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

[corduroy 0]

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!

[milimelo 4,583]

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.

[Starkilla09 366]

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.

[corduroy 0]

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.