Posted on: 23-01-09 11:43:33
Hi,
I am a Canadian citizen, with a great job, living in Mississauga.
Around 7 years back, my mom sponsored me for a US green card. INS has just informed me that my green card has been approved. Although it may be a few months before I actually get my green card, this has put me on a dilemma, as I have a house to sell, a job to seek before I can move permanently.
Pardon me if it sounds naive, but is it possible to go back and forth, to keep my green card status....
Also I know that there is a gray area because the INS website says that anyone who has a green card and has been away for a year can be construed as having abandoned it but the immigration officer can claim constructive abandonment, even if the period is less than a year.
Any inputs from my fellow Desi's in similar circumstances? BTW, I intend to move permanently once my house is sold........ what i propose above is just a stop gap arrangement. I would like do anything within the ambit of law.
Many thanks in advance for your valuable inputs.
Quote:
Originally posted by ILOVENA
Hi,
I am a Canadian citizen, with a great job, living in Mississauga.
Around 7 years back, my mom sponsored me for a US green card. INS has just informed me that my green card has been approved. Although it may be a few months before I actually get my green card, this has put me on a dilemma, as I have a house to sell, a job to seek before I can move permanently.
Pardon me if it sounds naive, but is it possible to go back and forth, to keep my green card status....
Also I know that there is a gray area because the INS website says that anyone who has a green card and has been away for a year can be construed as having abandoned it but the immigration officer can claim constructive abandonment, even if the period is less than a year.
Any inputs from my fellow Desi's in similar circumstances? BTW, I intend to move permanently once my house is sold........ what i propose above is just a stop gap arrangement. I would like do anything within the ambit of law.
Many thanks in advance for your valuable inputs.
It's possible to keep GC status in USA by living in Canada and
commuting to work in US on an "Alien commuter Greencard".
"Alien commuter Greencard" is available for US GC holders who satisfy any one of the following conditions
• A Canadian or Mexican citizen or national,
• A Canadian landed immigrant,
• A third country national who has lived in Canada or Mexico, or
• Anyone who will move to Canada or Mexico.
However, the person must commute from Canada or Mexico and not from a third country that is not contiguous to the United States.
One limitation on the alien commuter is that the person does not accrue time toward becoming a naturalized citizen of the United States while an alien commuter.
Refer http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf
Once you receive your Greencard, you need to submit an updated Form I-90 with USCIS and check the box "I have taken up Commuter status." in section 2.h.1 and USCIS will issue you an "Alien commuter Greencard".
http://www.uscis.gov/files/form/i-90.pdf
Also note that you can revert back to regular GC anytime by submitting an updated Form I-90 by choosing the check box in section 2.h.2. "I was a Commuter and am now taking up residence in the U.S."
Hope this helps.
