US from time to time to visit my family I am afraid that the border official will determine that my wife has abandoned residency in the US. At least one official has threatened to do so, but backed down.

    My question is whether it is better to turn in the Green Card now or to take the chance of it being confiscated when we drive over the border. We know we plan to return in the end so keeping the Green Card would be very useful. If she is determined to have abandoned residency what can happen? Will the Green Card be confiscated and she'll be turned back at the border? Is there the possibility she'll be detained or deported (with exclusion as a result)? What impact could this have on her getting a green card in the future?

    It seems moronic (and expensive) that the best way to be able to return to the US safely after 5 years abroad is to officially abandon resident alien status and have to go through the process again. Is this right? Is there no better way?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Permanent Resident Living Abroad

    If she is deemed to have abandoned permanent residency, she will be treated just like any other English national who is not a permanent resident (with the same travel history).

    If a Green Card holder is not planning to abide by U.S. residency requirements, the Green Card holder should seek advance parole before violating those requirements.

  3. #3
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Permanent Resident Living Abroad

    Thanks Mr. K

    My understanding of advanced parole was that you have to prove extraordinary circumstances outside your control. Would my decision to hold a job overseas count as circumstances outside my wife's control?

    Also would we be free to come and go repeatedly between the US and Canada during the intervening period? I assumed that advanced parole was a single-use visa. And what would happen if we had to extend it by a year?

    Would the I-704 be a foolish option?

    Sorry for all the questions, but this seems to be a gray area in the law where judgements and penalties are entirely at the discretion of the border agent you happen to meet.

    Thanks.

  4. #4
    Join Date
    Apr 2008
    Posts
    3

    Default Re: Permanent Resident Living Abroad

    By the way, on a recent border crossing she was threatened with deportation by an agent. This hardly seems like the way "any other English national" should be treated! I can assure you her only "sin" was to hold a green card and live in Canada.

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