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Discussion Starter · #1 ·
Served in USAF between 85 and 89. Could I return to US as a tourist and just pick up from when left off even though havent lived there for over 20 years? I have a Green Card issued in 83 ( no expiry) and soc security card both of which would allow me to take up employment there?
 

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Discussion Starter · #3 ·
i KNOW THE RULES BUT MY QUESTION IS FROM A POINT OF VIEW OF WHO WOULD KNOW, IE AN EMPLOYER THAT ID BEEN OUT OF THE COUNTRY FOR 20 YEARS?? I COULD MAKE UP REFERNCES AND WHO WOULD BE THE WISER?
 

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i KNOW THE RULES BUT MY QUESTION IS FROM A POINT OF VIEW OF WHO WOULD KNOW, IE AN EMPLOYER THAT ID BEEN OUT OF THE COUNTRY FOR 20 YEARS?? I COULD MAKE UP REFERNCES AND WHO WOULD BE THE WISER?
:rolleyes:

....... and if they tried to contact these references ?
 

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i KNOW THE RULES BUT MY QUESTION IS FROM A POINT OF VIEW OF WHO WOULD KNOW, IE AN EMPLOYER THAT ID BEEN OUT OF THE COUNTRY FOR 20 YEARS?? I COULD MAKE UP REFERNCES AND WHO WOULD BE THE WISER?
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Trust me - your made up references will not work. Hurdle #1 - background check.
Actually Hurdle #1 will be IO at point of entry. These evergreens have been under scrutiny for a couple of years.

You know you have forfeited your Green Card. You will not find information on how to find an illegal loophole here.
 

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Your status was considered abandoned 12 months after you left

I doubt you really want to go for a federal felony
 

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Discussion Starter · #12 ·
been using ESTA for past few years, no going to keep my Green Card and Social security card, if nothing else they are cool mementous!
 

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Discussion Starter · #14 ·
been on a lot of forums where Americans want to live in Europe and Europeans want to live in America (probably more of the latter)-keep thinking it would be great if there was free movement between both countries, I know which way I would head!
 

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Discussion Starter · #17 ·
you have been lucky no POE guy bothered to check ...so far
check what?? when I visit the states i go in as a british citizen on an ESTA even if i was searched and they found a green card so what im not doing anything illegal we all agree my GC is no longer valid
 

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... so what im not doing anything illegal we all agree my GC is no longer valid
You genuinely do not want to open this can of US worms.

A green card expires for immigration purposes after some period of non-use, but it does not expire for US tax purposes until either you affirmatively surrender it or USCIS issues a 'final administrative order of abandonment'. It doesn't sound like either of these has occurred. As of right now, then, the US still technically considers you to be fully liable to US tax, for all years since you left.

The way round this, if you don't choose to leave it alone -- and I'd very much suggest that you do leave it alone -- is to surrender the green card using I-407 and then catch up on some past years of US tax filing. By claiming US/UK treaty treatment on past returns you may be able to in effect 'back date' your green card surrender and avoid any actual US tax liability. Form Fincen-114 is whole different and unpleasant area. If I described the full horror of that you would think I was making it up.

If all this sounds ridiculous to you, I would certainly agree. This is an example of the US having things both ways -- you have no right to live in or return to the US, but all the obligations of a US citizen.

Barely believable, but this is what happens when US lawmakers unmoor immigration and tax law. The job of immigration law is to be as exclusive as possible. The job of tax law is to be as inclusive as possible. The miracle of the US status that is 'US citizen for tax purposes' lies at the intersection of these two.
 

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JustLurking is correct that you are legally still considered subject to U.S. taxation (though not necessarily taxed) unless and until one of these three events occurs(red):

1. You voluntarily renounce and abandon your green card status in writing to the USCIS;
2. Your immigrant status is administratively terminated by the USCIS; or
3. Your immigrant status is judicially terminated by a U.S. federal court.

But it's not as grim as JustLurking might suggest. First of all, if you genuinely owe zero U.S. tax -- highly likely for U.K. residents -- then there is zero penalty for non-filing. There is a published penalty for non-filing FinCEN Form 114 (a financial disclosure report), but there's also a 6 year absolute statute of limitations. So you could probably, fully legally tidy up everything with a formal green card termination plus penalty-free back filing of 6 years (plus the current year -- 7 years total) of FinCEN Form 114s. If this is a can of worms to open then chances are there are only 7 small worms, and they're all dead already (to extend the metaphor).

The other option is you don't tidy everything up and the U.S. maintains its theoretical legal tax and tax-related claims.
 
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