Re-entering US after 4 years' absence

[corduroy]

I left the US 4 years ago with the original intention of returning within 6 months. However, it has now been 4 years. I believe my green card isn't valid anymore due to the extended absence, and I don't think I can provide evidence to convince the officer otherwise. This time, I will only be staying in the US for 3 weeks before going overseas again. My passport is Canadian which means I can enter the US without a visa and stay for up to 90 days. While it is possible that I'll want to move back to the US in the future, the timeline is uncertain. Therefore, I won't be devastated if my green card is taken away, although, if they allow me to keep it, I would.

My questions are:

1) What documents should I present upon arrival?
(Option A) Canadian passport
Assuming my green card is invalid, should I simply present my Canadian passport and enter as a tourist staying for 3 weeks? If I go this route, I think it implies that I'm giving up my green card; thus, for all future entries, I would have to stick to passport-only. Would the officer ask for my green card? If so, it seems to give an impression of dishonesty of some sort, since I didn't show my green card?

Or,

(Option B) Canadian passport + probably invalid Green Card
Should I present both, and expect lengthy interrogation from the officer regarding my extended absence?


2) What is likely to happen if I go with (B) above?
If the officer determines that I'm not allowed to be a LPR anymore, will he/she simply take my green card away on the spot and allow me to enter as a tourist? Or, might I be sent back right away to the country where my flight originated? Or, even worse, might I be sent to jail / court?

p.s. I'll be travelling with my husband who is a US Citizen.

Thanks for your help on this matter!

[rayb]

My advice is to avoid complicating this any more than necessary. Enter with your Canadian passport, as your Green Card status has been abandoned, but no point in belaboring that fact at the Port of Entry.

--Ray B

I left the US 4 years ago with the original intention of returning within 6 months. However, it has now been 4 years. I believe my green card isn't valid anymore due to the extended absence, and I don't think I can provide evidence to convince the officer otherwise. This time, I will only be staying in the US for 3 weeks before going overseas again. My passport is Canadian which means I can enter the US without a visa and stay for up to 90 days. While it is possible that I'll want to move back to the US in the future, the timeline is uncertain. Therefore, I won't be devastated if my green card is taken away, although, if they allow me to keep it, I would.

My questions are:

1) What documents should I present upon arrival?
(Option A) Canadian passport
Assuming my green card is invalid, should I simply present my Canadian passport and enter as a tourist staying for 3 weeks? If I go this route, I think it implies that I'm giving up my green card; thus, for all future entries, I would have to stick to passport-only. Would the officer ask for my green card? If so, it seems to give an impression of dishonesty of some sort, since I didn't show my green card?

Or,

(Option B) Canadian passport + probably invalid Green Card
Should I present both, and expect lengthy interrogation from the officer regarding my extended absence?


2) What is likely to happen if I go with (B) above?
If the officer determines that I'm not allowed to be a LPR anymore, will he/she simply take my green card away on the spot and allow me to enter as a tourist? Or, might I be sent back right away to the country where my flight originated? Or, even worse, might I be sent to jail / court?

p.s. I'll be travelling with my husband who is a US Citizen.

Thanks for your help on this matter!

[corduroy]

Thanks for your reply! Would the officers be able to see in their systems that I have a green card, and ask me about it?

My advice is to avoid complicating this any more than necessary. Enter with your Canadian passport, as your Green Card status has been abandoned, but no point in belaboring that fact at the Port of Entry.

--Ray B

[rayb]

I think it will depend on what the officer uses to check your name or what he asks you about your status. Don't lie in response to any direct questions.

--Ray B

Thanks for your reply! Would the officers be able to see in their systems that I have a green card, and ask me about it?

[corduroy]

I do have a new passport different from the one used when I applied for the green card, so I guess my green card isn't linked to my current passport.

So, anyway, if the officer asks whether I have a green card, I should present it, and explain that I'm now living overseas. Since I'm unable to show that my extended absence was "beyond my control" and that I plan to live in the US "permanently" (as many websites have indicated), I guess he/she would most likely ask me to fill out Form I-407 to abandon my LPR status and surrender the green card on the spot??

I'm just afraid that they would put me in removal proceedings or detainment even if I agree to fill out Form I407...

I think it will depend on what the officer uses to check your name or what he asks you about your status. Don't lie in response to any direct questions.

--Ray B