Planning to move to Canada as a U.S. Green Card holder? Learn how to avoid losing your permanent resident status and protect your legal rights.
Will You Lose Your U.S. Green Card If You Move to Canada?
Short Answer:
No, you don’t automatically lose your U.S. Green Card by moving to Canada — but you can lose it if U.S. immigration authorities determine that you’ve abandoned your permanent resident status. The risk increases if you spend too much time outside the U.S. or don’t maintain ties that prove your intent to live in the U.S. permanently.
Let’s break it down fully.
What Is Required to Keep Your U.S. Green Card?
Being a U.S. permanent resident (Green Card holder) comes with the expectation that the U.S. remains your primary home. If you move to another country, like Canada, the U.S. government could assume you've abandoned your residency, especially if you:
- Stay outside the U.S. for long periods
- Fail to maintain legal, financial, and physical ties to the U.S.
- Don’t show intent to return or live in the U.S. permanently
Key Time Limits That Affect Your Status
Less than 6 Months Outside the U.S.
- Typically no issue.
- Re-entry into the U.S. is routine, but officials can still question your intent if it appears you're no longer living in the U.S.
6 to 12 Months Outside the U.S.
- Considered a “prolonged absence.”
- You may be questioned at the port of entry and must prove you didn’t intend to abandon your U.S. residence.
- Evidence like maintaining a U.S. home, job, bank accounts, or family helps.
Over 12 Months Outside the U.S.
- Without a Reentry Permit, your Green Card is considered abandoned by default.
- You may be denied entry and referred to immigration court, where you’ll have to defend your right to remain a permanent resident.
How to Protect Your Green Card While Living in Canada
If you plan to move or spend extended time in Canada, here’s how to protect your U.S. permanent residency:
1. Apply for a Reentry Permit
- A Reentry Permit (Form I-131) allows you to live outside the U.S. for up to 2 years without being considered to have abandoned your residency.
- It must be applied for while you're physically in the U.S.
- It’s ideal if you're relocating to Canada temporarily or still planning to return to the U.S. later.
2. Maintain Ties to the U.S.
- Keep a U.S. mailing address, even if it’s a relative’s
- File U.S. taxes annually as a resident (Form 1040)
- Keep U.S. bank accounts, investments, and credit cards
- Retain a U.S. driver’s license and/or state ID
- Make regular return trips to the U.S. every 3–6 months, if possible
3. Keep a Record of Your Intent
- Keep documents that support your intent to return to the U.S., such as:
- Job offers or interviews in the U.S.
- Property leases or home ownership
- Medical appointments
- Family ties (children in school, spouse working in the U.S.)
What Happens If You Don’t Maintain U.S. Ties?
If a U.S. Customs and Border Protection (CBP) officer believes you’ve abandoned your residency, they may:
- Ask you to sign Form I-407, which voluntarily gives up your Green Card
- Place you in removal (deportation) proceedings
- Deny re-entry unless you prove your intent to maintain U.S. residence
Once you lose your Green Card, you must apply for a new immigrant visa from scratch if you ever want to live in the U.S. again.
Example Scenario
David, a Green Card holder, moves to Canada in 2024 but wants to keep his U.S. residency.
He applies for a Reentry Permit before moving. He travels back to the U.S. every 4–5 months. He keeps filing his U.S. taxes and maintains a U.S. bank account and mailing address. When David returns to the U.S., he is allowed in because he has shown clear evidence of maintaining his U.S. residency, despite living in Canada.Summary Table
| Situation | Impact on Green Card | What to Do |
|---|---|---|
| Move to Canada < 6 months | Low risk | Return regularly, maintain ties |
| Stay in Canada 6–12 months | Moderate risk | Keep evidence of U.S. ties |
| Stay in Canada over 12 months | High risk | Get a Reentry Permit beforehand |
| No U.S. address, job, or taxes | Very high risk | Reestablish ties or risk abandonment |
Final Verdict: Do You Lose Your Green Card by Living in Canada?
- You do not automatically lose your Green Card just by living in Canada.
- However, if you stay away too long, fail to maintain meaningful ties, or don’t plan to return and live in the U.S., your residency could be considered abandoned.
- By planning carefully and using legal tools like a Reentry Permit, you can live in Canada without losing your Green Card.