Sign Or Face Detention - Elderly Indian Green Card Holders Are Threatened
Green card holders, especially older Indians, are increasingly being exposed to additional screenings, overnight detention, and pressure to renounce their legal status at US airports, which has immigration lawyers alarmed. According to a source, US Customs and Border Protection (CBP) officials are focusing their scrutiny on people who spend a lot of time abroad, particularly those who spend the winter in India.
CBP officers have specifically targeted elderly indian green card holders, "particularly grandparents who happen to have spent a bit longer outside the US," according to a TOI report that quotes immigration lawyer Ashwin Sharma of Florida, who claims that CBP officers have forced these individuals to sign Form I-407 to "voluntarily" give up their status as lawful permanent residents. "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," Sharma said.
'Do Not Surrender Your Green Cards'
Green card holders should never give up their cards under duress, according to immigration lawyer Kripa Upadhyay of Seattle. "In general, unless a person 'voluntarily' surrenders (by signing Form I-407), the data-border cannot withdraw their green card. A green card holder is considered to have 'abandoned' their abode if they have been away from the country for more than 365 days.
"The green card holder has the right to contest this in court, even if it is an allegation, but they forfeit this right if they 'voluntarily' surrender at the airport." Lawful permanent residents (LPRs) who travel outside the united states for more than 180 days are deemed to be seeking "re-admission" under the Immigration and Nationality Act (INA), according to immigration experts.
Even shorter absences are increasingly being scrutinized further, even though it is usually assumed that someone has abandoned their green card when they have been abroad for more than a year. Many elderly green card holders, especially those with low english ability, might not fully understand the repercussions of signing Form I-407, according to Snehal Batra, managing attorney at NPZ Law Group. "People shouldn't sign this document because only an immigration judge has the authority to revoke a green card.
Sadly, people are unaware of this because they are scared, perplexed, or unable to understand what they are signing because of a language barrier. She said that people might use records like tax returns, work histories, and property ownership records to disprove the presumption of abandonment. Batra also described a situation in which a lawful permanent resident who had spent a considerable amount of time in india but had been in the US for more than six years was put under secondary inspection. CBP agents examined his travel history and cautioned him to renounce his green card if he was not residing in the US continuously, even though he never spent more than six months abroad.
"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 US permanently," according to a report by TOI. Rajiv S. Khanna, an immigration lawyer in Arlington, had similar worries. "When green card holders are not residing in the US, this is one of the frequent situations on which I have given consultations. They could think it's enough to come every few months. Legally, that is wrong. Establishing and keeping up a permanent residence in the US is necessary to keep a green card.
Failure to do so may result in "lifting the green card" for abandonment. While "sky marshals 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," Greg Siskin, co-founder of Siskin Susser, recalled the harsh enforcement practices of the previous trump administration. According to him, people should never give up their green cards under duress.
"People should not give up their cards. However, they have to be ready to wait in secondary inspection for a while. A person might potentially be held overnight by a CBP officer. However, a person has the right to a hearing before a court, and most judges will not be pleased to hear these cases, so I have a suspicion that CBP would give in if someone is adamant about refusing to surrender."
CBP officers have specifically targeted elderly indian green card holders, "particularly grandparents who happen to have spent a bit longer outside the US," according to a TOI report that quotes immigration lawyer Ashwin Sharma of Florida, who claims that CBP officers have forced these individuals to sign Form I-407 to "voluntarily" give up their status as lawful permanent residents. "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," Sharma said.
'Do Not Surrender Your Green Cards'
Green card holders should never give up their cards under duress, according to immigration lawyer Kripa Upadhyay of Seattle. "In general, unless a person 'voluntarily' surrenders (by signing Form I-407), the data-border cannot withdraw their green card. A green card holder is considered to have 'abandoned' their abode if they have been away from the country for more than 365 days.
"The green card holder has the right to contest this in court, even if it is an allegation, but they forfeit this right if they 'voluntarily' surrender at the airport." Lawful permanent residents (LPRs) who travel outside the united states for more than 180 days are deemed to be seeking "re-admission" under the Immigration and Nationality Act (INA), according to immigration experts.
Even shorter absences are increasingly being scrutinized further, even though it is usually assumed that someone has abandoned their green card when they have been abroad for more than a year. Many elderly green card holders, especially those with low english ability, might not fully understand the repercussions of signing Form I-407, according to Snehal Batra, managing attorney at NPZ Law Group. "People shouldn't sign this document because only an immigration judge has the authority to revoke a green card.
Sadly, people are unaware of this because they are scared, perplexed, or unable to understand what they are signing because of a language barrier. She said that people might use records like tax returns, work histories, and property ownership records to disprove the presumption of abandonment. Batra also described a situation in which a lawful permanent resident who had spent a considerable amount of time in india but had been in the US for more than six years was put under secondary inspection. CBP agents examined his travel history and cautioned him to renounce his green card if he was not residing in the US continuously, even though he never spent more than six months abroad.
"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 US permanently," according to a report by TOI. Rajiv S. Khanna, an immigration lawyer in Arlington, had similar worries. "When green card holders are not residing in the US, this is one of the frequent situations on which I have given consultations. They could think it's enough to come every few months. Legally, that is wrong. Establishing and keeping up a permanent residence in the US is necessary to keep a green card.
Failure to do so may result in "lifting the green card" for abandonment. While "sky marshals 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," Greg Siskin, co-founder of Siskin Susser, recalled the harsh enforcement practices of the previous trump administration. According to him, people should never give up their green cards under duress.
"People should not give up their cards. However, they have to be ready to wait in secondary inspection for a while. A person might potentially be held overnight by a CBP officer. However, a person has the right to a hearing before a court, and most judges will not be pleased to hear these cases, so I have a suspicion that CBP would give in if someone is adamant about refusing to surrender."