Subject: Moving back to Canada
Expert: taxman at centa.com
Date: Monday February 28, 2005
Time: 10:40 AM -0800
QUESTION:
Hi David: I am a Cdn. citizen (US resident alien) married to an American (
no children). My husband and I are in our 50's. We want to move to Nova
Scotia and take care of my elderly mother.We plan to stay in Canada
indefinitely. Our income in the US is under $50,000 and we don't have any
job prospects in Canada at the moment. My mother and I have joint accounts
in Canada in excess of $300,000.My husband and I have assets in the US of
about $200,000. We plan to sell our house here and buy a house when we move
to Canada.We have begun filling out the necessary immigration forms (I will
sponsor my husband). On the sponsor questionnaire I cannot provide proof of
intention to re-establish in Canada as I have no job, property etc. for the
time being.
We both have college educations and work histories. We scored well on the
self evaluation questionnaire.How do you suggest we answer the question?
A response would be greatly appreciated.
Thank You
Pxxxxxx
===========================
david ingram says:
You just have to apply to bring him in as a returning resident but think
carefully BEFORE you do. The self evaluation has no bearing if you are
going to sponsor him. As far as proving that you intend to return with him,
that tis pretty self-evident. In fact, On February 18th, our Immigration
minister made it very much easier for you to sponsor your husband from
within Canada if you just happened to be here visiting mom.
HOWEVER!!!!!
I recommend that you either apply to extend your green card BEFORE you come
back to Canada or apply for your US citizenship first. If mom really needs
you now, come up as visitors.
Otherwise, when mom does kick the bucket, you may find it very difficult if
not impossible to move back to the US if that was your desire.
The longest permission I have seen to live outside the US while keeping your
resident alien status was eight years and that was unusual. I "really"
recommend your getting your US citizenship before coming back.
The answer to the Green card question and a link to form I-131 can be found
in the following answer to another question.
OLD QUESTION FOLLOWS:
QUESTION:
Hello,
My wife and I are Canadian citizens living in the US and we received our
green cards two years ago. I have a few immigration questions that I hope
you can help me with. My apologies if you have already answered in previous
postings.
We are considering relocating to Canada to have the children go to French
immersion schools. I found two good job openings: 1) work in Detroit and
live in Windsor; 2) work and live in Toronto.
1) If we relocate to Windsor and I work in the US, I understand that I must
change my green card status to alien commuter. Would it then be difficult
to change back to "regular" green card if we choose to reside and work in a
US city? Does an alien commuter card stay valid for the same length of time
as a green card (i.e. renew every 10 years)?
2) If we live in Toronto, is there any way to prevent losing the green card
(i.e. I heard that you can keep the green card if you visit the US for a
brief period of time every 12 months).
Thanks in advance for your response.
===============================================
david ingram replies:
I think you are barking up the wrong tree. With all due respect , learning
Spanish and keeping your green card and getting your US citizenship for your
children is a far greater "job-opener" than coming back to Canada to attend
a French Immersion school. The US citizenship opens up ten to twenty times
more jobs than French Immersion will and Spanish is at least ten times more
important in North and South America than French is
However,
1. The commuter green card should last as long as your regular green card
but does not count your time in Canada as credit for US citizenship. You
should be able to change back in the future but these rules change and I
would not count on it.
2. Visiting the US every twelve months does NOT keep your green card
alive.
To keep it alive you must continue to file your US returns to report the
Canadian Income but this may not be enough if a US Homeland Security officer
decides to take your card away at the border some day.
To live in Canada (the longest I have known was eight years) and keep your
card valid, you must file form I-131 every year for a re-entry permit. The
first application MUST be filed BEFORE you leave the US. The fee is $165
currently.
I quote from the Homeland Security website.
A Permanent Resident of the United States can travel freely outside of the
US. A passport from the country of citizenship is normally all that is
needed. To renter the US a Permanent Resident normally needs to present the
green card (Permanent Resident Card, Form I-551) for readmission. A re-entry
permit is needed for re-entry for trips greater than one year but less than
two years in duration.
You can find more information about travel documents from "How Do I Get a
Travel Document?"
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status
if you commit an act that makes you removable from the United States under
the law in section 237 of the Immigration and Nationality Act. If you commit
such an act, you may be brought before the immigration courts to determine
your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a re-entry
permit or returning resident visa. However in determining whether your
status has been abandoned any length of absence from the US may be
considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a
re-entry permit without obtaining a returning resident visa. However in
determining whether your status has been abandoned any length of absence
from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any
period.
Declare yourself a “non-immigrant” on your tax returns.
Naturalization
Many Permanent Residents of the United States have the ultimate goal of
becoming a US citizen. Naturalization is the primary method for most persons
not born as US citizens to obtain that status. Under current law
naturalization is done by the federal and state courts and in an
administrative proceedings. Once a permanent resident completes the
necessary residence and physical presence requirements (which vary in
certain cases), an application for naturalization can be filed with
Immigration. This starts a review of the person’s basic eligibility,
criminal and security histories, and then leads to testing of the person’s
English language abilities, knowledge of the history and form of government
of the US, and good moral character. Complete information on naturalization
can be obtained on our Naturalization page.
As a naturalized US citizen you have the same rights and privileges as a
native born US citizen with one exception. Only a native born US citizen can
be president of the United States. As a US citizen you can petition for your
parents and siblings to immigrate to the US. Your spouse and children
(unmarried and under 21 years of age) qualify for immediate relative
classification for immigration purposes, which means they do not have a
waiting list to immigrate (like the spouse and children of a Permanent
Resident) and can do so as fast as the paperwork can be processed.
You can find the details for the re-entry permit Form I-131 at:
http://uscis.gov/graphics/formsfee/forms/i-131.htm
However, I think you are barking up the wrong tree. With all due respect ,
learning Spanish and keeping your green card and getting your US citizenship
for your children is a far greater "job-opener" than coming back to Canada
to attend a French Immersion school. The US citizenship opens up ten to
twenty times more jobs than French Immersion will and Spanish is at least
ten times more important in North and South America than French is.
Just a thought, but I am going to reproduce this paragraph at the start to
make sure you read it.
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