I want to know I am still US green card holder for 3 years and live in Canada?

Question

Hi everyone, I want to know I currently live in Canada from 2005 to 2008 present but I am still US green card holder for 3 years. Because my green card expires is 10/24/11. I guess so, it still vaild, eh! Because possibly, I will be vacation in USA for a week. What should I do or...?

Answer 1

If you were out of US as Green Card Holder more than 2 years, USCIS consider that you abandoned your PR status.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/m...

Having validity on your card and maintaining your status is totally different thing.  

Answer 2

if you live in canada and its been for 3 years you no longer are a permanent resident. even if your card expires years from now. if your coming back to visit why would it matter if your a permanent resident.. you don't LIVE here anymore.  

Answer 3

It became invalid after 12 months absence from the United States.  Also, I take it you have not been filing a federal income tax return for the last 3 years.  That's another sign you've abandoned your status.

At the border you should give your green card to the CBP Officer.  He'll have you sign a form.  After that you can enter the USA just like any Canadian and stay for up to 6 months.

Answer 4

You have abandoned your permanent residence by leaving the country for 3 years and it is no longer valid. You need to apply for a re-entry permit.

Answer 5

You cannot leave that long and keep your pr status.

Are you legally in Canada? If not they will eventually deport you as well.

yak got it partly right. Yak you can only stay in the US for six months from Canada if you are Canadian citizen, not a landed immigrant as Canada calls it, and you have a spouse in the US otherwise you can only stay for 90 days.