US Green Card News: To live permanently in America, one gets a Permanent Residency Card, which people know as Green Card. This card is given to Indian workers and their family members. However, these days Green Card holders are facing problems in America.
US Action on Green Card Holders: Green card holders living in America, especially the elderly, are facing strict scrutiny at the airport when returning to the US. In some cases, the US Customs and Border Protection (CBP) is also detaining them overnight upon reaching the airport. CBP officials are also pressuring them to give up their green cards. This problem is being faced the most by those elderly Indians who come from America to live in India in winters.
However, immigration lawyers have advised the people facing trouble that they should not give up the green card under any circumstances. Lawyers say that green card holders have the option of hearing in front of the immigration judge. Many of the millions of Indians working in America have green cards. Through this, they are allowed to live and work permanently in America. Indian workers can also get green cards for their family members.
When is one considered ineligible for a Green Card?
According to the US Immigration and Nationality Act (INA), a Green Card holder who stays outside the US for more than 180 days is considered a ‘re-admitted’ person upon returning to the country. Such a person faces scrutiny as he is considered ineligible for a Green Card. However, the issue of renouncing the Green Card usually arises when a person stays outside the US for more than a year (365 days). But now the period of stay in India during winter is also being scrutinised.
Pressured to give up green card: Immigration lawyer
Speaking to TOI, Ashwin Sharma, an immigration lawyer from Florida, said, “I have seen recent cases where CBP has targeted elderly Indian green card holders, especially grandparents who spend a significant amount of time outside the US. They have been pressured to ‘voluntarily’ give up their green cards by signing Form I-407. They have been threatened with detention or deportation if they refuse to do so. Trump has made CBP officers judge, jury and executioner.”
How can you lose your green card?
Seattle immigration lawyer Krupa Upadhyaya emphasizes the importance of not renouncing your green card. “Generally, a person’s green card cannot be revoked at the border unless the person ‘voluntarily’ relinquishes it (by signing Form 1-407). If a green card holder stays outside the US for more than 365 days, he or she is considered to have ‘renounced’ his or her residency. If the green card holder is accused of this, he or she can challenge it in court. But if they ‘voluntarily’ relinquish their green card at the airport, they lose this right,” she said.
Immigration Judge has the power to revoke Green Card
“Only an immigration judge can revoke a Green Card, so people should not sign this form,” said Snehal Batra, managing attorney at NPZ Law Group. Sadly, people don’t know this because they are scared, confused, or don’t understand what they are signing because of language barriers.
He further added, “This is a big problem for elderly green card holders who spend the winter months in India. Often, they may not have sufficient evidence to prove that they have maintained their permanent resident status. By submitting documents such as property ownership, tax returns and employment, one can overcome the apprehension of abandoning the green card before CBP.”
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