Stupid Situation

[ALMO23]

My husband US green card was hold by the border immigration when he enter the US. He will have a second interview with them within 2 month. He may lose or not.
Can this affect our family class application which is at the last stage in Buffalo?

 

[heatherusa]

My husband US green card was hold by the border immigration when he enter the US. He will have a second interview with them within 2 month. He may lose or not.
Can this affect our family class application which is at the last stage in Buffalo?

Why did they take it? That might make a difference to B'lo

 

[ALMO23]

Their pain is he visited me a lot of times and has an other PR under process.
I don't think this can hold up our case, nothing to do with canadian immigration.
Any ideas?

 

[can_usa_97]

Well, I can see why they'd revoke his GR perhaps, if they knew he wasn't intending on staying in the US.

I don't think this would affect your PR for Canada - per say, unless he'd end up having to reapply thru his home country if he lost status in the US?

 

[canadianwoman]

If he loses his green card, will he be able to get back into the USA to go to Buffalo for an interview for his Canadian PR, if needed? That's the only problem I can see, unless he is refused the PR visa.

 

[iarblue]

If he is refused back into the states for his interview if required it will be a problem.You might want to contest why his green card was taken away.Even though he is moving out of the states does not give them the right to take away his green card.If they chose not to renew it that would be fine but to take it away i dont think they can.
Go to the US consulate if you are in Canada and contest it.

 

[ALMO23]

He is in US. However they hold his GC at the border till the second interview.

 

[iarblue]

Well then on the second interview he needs to tell them yes he is applying to go to Canada with you,but that should not give them reason to take away his GC just reason for them not to renew it,or better yet tell him to tell them he will surrender his GC once he has his PR.

 

[can_usa_97]

Actually, that's exactly why they could/would might take it away.

I got this from another immigration lawyer website

U.S. Immigration law requires that a green card holder must NEVER abandon the INTENTION of continuing to reside permanently in the United States. Once, a green card holder abandons that intention, e.g., by intending to reside permanently in some other country, that person loses the right to keep their green card.

This means that ANYTIME a green card holder leaves the U.S., that person is subject to being accused by the Immigration and Naturalization Service (I.N.S.) of having abandoned the intention of living in the U.S., and is subject to having the greencard taken away--on the spot. Therefore, green card holders must always take certain PRECAUTIONS in order to be able to prove to the I.N.S. that they have never abandoned the intention of living in the U.S. permanently.

 

[iarblue]

Well then there is your answer,now you just have to hope they either waive the interview or you get a visit visa to go in for the interview.

 

[Lois Lane]

I"m assuming since this is a Canada immigration forum
your husband is a PR in Canada or is a Canadian Citizen
so whether or not he loses his Green card will not affect
your application for PR status in Canada

 

[can_usa_97]

I"m assuming since this is a Canada immigration forum
your husband is a PR in Canada or is a Canadian Citizen
so whether or not he loses his Green card will not affect
your application for PR status in Canada

I think HE is applying for PR thru Buffalo and she is the Canadian. At least that is how I read it.

 

[iarblue]

Hes in the US right now so it cant be an inland.He is in process for his PR.Going through Buffalo.So if he looses his Green Card it might not be an issue at all only if he has to go for an interview.Unless we are all missunderstanding this and he is doing an inland which means he shouldnt be in the states anyway as he is suppose to be in Canada until he gets his PR.

 

[Lois Lane]

hmmm so she's in Canada sponsoring him who is a green card holder in the USA and he's at risk of losing his green card...thinking that's how the story goes...if that's the case then yes if he loses his green card then he has to leave USA which means he will have to be sponsored from which ever country he will leave the USA to go to....immigration lawyer would be good idea for sound advise, wouldn't risk losing GC and having to go back and apply.....might be a good idea to apply in Canada inland

best of luck