# Green Card Expired - do I declare as having one or no?



## mojof1 (May 14, 2013)

I'm from Toronto and accepted a job in HK with the same company. I've been instructed to fill out a questionnaire provided by Ernst & Young, who will be helping me from a taxation standpoint. One of the question asks whether I'm a green card holder. I have the card, but it expired about 2 years ago. In this case, do I declare that I have it or not? 

I have no intention of working in the states (and never have), and no intention of renewing the card in the future.

What is the implication whether I declare yes or no?


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## Auld Yin (Mar 10, 2009)

You should declare NO because that is the truth.


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## mojof1 (May 14, 2013)

Auld Yin said:


> You should declare NO because that is the truth.



so an expired green card is just as good as not having one?

thanks


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## Auld Yin (Mar 10, 2009)

mojof1 said:


> so an expired green card is just as good as not having one?
> 
> thanks


That would be my opinion. I would have thought that after more than 2 years the US Government would believe you had abandoned living/working in the USA.


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## thinkering (Apr 24, 2013)

I would explain the situation to Ernst & Young for their feedback.

While the card expires, your status as a permanent resident doesn't necessarily expire at the same time as the expiry date on the card (at least, that is how it works in Canada). Not having proof of status is different then not having status.


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## mojof1 (May 14, 2013)

thinkering said:


> I would explain the situation to Ernst & Young for their feedback.
> 
> While the card expires, your status as a permanent resident doesn't necessarily expire at the same time as the expiry date on the card (at least, that is how it works in Canada). Not having proof of status is different then not having status.



alright, I think I should do that as well
i just hope I don't get dinged for whatever tax there may be. 

thx


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## EVHB (Feb 11, 2008)

You are not a Green Card holder because you are not living in the US and you no longer have a legal status in the US because your green card is expired. Thus you have no right to live and work in the US.


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## thinkering (Apr 24, 2013)

I think only an immigration court can take away your permanent residency status, even if your card has expired.

In regards to loss of status and when the court has the authority to revoke it, this link may be helpful:

http://www.uscis.gov/portal/site/us...nnel=3f443a4107083210VgnVCM100000082ca60aRCRD


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