On a trip to the U.S. via Port Huron/Sarnia, I (the fool) presented my Canadian Perminent Resident Card and my U.S. GC to the US authority at the crossing gate.. The Customs or Immigration official at the gate asked me if I were a resident of the U.S or Canada. I said Canada. He said I couldn't have both and conficated the GC and allowed me t proceed to the STAtES. My spouse is a U.S. citizen and lives in the US. I lived in the U.S. with him before moving to Canada. I have no criminal record and am a citizen of Germany.
Was the US offical correct in confiscating my GC. If not what recourse do I have?
Thank You
GC confiscated by US Border authority.
Moderator: Mark T Serbinski CA CPA
Re: GC confiscated by US Border authority.
Dagi wrote:On a trip to the U.S. via Port Huron/Sarnia, I (the fool) presented my Canadian Perminent Resident Card and my U.S. GC to the US authority at the crossing gate.. The Customs or Immigration official at the gate asked me if I were a resident of the U.S or Canada. I said Canada. He said I couldn't have both and conficated the GC and allowed me t proceed to the STAtES. My spouse is a U.S. citizen and lives in the US. I lived in the U.S. with him before moving to Canada. I have no criminal record and am a citizen of Germany.
Was the US offical correct in confiscating my GC. If not what recourse do I have?
Thank You
I found this on http://www.massbar.org/lawhelp/legal_in ... php?sw=213
"Your green card also may be revoked if the Immigration and Naturalization Service no longer considers you a permanent resident of the U.S. In deciding whether you are a permanent resident, the INS considers what you say, what you do and other indications of your connection to the U.S."
I guess when you said that you're a resident of Canada he concluded that you're not a resident of the US anymore and took the GC away.
Some more information from that site
"Considerations when you travel outside the U.S.
The INS may consider why you have traveled outside the U.S. If you leave the U.S. you may have to prove to the INS when you return that you did not abandon your permanent residence. If you spend a significant amount of time abroad (generally, six months or more) it is likely that an INS officer will question you to determine your true permanent residence when you re-enter the U.S. If an INS officer doubts whether the U.S. is still your permanent residence, he or she may take away your green card when your re-enter the U.S. If an INS officer takes your green card, you have the right to a hearing before an immigration judge."
"Considerations when you travel outside the U.S.
The INS may consider why you have traveled outside the U.S. If you leave the U.S. you may have to prove to the INS when you return that you did not abandon your permanent residence. If you spend a significant amount of time abroad (generally, six months or more) it is likely that an INS officer will question you to determine your true permanent residence when you re-enter the U.S. If an INS officer doubts whether the U.S. is still your permanent residence, he or she may take away your green card when your re-enter the U.S. If an INS officer takes your green card, you have the right to a hearing before an immigration judge."