US permanent resident returning home to the US after two years on a student visa

gretchen2009

New Member
I am a permanent resident of the US and have a student visa in Canada. Now that I have completed a degree at a Canadian university, I will be returning home to the United States.

For financial reasons, I was unable to go back home to the States, and instead took summer courses in order to complete my degree requirements. It is now a little bit over two years since my last visit. Both my family and I are worried that without a travel document - a document that Department of Homeland Security issues to all green card-holders - the border official will consider my "US permanent residence abandoned" and deport me to the country of origin that I left nearly 15 years ago. Unfortunately, it is not the document I can apply for outside of the US. Nor can my family (both US citizens living in the US) apply for it on my behalf.

To take things one step further further ... more than a year ago (May 2008) I applied to renew my passport from the country of citizenship in the Canadian consulate and to this day have not received it. My intention was to get the passport here but now that it is taking such a long time and my student visa is soon to expire, I am in a limbo. By now, my old passport has expired and I cannot seek a temporary visa or restoration of my status in Canada without a valid passport either ....

What are my options? Can I go to the US border without the passport from the country of citizenship and use my permanent residence card or should I wait for the passport to be renewed? What penalties may I face and what measures should I take to avoid them? I considered filing for form 117 but it appears that does not apply to me, i.e. I did not go to my country of origin, rather I went to study in a third country and I want to return the US that has been my home for the last 15 years.

Many thanks for your response.
 
Unfortunately your green card is no longer valid. Green cards expire 1 year after you move out and stay out of US unless you apply for and obtain a Re-entry permit which allows green card holders to live abroad for up to 2 years without losing their green cards.

In your situation since you have not applied for a re-entry permit and have been absent from US for 2 years (have to made any trips at all to US in these 2 years?) your are no longer admissible into the US. Do you still have a valid green card in your possession?
 
It may be possible to retain your PR but you are going to need help IMHO.

Unfortunately you cannot cross the border without a passport, that should be your fist priority.
1 year to renew is BS get on to your consulate immediately.
 
no offense but you are saying that you have been paying for school for two years in Canada but have not had the money for home visits? that sounds odd to me.
 
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