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!

 

[Harry Callahan]

You are correct: a green card is not a valid entry document after one continuous year outside the US. Your Canadian passport is a valid entry document, but I'm not sure if you can use it as a permanent resident. It is possible (though rare) for green card holders to enter the US legally on a tourist visa without abandoning their permanent resident status (9 FAM 41.31 N15) for emergency travel only, but I'm not sure if this exception applies to visa-free entry. Even with a tourist visa, legal maintenance of your green card status requires all of the following to hold: you intended to return to the US; you maintained this intent continuously for the entire four years; and your inability to return was due to factors outside your control (e.g. extended illness in your family). Note, Canadians can apply for B-1 and B-2 visas.

If you don't have any emergency reason to enter the US, the proper way to proceed is either to apply for a returning resident visa, if you meet all the conditions for keeping your green card (see above), or else submit form I-407 to relinquish your green card. I-407 can be submitted at the border; print it out and fill it out in advance. If and when you decide to move back to the US permanently, your US citizen spouse can always sponsor you again (paying the application fee anew of course), but only if you have already relinquished your green card.