QUESTION: I am a citizen of the European Union and a US green card holder, married to a US citizen. We live in New York, but we are in the process of moving to work in Montreal. I started my employment in Canada (on a temporary work permit) three months ago, and have been commuting once a week between Montreal (weekdays) and New York (weekends). My wife and children are still in New York, and they will join me in Canada in a couple of months. I was under the impression that I should be allowed to work abroad for two years, keeping my green card, and then return to the US. I still rent an apartment in New York, and I have applied for the travel document (but have not yet received it). In addition, I was hoping that spending the weekends with my wife and children in NYC would be another point in my favor – demonstrating that I have strong ties to the US and intend to return there. Alas, the US border officers do not seem to share my opinion. Every time I drive from Montreal to New York (the problem does not seem to occur at the airport), I am asked to step inside the immigration building where I get to be quite thoroughly interviewed by the immigration officers. I have always been eventually allowed to proceed into the US, but on three different occasions I have now been informed that I am misusing my green card, and I should give it up voluntarily before it is taken away from me (which would have serious consequences for future immigration). In fact, I am advised that my green card is very likely to be taken away the next time I try to cross the border into the US. I have so far been given three different reasons (each one on different occasion) for why my situation is problematic: 1) I drive a car registered in Quebec, 2) my work permit is valid for up to 3 years (which raises doubts as to my eventual return to the US), and 3) No reason. I do not want to give up my green card. I understand that I will be required to do so if we decide to stay in Canada for more than two years, but at this point we plan to return before the deadline, and perhaps even earlier if our jobs and life north of the border do not work out. My questions are: what am I doing wrong? What can I do to keep my green card and avoid the problems at the border? Can my green card really be taken away from me as I'm trying to cross the border? ======================================================================== david ingram replies: If you filed your I-131 form and kept a copy of the paperwork with you, you should not have any problem. However, the I-131 is usually only good for one year and has to be renewed annually. If you have filed the !-131 and paid your $165.00, carry a copy with you. A major problem you have is the Quebec registered car. A green card holder resident of the US is not supposed to be able to drive that car in the USA unless it has had US duties paid on it. If this was your US car, keep a copy of its old registration in the car to prove you have the right to drive it in the USA. Make up a BORDER KIT which consists of your lease agreement for your New York apartment, copies of the last three years of your US tax returns and the copy of the I-131 form filed. It should also include details of your wife and children. This is no guarantee. The practical fact is that any officer at the border can take your green card and force you to go to Immigration court to get it back. However, with an I-131 it would be very very unusual. The rule for the I-131 is that it has to have been applied for before you left the country. If you were working under a Canadian permit before you applied for it you could have a problem. The details of the I-131 can be found at: http://uscis.gov/graphics/formsfee/forms/i-131.htm My recommendation is that you book a 1/2 hour with Joe Grasmick, the Dean of US Immigration for a case like yours. He really does know what he is doing and is set up beautifully for phone consultations AND he is in a position to follow up with you as a US immigration lawyer if you need professional help. You pay $285.50 "in advance" for the half hour by logging in at http://s1.amazon.com/exec/varzea/ts/exchange-glance/Y01Y4838730Y0462867/058- 1588051-8019801 You can also look over his website at www.grasmick.com My services are different. I charge $375.00 Canadian for an hour and deal with taxes and immigration but do not act as a lawyer for your immigration. I do help with NAFTA visas in and out of Canada and the US. AND, we specialize in the kind of tax return you will have this year as a resident of both countries so you should be sending us your tax return. Note that the rules for where to file your I-131 can be found at: http://uscis.gov/graphics/formsfee/forms/files/I-131.pdf#search='I131' The addresses for some states changed on April 1st, 2005. And you can find the details for I-131 at http://uscis.gov/graphics/formsfee/forms/i-131.htm The form does work. One of my clients came back to Canada for eight years and renewed his I-131 every year. After eight years he returned to the USA in 1998 and he and his family are now US citizens. His only problem was that when he and his wife went to go back, their two children born in Canada suddenly became a problem because they were no included on the I-131 or his original "green card" being but a gleam in daddy's eyes. Answers to this and other similar questions can be obtained free on Air every Sunday morning. Every Sunday at 9:00 AM on 600AM in Vancouver, I, david ingram am a permanent guest on Fred Snyder of Dundee Wealth Managers' LIVE talk show called "ITS YOUR MONEY" Those outside of the Lower Mainland will be able to listen on the internet at www.600AM.com <http://www.600am.com/> Call (604) 280-0600 to have your question answered. BC listeners can also call 1-866-778-0600. Callers to the show and questioners on this board can also attend the Thursday Night seminars on finance and making your Canadian Mortgage Interest deductible. David Ingram's US/Canada Services US / Canada / Mexico tax, Immigration and working Visa Specialists US / Canada Real Estate Specialists 4466 Prospect Road North Vancouver, BC, CANADA, V7N 3L7 Res (604) 980-3578 Cell (604) 657-8451 (604) 980-0321 New email to davidingram at shaw.ca <mailto:davidingram at shaw.ca> www.centa.com <http://www.centa.com/> www.david-ingram.com <http://www.david-ingram.com/> Disclaimer: This question has been answered without detailed information or consultation and is to be regarded only as general comment. Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com <http://www.centa.com> . If you forward this message, this disclaimer must be included." Be ALERT, the world needs more "lerts" This from "ask an income tax and immigration expert" from www.centa.com <http://www.centa.com/> or www.jurock.com <http://www.jurock.com/> or www.featureweb.com <http://www.featureweb.com/> . David Ingram deals on a daily basis with expatriate tax returns with: multi jurisdictional cross and trans border expatriate problems for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio and Houston Texas Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax and Immigration Wizard Income Tax and Immigration Guru Income Tax and Immigration Consultant Income Tax and Immigration Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer consultant expatriate anti money laundering money seasoning FINTRAC E677 E667 4789 4790 TDF-90 Reporting $10,000 cross border transactions Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Garland, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon. Pennsylvania, Rhode Island, Rockwall, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec City, New Brunswick, Prince Edward Island, Nova Scotia, Newfoundland, Yukon and Northwest and Nunavit Territories, Mount Vernon, Eumenclaw, Coos Bay and Dallas Houston Rockwall Garland Texas Taxman and Tax Guru and wizzard wizard - consultant - expert - advisor -advisors consultants - gurus - Paris Prague Moscow Berlin Lima Rio de Janeiro, Santaigo New York, Boston, Sacramento, Minneapolis, Salem, Wheeling, Philadelphia, Pittsburgh, Atlanta, Pensacola, Miami, St Petersburg, Naples, Fort Myers, Cape Coral, Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay, Minot, Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton, Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego, Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City, Tulsa, Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello, Bellingham, Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas City, Lawrence, Houston, Albany, Framingham, Cambridge, London, Paris, Prince George, Prince Rupert, Whitehorse, Anchorage, Fairbanks, Frankfurt, The Hague, Lisbon, Madrid, Atlanta, Myrtle Beach, Key West, Cape Coral, Fort Meyers, Berlin, Warsaw, Auckland, Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing, Shanghai, Tokyo, Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds, Medicine Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson, Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey, Edinburgh, Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney, Nanaimo, Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne, Zurich, Kyoto, Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos Aries, Squamish, Churchill, Lima, Santiago, Abbotsford, Cologne, Yorkshire, Hope, Penticton, Kelowna, Vernon, Fort MacLeod, Deer Lodge, Springfield, St Louis, Centralia, Bradford, Stratford on Avon, Niagara Falls, Atlin, Fort Nelson, Fort St James, Red Deer, Drumheller, Fortune, Red Bank, Marystown, Cape Spears, Truro, Charlottetown, Summerside, Niagara Falls, Albany STAR WARS Hope this helps.
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CEN-TA Cross Border Services - Tax, Visas, Immigration
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