Immigration attorneys in the United States are witnessing a sharp rise in the number of green card holders being subjected to secondary inspections and even overnight detention at airports by US Customs and Border Protection (CBP) officers.
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A growing concern is that some are being pressured into voluntarily surrendering their green cards, with elderly Indian immigrants being particularly vulnerable.
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Do Not Surrender Your Green Card, Warn Attorneys
Legal experts strongly advise green card holders not to sign Form I-407, which is used to voluntarily give up permanent residency status. Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who has been absent from the US for more than 180 days is treated as seeking re-admission and may be scrutinized for inadmissibility.
What Triggers Green Card Abandonment Claims?
- Absence of over 365 days: CBP officers may claim the individual has abandoned their US residency.
- Extended stays outside the US: Even short-term absences during winter months, common among elderly Indians, are being flagged.
- Frequent long visits abroad: Multiple extended stays could raise red flags.
CBP Officers Allegedly Pressuring Travelers
Florida-based immigration attorney Ashwin Sharma revealed that elderly Indian green card holders are being targeted, especially those who stay in India for a few months. Some individuals are reportedly pressured to sign Form I-407, effectively giving up their lawful permanent residency.
“The moment they push back, they face threats of detention or removal,” Sharma said. He further emphasized that CBP officers have been emboldened to act as judge, jury, and executioner in such cases.
Your Rights as a Green Card Holder
Seattle-based immigration attorney Kripa Upadhyay reiterated that CBP officers cannot revoke a green card unless it is voluntarily surrendered. Even if an individual is accused of abandoning their residency, they have the legal right to challenge it in court.
“If a green card holder has been outside the US for more than a year, they are deemed to have abandoned their residence. However, they still have the right to contest this in court. But if they voluntarily surrender at the airport, they forfeit this right,” Upadhyay explained.
Key Takeaways for Green Card Holders
- Do not sign Form I-407 at the airport.
- Know your rights – CBP officers cannot unilaterally revoke your green card.
- Seek legal counsel if pressured to surrender residency.
- Avoid extended stays outside the US if possible.
- Re-enter the US within 180 days to prevent scrutiny.
With stricter enforcement at US borders, immigration attorneys advise green card holders to be cautious and informed to protect their residency rights.
Should Senior Green Card Holders Face Stricter Scrutiny at US Borders?
No – It’s unfair to long-term residents.
Yes – National security comes first.