Permanent Resident Status

[canadianpremed 1]

Let's say that someone got their green card in 2015. However, since receiving it, they've moved to a different country and haven't lived in the US in 9 years. Now, they want to move back to the US but don't want to give up their permanent residence status. Can they hypothetically go into the US from Canada as a visitor using their Canadian passport, live in the US for a couple of years, and then when they renew their green card in 1-2 years, it'll show that they have a SSN, address, work/school, etc. Is this feasible? would like to know.

 

[Crazy Cat 41,846]

Has this person been paying US taxes, maintained a US address, bank accounts, etc?  Technically, they may have already abandoned the Green card. 

Edited January 17 by Crazy Cat

[OldUser 6,658]

47 minutes ago, canadianpremed said:

Can they hypothetically go into the US from Canada as a visitor using their Canadian passport

No, if they're LPR they must use green card.

 

CBP may refer them to immigration court upon entry.

Edited January 17 by OldUser

[TBoneTX 45,288]

Yes, the GC status is at risk or as good as gone.  If CBP allows re-entry, immigration court may be next.  It's probably wise for the OP to assume that a re-entry now should be followed by a VERY long return to the U.S., and that leaving again right away or soon will result in severe trouble with U.S. immigration status.

[OldUser 6,658]

5 hours ago, TBoneTX said:

Yes, the GC status is at risk or as good as gone.  If CBP allows re-entry, immigration court may be next.  It's probably wise for the OP to assume that a re-entry now should be followed by a VERY long return to the U.S., and that leaving again right away or soon will result in severe trouble with U.S. immigration status.

I'd say if OP is admitted back, they should stay put and don't travel internationally until naturalized.

[Demise 1,283]

Well the way that this works is that if someone like this shows up at the Port of Entry CBP has to let them in, but they can either:

1. Admit them back as an LPR - Good.

2. Parole them in as an arriving alien for removal proceedings - Bad.

3. Try to pressure them to sign I-407 and go away, in case of which you can hold your ground until they do one of the above.

 

If they admit you, you're good to go, wait out the 5 years and file N-400. If they parole you in then it depends on the circumstances, if you're able to re-adjust somehow (e.g. you're the spouse of a US Citizen, or a parent of a US Citizen over 21, who can re-sponsor you) you can do that before the court, otherwise you'd have to prove to the court that you haven't abandoned your permanent residency.

 

I think someone here recommended going to one of the unstaffed CBP ports on the Alaska/Yukon border, since well, not like they can tell you to go away if there's nobody there. Then just get a domestic flight to the mainland and lay low until it's time to naturalize. If you are screwed (no way CBP would admit you, and no way a court would rule that you haven't abandoned your residency) might as well just try that since you don't have much to lose.

[TBoneTX 45,288]

13 hours ago, Demise said:

going to one of the unstaffed CBP ports on the Alaska/Yukon border, since well, not like they can tell you to go away if there's nobody there

If I'm correct, there will be video contact from the nearest large CBP port.