GC confiscated at US Border

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Dagi
Posts: 8
Joined: Mon Jun 12, 2006 5:14 pm

GC confiscated at US Border

Post by Dagi »

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 was 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 to proceed to the U.S. 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 to get it back?

Thank You
nelsona
Posts: 18352
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

again, not really a subject for this board, but a little closer.

The border officier was, of course, WRONG to suggest that you could not hold BOTH a GC and a Cdn PR card.

However, he was correct in suspecting that by LIVING in canada (your said so) that you were possibly violating the terms of your GC.

You can live outside US with a GC, of cousre, but you need PERMISSION to do so, and you need a Travel permit to re-enter on your GC.

If your spouse lives in US, why did you say you live in Canada? Did you get your GC and then try to get Cdn PR status? These are all questions that were in the officier's mind when he took your GC.

You need to contact a US immig lawyer to straighten this out (you need to get your GC back); you should consider your elf lucky that the officer even let you in the US, as you are not really entitled to 'visit' US when you have a US citizen spouse living in US, as obviously you will be a risjk to overstay your welcome.

Were you issued an I-94, and in what status?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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