Recent developments indicate that elderly green card holders, particularly from the South Asian communities, are encountering heightened scrutiny upon re-entering the United States. Reports suggest that U.S. Customs and Border Protection (CBP) officers are increasingly pressuring these individuals to voluntarily relinquish their lawful permanent resident (LPR) status by signing Form I-407 at ports of entry.
Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who is absent from the U.S. for over 180 days is treated as seeking ‘re-admission’ and is subject to grounds of inadmissibility. While the issue of abandonment of green card status typically arises when the individual has been outside the U.S. for more than a year (365 days), even shorter stays abroad are now coming under increased scrutiny.
Immigration attorneys have reported cases where CBP officers have targeted elderly Indian green card holders, particularly grandparents who have spent extended periods outside the U.S., pressuring them to sign Form I-407 to ‘voluntarily’ surrender their LPR status. Individuals who resist are often met with threats of detention or removal by CBP officers.
Do Not Sign Form I-407 Without Legal Counsel: A green card cannot be revoked by CBP officers unless the individual voluntarily surrenders it by signing Form I-407. Even if accused of abandoning residency, green card holders have the right to challenge this in court. Signing the form waives this right.
Maintain Evidence of U.S. Ties: To counter claims of abandonment, LPRs should maintain documentation such as property ownership, tax returns, and employment records that demonstrate ongoing ties to the United States.
Seek Legal Representation: If faced with pressure to surrender LPR status, individuals should request to speak with an attorney and avoid signing any documents without legal advice.
The current enforcement environment necessitates that elderly green card holders be vigilant about maintaining their residency status. Understanding legal rights and being prepared with appropriate documentation are crucial steps to ensure the preservation of lawful permanent resident status amid increased scrutiny at U.S. ports of entry.
This is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
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Keshab Raj Seadie, Esq.
View More PostsKeshab Raj Seadie is an immigration lawyer located in New York City and the founder of the Law Offices of Keshab Raj Seadie, PC. The firm has been serving clients for over twenty years, offering counsel and representation in a wide range of immigration law areas.
