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-   -   Canadian citizen with Us green card (https://www.askmehelpdesk.com/showthread.php?t=297987)

  • Jan 1, 2009, 10:37 PM
    cutiepants
    Canadian citizen with Us green card
    I have my US Green Card which stipulates I must live in the Us.
    Recently I had to move back to Canada due to family emergency.

    Issue:
    I recently crossed the border ( not showing my green card) and I got questioned. Eventually I told them I have a green card, they made me show it, they swiped my passport and warned me that I am not allowed to live in Canada and that I will need to fill out a re entry form.
    I have to live in Canada until my family issue is resolved. I flew over to the US to visit other family for the holidays. I have to return to canada.
    Question: 1. will canada customs be able to tell that I have a green card
    2. what can customs see by swiping my pass port
    3. what does one recommend I do in this situation? I do not want to lose my green card.

    Thanks kindly
  • Jan 2, 2009, 04:22 AM
    tickle

    I don't know why you are having this difficulty re-entering Canada. I had a green card for a number of years, had my baby in the US, re-entered Canada a number of times visiting, staying a month or two and was never questioned. I think there is more to this issue then you are telling us.

    What do you mean 'swiping' your passport. They ask for it and check it and pass it back to you. It is their right to do this.

    Check with the US consulate and ask them why this is happening.
  • Jan 2, 2009, 06:34 AM
    cutiepants
    Just to clarify,
    I was living in canada ( which you are not allowed to do with a green card)
    I went over to the US and denied showing my green card.
    The immigration officer just asked me, have you ever had a green card before, and I said yes, that's what started it all. She told me that I always have to show it when I cross the border and asked me what I was doing in canada, I said visiting family and she told me I was living there. I insisted I did not live there ( although I am temporarily due to a family emergency). Then I got sent to another immigration room where the officer just warned me I could have my green card taken away for not living in the US. He said it was not illegal to live in canada, but that I had to fill out a re entry form if I was going to leave the us for an extended period.
    So I was wondering, now, when I go back to canada- can canada customs see the issue I had coming into the US. When they scan my passport- what does that show them. They scan it into a computer. They also stamped it and it says ARC.
    Any thoughts.
    Thanks
  • Jan 2, 2009, 07:16 AM
    Tr1er
    HI.
    With green card you can go anywhere outside of USA but for no more than 10-11 months per year in order to keep it. If you are planning to leave USA for more than 1 year up to 2 years you need to fill out re-entry form.
    I think the fact they send you to another room is not a problem they just need to make sure that you are living in USA and using your card so there is not a problem for you on the Canadian border.
  • Jan 2, 2009, 08:56 AM
    tickle

    Here is a website about green card regulations. I never had any issues when I had one and came across to Canada quite often without showing it. If they asked me going back in, I would tell them I had a green card. No problem. My son was born in the US and was often with me as a baby and toddler. If that was going to put up red flags to them, it didn't.

    En.allexperts.com/q/Immigration-Issues-344/green-card-regulations

    Sorry, not a good link, you will have to cut and paste it to view. But I suggest you read it.
  • Jan 2, 2009, 12:14 PM
    JudyKayTee
    Quote:
    Originally Posted by cutiepants View Post
    I have my US Green Card which stipulates I must live in the Us.
    Recently I had to move back to Canada due to family emergency.

    Issue:
    I recently crossed the border ( not showing my green card) and I got questioned. Eventually I told them I have a green card, they made me show it, they swiped my passport and warned me that I am not allowed to live in Canada and that I will need to fill out a re entry form.
    I have to live in Canada until my family issue is resolved. I flew over to the US to visit other family for the holidays. I have to return to canada.
    Question: 1. will canada customs be able to tell that I have a green card
    2. what can customs see by swiping my pass port
    3. what does one recommend I do in this situation? I do not want to lose my green card.

    Thanks kindly


    If your green card stipulates you must live in the US and you are, in fact, living in Canada you have to straighten that out or lose your green card. You can explain all you want but at some point you have to get it straightened out legally.

    It's what comes up on the computer that matters when you cross the border. The passport is immaterial.

    I would recommend an Immigration Attorney.
  • Jan 2, 2009, 01:00 PM
    lawanwadee
    Quote:
    Originally Posted by cutiepants View Post
    I have my US Green Card which stipulates I must live in the Us.
    Recently I had to move back to Canada due to family emergency.

    Issue:
    I recently crossed the border ( not showing my green card) and I got questioned. Eventually I told them I have a green card, they made me show it, they swiped my passport and warned me that I am not allowed to live in Canada and that I will need to fill out a re entry form.
    I have to live in Canada until my family issue is resolved. I flew over to the US to visit other family for the holidays. I have to return to canada.
    Question: 1. will canada customs be able to tell that I have a green card
    2. what can customs see by swiping my pass port
    3. what does one recommend I do in this situation? I do not want to lose my green card.

    Thanks kindly
    If you know that you may not be able to return to US in 6 months, you should file a re-entry permit (I-131) and wait until you receive approval before you go. By the rules, I-131 is good for 2 years, so you can maintain your status.

    Though the law says you can leave US not exceed 12 months but in reality, after 6 months, immigration officers will give you hard time with many questions and if your answers are not to their satisfaction, they have the rights to deny your entry, which in case this happens your green card will be revoked.

    The biggest mistake you made is you tried not to disclose that you have a green card. This is a very risky issue... if immigration officers refer to the law that you lie for immigration benefits, you will be barred from entering US for life. At this point, you should return to US, and file I-131 before you leave... and return as soon as your personal chores is completed. By the way, I don't have full details of your case, so it's recommended to consult immigration attorney asap.
  • Mar 7, 2011, 07:00 PM
    navi90
    I have my US green card and I have study permit in Canada. Can I apply for a Canadian Citizen with the basses on my US green card

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