There have been many instances where permanent green card holders travel outside of the US especially to Canada for various reasons: employment, visit family, tourism, etc. But the real issue arises when they are at the US-Canada border attempting to seek entry back into the US. U.S. Customs and Border Protection ("CBP") may check how long you have been absent from the US and question you about whether you intend to maintain your permanent residency in America. Some legal permanent residents are never questioned at the border when they are returning from an absence of greater than one year and they are readmitted without a problem.
So what triggers the abandonment issue? Usually if the legal permanent resident has been absent from the US for a continuous period of more than 6 months or 180 days or if they have been out of the country for more than a year. CBP will question you on why you have been outside of the US for a long time period, whether you have any employment in US, whether you rent or own any property in the US, how long have you spent in the United States, any ties to the community and family, etc.
If there is a presumption that you intended to abandon your permanent residency in the US, CBP may instruct you to file Form I-407, which is an "Abandonment of Lawful Permanent Resident Status." By filing this form, you are indicating that you are seeking to abandon your legal permanent resident status. If you do not wish to file Form I-407, your other option is your right to a hearing before the immigration court on whether you have abandoned your permanent residency when returning to the US from a lengthy absence. The CBP officer will issue a Notice to Appear (NTA), which will require you to appear on the date, time and location indicated before the immigration judge. You may also be paroled into the US while you wait for your hearing and your status will remain as a permanent resident until there is a final determination at the hearing.
It would also be best to look at your absence from the US as a totality of circumstances and what you disclosed to the CBP officer while seeking readmission. It's important.
If you are unsure about traveling outside of the US as a permanent resident to Canada, consult with an immigration attorney. There may be other options available to you to preserve your permanent residency:
1) Seeking a re-entry permit prior to you leaving that you may be out of the US for over a year but under 2 years, or
2) Applying as a Returning Resident at the consulate prior to seeking entry into the US, which will allow the consulate to determine whether you have abandoned your permanent residency.
We're in the COVID-era and we all know that emergencies happen, family members get sick, and getting stuck outside of the US has been common for a lot of people. So if you have a valid reason for your absence, discuss it with an immigration attorney and see what your options may be. U.S. immigration is complicated.
{This blog has general US immigration information, it should not be construed as legal advice. Blog is written by Attorney Poonam Minhas. Should you have any questions about your immigration matter, kindly consult with an experienced immigration attorney.)
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