GC to US Citizenship

cybermamaca · Post by **cybermamaca** » Mon Feb 02, 2009 1:52 pm

We are filing our US citizenship applications in Jan 2010. I have a job offer to work in Vancouver, Canada. My family plan to move to the border and live on US side. I will commute to Vancouver during the week, perhaps, rent an apartment there for during the week and come back to US on weekend. My child has to come with me and will attend a BC school. My husband will work in US until he receive his US citizenship. We own a home in California and will rent it out. Am I breaking the tie if I take this Vancouver job? Can I still apply next year for my US citizenship?

nelsona · Post by **nelsona** » Mon Feb 02, 2009 2:48 pm

In terms of counting time for citizenship it should be no problem.

However, there always risk whe ncrossing the border that the US offocers will question "Where do you live?" Answering canada, or demonstrating conclusive evidence that you live in Canada can get your GC pulled right there. To mitigate this it is crcila that you make NO attempt to become a BC resident (no driver's license, no BC plates, no BC medical or insurance). None of the things that would indicate that you live in BC.

The other problem that you will face is that they will begin to know your pattern, and driving to WA every friday (with a child no less) will be a giveaway that you are spending the week in Canada and only 'visiting' US on weekends.

Woukd ths be enough to want to dig deeper? I do not know.

marvinsilva · Post by **marvinsilva** » Mon Feb 02, 2009 4:25 pm

I have a similar situation. I have a green card and one more year to apply for citizenship. I have a job offer in Edmonton, but my wife and kids will stay in US to keep my main residence in the US. I will be flying every 3 to 4 weeks. I heard that if I say that this is a temporary position I will not have any problem keeping the green card and then apply for citizenship.

nelsona · Post by **nelsona** » Mon Feb 02, 2009 5:20 pm

Ironically, the fact that you wil cross the border less often than the original poster, you stand a better chance of not getting 'caught' than she does, even though you will be spending more time outside US.

marvinsilva · Post by **marvinsilva** » Mon Feb 02, 2009 5:47 pm

I understand that in the five year period you need to have 2.5 years of physical presence in the US and maintain US as your principal residence (5 years). So, I understand that I if do not stay longer than 6 months out of the US, I will be fine. Nelsona, is it that your understanding?

nelsona · Post by **nelsona** » Mon Feb 02, 2009 5:57 pm

You also need to maintain 'continuous' presence in your county in the months leading up to citizenship. You might have problem there.

There are plenty of better sites that deal with these issues.

cybermamaca · Post by **cybermamaca** » Mon Feb 02, 2009 7:56 pm

Looks like crossing the border every weekend will have concerns. I think if I cross to US 1 or 2 weekends a month, and my husband will take turn to cross to Canada to see us. And, I have vacation leave from my work, so sometime will spend longer time, not just a weekend in US. So, this way will be safer?

Another thing, I went to Vancouver last week for this job interview. I always travel with my family, but this time I went alone. When I came back to US, passed US custom in Vancouver international airport, I needed to do finger prints and take photo before they let me go through which I have never experienced that before. And, after that, the security searches my bags and gave me hard time as well. Since I got my Green Card past three years, I traveled to Asia and Canada many time but always with my family, never been asked to do that. I found it strange. So, I am kind of worry if I drove with my child alone crossing the US border all the time, I don't know what will they do to me?

nelsona · Post by **nelsona** » Tue Feb 03, 2009 8:53 am

The problem by staying longer in canada, you are becoming a Cdn resident for tax purposes, which may be costly (or may not, you would need to assess). just you not your spouse. It may noit be so bad.

Ands the more time you spend in canada, the more chance you will be told by local police to get BC plates and DL. (They drive around at night during week looking for WA plates and questioning the owners why they have WA plates if they are not just visiting friends and relatives). BC plates wouldn't sit well at the POE when crossing.

As to Fingerprinting, thius began Jan 18th, and all GC holders are now subject to fingerprinting. A cdn visiting US is not, but a Cdn with a GC is.

Go figure -- its causing quite a stir in the GC community.

marvinsilva · Post by **marvinsilva** » Wed Feb 04, 2009 10:10 am

I talked to the immigration lawyer who did my GC. He said that my main residence will be US because my family will still live here. I already have the 30 months of physical presence and I will meet the continuous presence because I will not be abroad longer than six months (I will be coming once a month or more often to visit my family). Lawyer says that every time I come to the US the clock start ticking for the next six months. Because of lack of work in the US, it is reasonable that GC will look for temporary jobs elsewhere with no intentions to abandon the US.

nelsona · Post by **nelsona** » Wed Feb 04, 2009 10:43 pm

Yup. As I said, the issue become Cdn taxation.

And, despite your family living in US (your child will be living in canada, no?) that doe not stop CBP from scrutinizing every entry -- with the goal of pulling your GC.

cybermamaca · Post by **cybermamaca** » Sat Feb 07, 2009 5:27 pm

I am so glad to find this site, all the feedback really helps me to make decision. Look like there are a lot to think about. I came to US with my husband and stay home for few years now. Ready to go back to work last year, I have sent hundreds of resumes, no answers. I started looking for jobs in Vancouver in the new year, within one week, I have 10 jobs for me to choose from. But, after reading all your posts, there are a lot of risks involved if I wanted to take this job and crossing borders often with my child. I don't think it is worth it especially on top of family separation involved. I guess I will stay put in US and go back to Canada when I receive my US citizenship.

worryfreeinvestor · Post by **worryfreeinvestor** » Mon Mar 16, 2009 1:24 pm

I get the drift from the thread that the questioners are Canadian citizens returning to work in Vancouver or Edmonton. If so, would this [u][i]increase[/i][/u] or [u][i]decrease[/i][/u] the risk of US CBP questioning them upon return to U.S, compared to if they were (e.g.) Indian citizens with U.S. LPR and working in Canada "temporarilly"?

nelsona · Post by **nelsona** » Tue Mar 17, 2009 8:26 am

The temporary nature of the Indian's entry would likely make them less suspect to having given up US residency, but the officer would still question, and the 'temp' would best have applied for a re-entry permit before leaving.

If however the Indian had subsequently applied for Cdn PR status, the officer would almost surely want to 'force' the person to make a decision -- even though I must stress that it is 'possible' to keep both Cdn ands US LPR statuses viable for quite a long period.

For US GC maintenance the key is CONTINUOUS US residentila ties (or, absent this a 2-year re-entry permit). For Canada, ther requirement is not continuous, but maximum rolling 1095 nights outside canada in any 5 year period.