Returned to Canada with Brazilian wife & Lost US

Hello David,

Canadian born, migrated to the states as a child, lived with permanent residence status from 1972 to 2007. Never obtained US citizenship. In 2003 went to Brazil married a Brazilian, and for the speed of her sponsorship, we processed through Canada because of my Canadian status. In 2006 and because of this process I came back to Canada, where we began to live until today. In 2007 when we finally received my wife’s documents for permanent Canadian residence we had to go to the nearest border, leave Canadian soil & enter again. When exiting & entering I was also was questioned at the US border & prompted to surrender my green card because of "abandoned US status".

Questions:

1. The immigration officer @ the US border said thres's a possibility because of the quantity of years as a permanent resident in the US that I may already be a US Citizen because of some law, but they were not sure. Is this true, is there a loop hole ?

2. Now, presently based in Canada I have registered & am developing a virtual store selling electronic products & software. I want to include the states in my market coverage for distribution, using stateside wholesalers & distributors. Considring the above immigration info, do you know how I am to legally set my self up as living here & doing business there?

Kind Regards

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david ingram replies:

Yiou could ahve filed form I-131 on an annual basis and kept your green card with no problems.  Of course, you should also have filed your US returns while away.

I am not a lawyer and You should consult with the best US immigration person you can find if you wish to get your green card back.  You can appeal the situation.

Number one part of that process is to make sure that you have filed your US returns for 2003, 2004 2005 and 2006 as soon as posible if you failed to do so. I can help with that if need be.

You can appeal the removal of your green card.

I do not know where you live but you can not go wrong by consulting with Joe grasmicjh at www.grasmick.com.

He has a sophisticated phone consultation service where you pay in advance through Amazon.comn.

For the web site you envisage, you are far better off with a US green card and should pursue its recapture.

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On November 10, 2007, David Ingram wrote:

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This is not intended to be definitive but in general I am quoting $900 to $2,900 for a dual country tax return.
$900 would be one T4 slip one W2 slip one or two interest slips and you lived in one country only (but were filing both countries) - no self employment or rentals or capital gains - you did not move into or out of the country in this year.
 
$1,100 would be the same with one rental
 
$1,300 would be the same with one business no rental
 
$1,300 would be the minimum with a move in or out of the country. These are complicated because of the back and forth foreign tax credits. - The IRS says a foreign tax credit takes 1 hour and 53 minutes.
 
$1,600 would be the minimum with a rental or two in the country you do not live in or a rental and a business and foreign tax credits  no move in or out

$1,700 would be for two people with income from two countries

$2,900 would be all of the above and you moved in and out of the country.
 
This is just a guideline for US / Canadian returns
 
We will still prepare Canadian only (lives in Canada, no US connection period) with two or three slips and no capital gains, etc. for $200.00 up.
 
With a Rental for $400, two or three rentals for $550 to $700 (i.e. $150 per rental) First year Rental - plus $250.
 
A Business for $400 - Rental and business likely $550 to $700
 
And an American only (lives in the US with no Canadian income or filing period) with about the same things in the same range with a little bit more if there is a state return.
 
Moving in or out of the country or part year earnings in the US will ALWAYS be $900 and up.
 
TDF 90-22.1 forms are $50 for the first and $25.00 each after that when part of a tax return.
 
8891 forms are generally $50.00 to $100.00 each.
 
18 RRSPs would be $900.00 - (maybe amalgamate a couple)
 
Capital gains *sales)  are likely $50.00 for the first and $20.00 each after that.

Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be $150 to $500.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc.

Just a guideline not etched in stone. 
 
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