Legal Question in Immigration Law in Washington

Hi there. My friend has a question about abandoning his status as an LPR here in the US. He recently moved to Canada for work and married a Canadian citizen. The two of them home to come to the US together at some point in the future but they're not sure when. He visits the US frequently and he might still own a home here. How can he avoid losing his LPR status?


Asked on 1/22/10, 9:31 am

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

Your friend needs to consult an attorney. I can't tell you here whether his situation will be considered as an abandonment or not (based on his absences, travel, intent, etc). As a general rule, if he applies for permanent residency in Canada while being a permanent resident in USA, yes, he might be required to give away his US permanent residency.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

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Answered on 1/27/10, 9:50 am
Amir John Showrai The Pacific Law Firm, PLLC

I'm going to answer this from a government perspective, not to be mean to your friend, but rather so that he can see see this scenario from a government point of view and plan accordingly.

Being an LPR necessarily entails that one RESIDE in the US. If your friend has taken up the same status in Canada, by definition, he is no longer a US LPR. If your friend crosses the border or enters Canada, when the Customs and Border Protection Officer asks him, "Where do you live?" If he tells the truth, I think they are very likely to confiscate his LPR card. If he lies, he risks that they discover this and that is going to make for a long day in a secondary inspection, and again, the loss of his LPR card.

One option he may have is to apply for naturalization (assuming for a moment that he qualifies). If so, and if he can return to the US pending the processing of such an application, then his troubles would be over. This may be difficult or impossible given your friend's current status in Canada and may be impractical given that he works in Canada now and is married to a Canadian.

Ultimately, I agree with the previous poster, that if he is really serious, he ought to consult an attorney, just to make sure all his angles are covered. Best of luck to your friend.

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Answered on 1/27/10, 11:38 am


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