Immigration Law Questions? Ask an Immigration Lawyer.
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Our last entry into the US was in April and we did use the greencard to enter. She also used the greencard to enter one other time last year (I believe it was in June). We plan to move back permanently to the US in either August or December, pending negotiations with the firm; however, we plan on going to the US in July for a family vacation and then return to Canada to finish packing up our belongings. We will permanently be in the US in either August or December (we should find out this week whether it's August or December).
Thank-you for the response. Just to clarify (I just talked to my wife and I was incorrect on some facts) she has never been outside the US for longer than 180 days. We specifically made sure we traveled back to the US at least every six months. When we travel, she would provide her Canadian passport to US Customs (except on a few occasions where we were asked to show the greencard) and then on other occasions the agent would only ask if she had it with her. She actually has always had the greencard with her when she has traveled to the US except on one occasion.
Once I have all the particulars worked out with this job and I finally have signed the offer letter (which will be before our next trip to the US in July) would it be correct to tell the customs officer at the border that our residency is in California, since I accepted the offer and we are officially moving to California? Or could we say we reside in Utah since we own a home in Utah? We start getting all this grief from the border when we say we currently reside in Canada and that is when they try to take the greencard from her.
You mentioned that we shouldn't have an issue entering; however, in our past crossings, we seem to always have some sort of an issue entering into the US due to her having this greencard. The last time we entered the US in April, the scanned her greencard and we were told that the next time we entered we would have to be bringing our belongings with us, otherwise she would have to relinquish the card.
What do we need to do or say at the border or should she be filing any forms to ensure she does not have any problems crossing into the US in July and then again when we move?
Thank you so much for the clarification and additional information. You have been amazingly responsive.
Would it work to apply for the returning Resident (SB-1) immigrant visa? The only reason why she has been living outside of the US for as long as she has is because of me and my job. This looks like it would be an easier process to have her permanent resident status reinstated than to reapply for a permanent resident card. I thought if we started the permanent resident application process again it could take up to 6 to 8 months to obtain (may be longer) and if we have to cross in July or permanently move to the US in August, this wouldn't be feasible. The SB-1 would only take up to 3 months.
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