Works in Canada During the Week

Q: My family and I live in the US, but I have a job offer in Canada. I will work in Canada Monday through Friday and come home to my family in the US on weekends. Can I take the job without problems?

A: You likely can take the job based on what you wrote. However, I see this immigration question as having two subparts:

Maintaining a green card

• Will I lose my green card by working outside the US?

You will likely not lose your green card as a result of working outside the U.S.:
Being a lawful permanent resident of the U.S. means that you make the US your permanent and primary residence. Taking a job outside the US questions whether you claim the US as your permanent home. Those who maintain a home in the US normally own or rent a physical location, file US taxes, have a bank account, have a driver’s license, and have family ties in the US. Someone working in Canada but living with family in the US on the weekends would satisfy these incidents of home residency. It would help if the job in Canada was for a fixed duration such as a year contract rather than open ended. The longer you live and work outside the US, the more it can seem that Canada is your primary home. When in doubt, don’t push the limits of what you can do.

Applying for US citizenship

• Will working abroad prevent me from obtaining US citizenship?

Working abroad in the manner described will prevent you from obtaining US citizenship:
US naturalization requires that an applicant must have had a continuous residence in the U.S. for at least 5 years (3 years if the green card was based on marriage and you are still married), and a physical presence of more than half that time. You will not satisfy the physical presence requirement by being in the US only on weekends.

Call for Assistance

Consider a licensed, professional immigration legal representative before proceeding. Immigration law is large and diverse, covering many types of immigration.  Government agencies have become increasingly adversarial. It helps to have our team on your side to prevent avoidable and unnecessary delays, anticipate problems, and effectively navigate your matter toward successful completion. At Allan S. Lolly, P.C., we provide a free initial consultation for those interested in possibly working with us on case processing, and we’re happy to answer your questions.