Permanent Residency Expired Residency

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morales1207

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My husband (who was a US resident) has been living with me in Canada for the past few years. We have been trying to get him status here, but due to circumstances beyond our control as well as a lack of information, we made several mistakes and as a result he will not be allowed to stay here. Unfortunately his US residency expired last March. I found a US consulate (the Calgary Airport) web site advising that US residents who moved abroad, but have their plans changed and they would like to move back to the states may enter as Non-residents instead of as returning residents. However, when we called the US consulate here in Canada, they said that was not the case. They advised that he would have to have his parents file for residency for him (since he is married was the reason were given for this) and that he would not be allowed to enter the US for 7 years. We are being bombarded by conflicting information here. Is there any way that we can get around this red tape, and for him to have his residency re-instated? We were also told a few eeks ago by the same US consulate that he was able to pay a fee of around $200 US to have his residency card re-instated at the border; but when we asked about it again today they denied that as well, saying there is nothing he can do unless he wants to wait here in Canada while his parents file for him. My work has already agreed to transfer me to the New York branch of their office due to these circumstances, and now we need to figure out how to get my husband there as well. There is no way he will be able to stay here for 7 years while his parents file the residency papers for him, and we also have 2 young children, so being seperated for an extensive amount of time is not an option. Is there any information you can give me to help us out, or anybody you can refer us to speak with on this matter? We need answers that will not change every time we turn around!!!

Thanks very much,
Erin Morales
 
Originally posted by morales1207
My husband (who was a US resident) has been living with me in Canada for the past few years. We have been trying to get him status here, but due to circumstances beyond our control as well as a lack of information, we made several mistakes and as a result he will not be allowed to stay here. Unfortunately his US residency expired last March. I found a US consulate (the Calgary Airport) web site advising that US residents who moved abroad, but have their plans changed and they would like to move back to the states may enter as Non-residents instead of as returning residents. However, when we called the US consulate here in Canada, they said that was not the case. They advised that he would have to have his parents file for residency for him (since he is married was the reason were given for this) and that he would not be allowed to enter the US for 7 years. We are being bombarded by conflicting information here. Is there any way that we can get around this red tape, and for him to have his residency re-instated? We were also told a few eeks ago by the same US consulate that he was able to pay a fee of around $200 US to have his residency card re-instated at the border; but when we asked about it again today they denied that as well, saying there is nothing he can do unless he wants to wait here in Canada while his parents file for him. My work has already agreed to transfer me to the New York branch of their office due to these circumstances, and now we need to figure out how to get my husband there as well. There is no way he will be able to stay here for 7 years while his parents file the residency papers for him, and we also have 2 young children, so being seperated for an extensive amount of time is not an option. Is there any information you can give me to help us out, or anybody you can refer us to speak with on this matter? We need answers that will not change every time we turn around!!!
I don't know the specifics of the case. It seems that your husband's residency expired while he was living with you in Canada. I see that you believe that a Calgary web site had information that would seem to support the ability to enter the country but the US Consulate said that you could not. What did the US Consultate state as the reason why you could not renew your husband's status as a resident? Are you hoping that the law will not apply to you due to your mistakes and lack of information? I'm not saying that this is the case, but if it is then this something that you would need to deal with rather than hoping that a web site's information (which may or may not be fully complete or apply to your situation) can help you. Whom else have you spoken for your advice?
 
well, first of all it would be important to know what citizenship you and your husband have.

From what I gather your husband has been a legal permanent resident and has abandoned this status by living in Canada for that long.

He now has to apply for a SB-1 visa. To do this he has to establish that he never intended to relinquish the American residence, that is to say, that the stay in Canada always was meant to be temporary. If you can prove that, everything is fine.

Read here: http://travel.state.gov/visa;returning_alien.html

If this is not possible to prove, then you have to start the whole visa application from the beginning.

Now, if you are an American citizen, you must file again a petition based on family preference.

It takes about 2 years to finally get a green card, but there is the possibility to receive a K-3 Visa to enter the country and then wait for the final green card.

The worst case scenario: You can neither prove the facts for the SB-1 and you are not an American citizen either. Then he can only apply based on other reasons. If his parents are in the country and he can only apply on that basis, it actually might take up to 12 years until a visa number will be available. Right now they are giving visa numbers to this class of applicants who applied in 1991!
 
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