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corduroy

Green card holder re-entering US after 4 years' absence

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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!

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You may want to book an appointment at your nearest US consulate and officially relinquish your green card as you're no longer an LPR. USCIS form I-407.

That way you can come in as a regular tourist. If you decide later on to move to the US, your husband gets to start all over again with I-130 petition for you.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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Agreed with Milimelo. To save you the drama from possible interrogation, removal or referral to an immigration judge please go the your local U.S embassy and fill out form I-407 and hand that greencard declaring your intention as a tourist. It'll look favorable on your record as USCIS will be notified by the consular officer.


Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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Thanks for the reply. It looks like Form I-407 can be submitted to the officer at port of entry. What if I entered with just my Canadian passport, and if they ask whether I have a green card, I hand that over along with the I-407 form?

You may want to book an appointment at your nearest US consulate and officially relinquish your green card as you're no longer an LPR. USCIS form I-407.

That way you can come in as a regular tourist. If you decide later on to move to the US, your husband gets to start all over again with I-130 petition for you.

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