Traveling to the US as a Canadian citizen with US green card, after over a year away [closed]

I am a Canadian citizen and US green card holder. After receiving my green card I have been almost constantly away, studying in Europe for the last five years, and coming back to the US to visit my parents every 6 months to a year. I never applied for a travel document before leaving the US, so every time I come back, I have to wait for several hours at the airport before they threaten to invalidate my green card status and I try to convince them that I intend to return to the US after my studies. I have apparently been successful so far, but now that I'm actually finished with my studies and don't have any plan to move back to the US, I'm worried about what will happen on my next trip (which is very soon, and it's been more than a year since my last one).

Technically speaking I believe I have the right to enter the US just as a Canadian citizen, but as soon as they find out I have a US green card, they mark me for further questioning. My question is, what is the best approach to take next time:

Should I attempt to hide the fact that I have a green card (and only show my Canadian passport)?
Or should I show both documents and just accept that I will have to spend several hours waiting to be questioned as usual, and end up losing my green card (which to be honest, I don't mind losing too much)?
Something else?

With the first option, I believe that technically my green card is not even a valid document for entry to the US at this point, so I don't think it would be unethical to not even mention it at all (or maybe not even have it on hand?).

With the second option, can I be sure that, even if they invalidate my green card, that I will still be allowed to enter the US on the basis of my Canadian passport?

Related question: Will a green card holder have problems returning to the USA after more than six months away? I believe the answers there make it clear that my green card is not a valid basis for re-entry to the US after more than a year.

Best Answer

Assuming you only want to stay in the US for a short time, simply showing your Canadian passport will be enough to legally get you entry. You are not obliged to mention your Green Card status unless asked. However make sure you answer any questions truthfully, especially if asked about any visas or such like. They probably know about it anyway. This approach will get you into the US for your short term visit, which is the question you asked.

Whether this approach will affect your Green Card status, or what effect your long absence will have, is off topic on this forum, and if you are concerned you should ask about it on our Expatriates site.

Pictures about "Traveling to the US as a Canadian citizen with US green card, after over a year away [closed]"

Traveling to the US as a Canadian citizen with US green card, after over a year away [closed] - Emotionless African American female with coffee to go wearing casual wear and protective face mask leaving underground station and looking away in New York City

Traveling to the US as a Canadian citizen with US green card, after over a year away [closed] - Crop person showing handmade flag of Israel

Traveling to the US as a Canadian citizen with US green card, after over a year away [closed] - Serious black businessman against blurred building with American flags

What happens if a green card holder stay out of the country more than 1 year?

The law states that if a Green Card holder remains outside of the United States for one year and one day during any one trip, they are considered to have abandoned their residency and lose their Green Card and permanent resident status.

Can I stay more than 6 months outside US with green card?

Final Thoughts. Now you know the answer to \u201ccan I stay more than 6 months outside the U.S. with a green card?\u201d. Yes, you can, as long as you only travel for a temporary purpose. Otherwise, you might be regarded as having abandoned your LPR status.

Can I stay 7 months outside US with green card?

If you are abroad for 6 months or more per year, you risk \u201cabandoning\u201d your green card. This is especially true after multiple prolonged absences or after a prior warning by a CBP officer at the airport.

How long can a green card holder stay out of the country 2022?

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more. This 1-year rule creates a rebuttable presumption that you intended to abandon your residency.

How to Reenter the US with Green Card After Living Abroad Over a Year

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Rūdolfs Klintsons, Uriel Mont, Karolina Grabowska, Ketut Subiyanto