meeting the 730 days residency requirement

[mike45ds]

Hi
I got my green card in Nov 2008, since then i have only been in Canada for a month.
I have gotten married and had a kid with my wife in states and been living there with them.
I now want to move back to canada.
If i live there now till my 5year anniversary of getting my green card i will not have met the 730 days i need.
Can i still move back to canada and wait till i have 730 days before applying for pr card?
Also i should mention i never picked up my original pr card, as i left to be with wife and was out of the country. So this will be my first pr card?

Not sure where i stand and if i need to just apply for it all again from the beginning?

I would really appreciate some advise and guidance of what to do.

Thanks

 

[newtone]

Why would you want to move to Canada when you have a US green card is just beyond me.

Anyway to answer your question Yes you can move to Canada as long as your PR card has not expired other wise you have to do an ARC

 

[computergeek]

other wise you have to do an ARC

I'd have to disagree with this statement. An "Authorization to Return to Canada" overcomes a temporary or permanent ban to enter Canada. The OP doesn't indicate he has been subject to a removal order and thus an ARC wouldn't be required.

The OP doesn't mention his country of origin, but if it is visa exempt, he might be able drive across the border without ever being asked about his status in Canada. However, he's not going to be able to sponsor family to come to Canada until he is in compliance with the PR residency obligation. If he is questioned at the border and they determine he is a PR, it is very likely he will receive a removal order. He can then either challenge the removal order or lose his PR status.

The other alternative is to apply for a PRTD. The visa office will deny it, and he will cease being a PR of Canada. At that point he can reapply for PR along with his family.

There are some potential open questions however: is his wife Canadian? If so, that changes the analysis dramatically, but he didn't mention anything about this possibility. But if she is a Canadian citizen, then you are not in violation of the PR residency obligation because it is met as long as you are living outside Canada with a Canadian citizen spouse. In that case, you can apply for a PRTD or a new PR card - you just have to prove that you were living with your spouse for at least 730 days in the preceding five years.