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.

Incidents at Ports of Entry

Law Offices of Keshab Raj Seadie, P.C. as well as other 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.

Rights and Recommendations for Green Card Holders

• 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.

Conclusion

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.