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Immigration Forum / USA / July 2009



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Losing Perm. Residence?

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zeroctrl - 03 Jul 2009 17:52 GMT
Hi,

I live in Canada and have received US permanent residence,
however I have not relocated to the US yet, and it's been over a year.
I have read somewhere that after a year of absence from US you lose
your status.
Would this be the case with me?  I have not actually moved there yet,
although at the time
of receiving the status, it is understood that you WILL be relocating
at that time.
What potential problems would I face when I finally relocate?

Please advise..

Thank you.
Joe Feise (Immigration) - 03 Jul 2009 19:31 GMT
zeroctrl wrote on 07/03/09 09:52:

> Hi,
>
[quoted text clipped - 7 lines]
> at that time.
> What potential problems would I face when I finally relocate?

How did you "receive Permanent Residence"?
Do you have an Immigrant Visa? That's invalid after 1/2 year.
Do you have the actual GC? That's invalid for entry after 1 year.
A PR has to actually reside in the US.
Did you file US taxes? A PR has to file US taxes as resident. Failing to do so
is strong evidence of abandoning the GC.

-Joe
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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

zeroctrl - 06 Jul 2009 18:02 GMT
> zeroctrl wrote on 07/03/09 09:52:
>
[quoted text clipped - 21 lines]
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.

Hi, yes, I have received the GC, but never ended up relocating to the
US as planned.
If I were to try to relocate to the US in a couple of years time,
would I basically have to reapply for the permanent residence?
Joe Feise (Immigration) - 07 Jul 2009 05:07 GMT
zeroctrl wrote on 07/06/09 10:02:

> Hi, yes, I have received the GC, but never ended up relocating to the
> US as planned.
> If I were to try to relocate to the US in a couple of years time,
> would I basically have to reapply for the permanent residence?

Yes.
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I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

 
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