Immigration attorneys are reporting a rise in the number of green card holders, including Indian nationals, being subjected to secondary inspections and even overnight detentions at U.S. airports by Customs and Border Protection (CBP) officers. In some instances, individuals are being pressured to voluntarily relinquish their green cards. Among those most vulnerable are elderly Indian immigrants who reside with their children in the United States but spend the winter months in India.
Legal experts emphasize a crucial piece of advice: never surrender a green card. Holders of this status have the right to present their case before an immigration judge.
Lawyers Warn Against Voluntarily Surrendering Green Cards
Under the Immigration and Nationality Act (INA), lawful permanent residents (LPRs), commonly known as green card holders, who remain outside the U.S. for more than 180 daysare considered to be seeking “re-admission” and are therefore subject to grounds of inadmissibility. Generally, concerns about the abandonment of green card status arise when a holder remains outside the U.S. for over a year. However, even shorter absences—such as seasonal stays in India—are now drawing heightened scrutiny.
Ashwin Sharma, an immigration attorney based in Florida, shared his experience with such cases. “I have personally handled cases recently where the CBP has targeted elderly Indian green card holders, particularly grandparents who happen to have spent a bit longer outside the U.S., and pressured them to sign Form I-407 to ‘voluntarily’ surrender their lawful permanent resident status (green card). And the moment they have tried to push back, they have been met with threats of detention or ‘removal’ by the CBP officers who have been emboldened by Trump to see themselves as judge, jury, and executioner,” he stated.
Seattle-based immigration attorney Kripa Upadhyay underscored the importance of resisting pressure to surrender the green card. “Generally, an individual’s green card cannot be revoked by the border unless the person ‘voluntarily’ surrenders (by signing Form I-407). If a green card holder has spent more than 365 days out of the U.S., they are deemed to have ‘abandoned’ their residence. Even if this is the allegation, the green card holder has the right to challenge this in court, but they lose this right if they ‘voluntarily’ surrender at the airport!”
The Importance of Documentation in Proving Permanent Residence
Snehal Batra, managing attorney at NPZ Law Group, emphasized that only an immigration judge has the authority to revoke a green card. “Only an immigration judge can take away a green card, so individuals should not sign this form. Unfortunately, people do not realize this because they are afraid, confused, or do not understand what they are signing due to language barriers. This is a particular problem for our elderly green card holders who spend winter months in India and may not have sufficient evidence to prove maintenance of permanent resident status. Through documentation such as ownership of property, tax returns, and employment, one can overcome a presumption of abandonment,” she explained.
Batra cited an example of a green card holder who faced secondary inspection because he had spent significant time in India since acquiring his lawful permanent resident status over six years ago. Although he never exceeded the six-month (180-day) absence threshold, CBP officers scrutinized his travel history, determining that he returned to the U.S. primarily to retain his green card status rather than to live permanently in the country. “He was lucky this time and was admitted into the country but warned by CBP to give up his green card if he was not living in the U.S. on a permanent basis,” she noted.
Misconceptions About Green Card Maintenance
Rajiv S. Khanna, an immigration attorney based in Arlington, issued a word of caution to those who believe that periodic visits to the U.S. are enough to retain their green card. “One of the common scenarios that I have provided consultations on is when green card holders are not living in the U.S. They may visit every few months and consider that to be sufficient. That is legally incorrect. Maintaining a green card requires establishing and maintaining a permanent home in the U.S. Anything short of that can be grounds for ‘lifting the green card’ for abandonment,” he warned.
Jesse Bless, another immigration attorney, echoed this sentiment. “Lawful permanent residents who are outside the U.S. for more than a year (without a re-entry permit) are getting a notice to appear in removal proceedings,” he said.
Increased Enforcement Under the Trump Administration
Greg Siskin, co-founder of the immigration law firm Siskin Susser, recalled instances during the previous Trump administration where CBP officials went to extreme lengths to encourage green card surrenders. “During the previous Trump administration, there were sky marshals who were passing forms out on planes asking people to surrender their green cards, and people were calling and texting from the planes asking what to do. People need to not surrender their cards. But they must be prepared to sit for a while in secondary inspection. It is possible a CBP officer could even detain a person overnight. But a person is entitled to a hearing in front of a judge, and most judges are not going to be happy about these cases going in front of them, so I suspect CBP will cave in if a person is adamant about not surrendering,” he explained.
Protecting Green Card Status: Steps to Take
Given the increased scrutiny faced by green card holders, particularly those who spend extended periods outside the U.S., immigration attorneys recommend taking proactive steps to demonstrate continued residency.
- Avoid Extended Absences: Whenever possible, green card holders should avoid remaining outside the U.S. for extended periods, particularly for more than 180 days. If travel is necessary, securing a re-entry permit before leaving can provide additional protection.
- Maintain U.S. Ties: Demonstrating strong ties to the U.S. can help counter claims of abandonment. This includes keeping a primary residence, filing U.S. tax returns as a resident, maintaining U.S. bank accounts, and having employment or business interests in the country.
- Keep Detailed Documentation: Green card holders should retain records that prove their commitment to residing in the U.S. This includes home ownership or lease agreements, utility bills, tax returns, and evidence of family ties in the country.
- Seek Legal Advice: If subjected to secondary inspection or pressured to surrender a green card, individuals should remain firm and request legal counsel. Signing Form I-407 voluntarily waives the right to a hearing before an immigration judge, a step that could be difficult to reverse later.
- Understand the Risks: Those who frequently travel abroad should be aware that merely returning to the U.S. at regular intervals is insufficient to maintain green card status. A pattern of long absences may prompt CBP officers to question residency intentions.
Conclusion
The growing number of green card holders, especially elderly Indian immigrants, facing scrutiny at U.S. ports of entry highlights the need for vigilance. With reports of CBP officers pressuring individuals to surrender their green cards, immigration attorneys stress that lawful permanent residents must not sign Form I-407 without fully understanding the consequences.
As immigration policies continue to be enforced strictly, it is crucial for green card holders to stay informed, document their residency, and seek legal assistance when necessary. In cases of secondary inspection or threats of removal, asserting the right to a hearing before an immigration judge can make a significant difference in protecting one’s lawful permanent resident status.