Recent Media reports indicated that Indian Green Card holders, especially elderly individuals who spend winters in India, are facing intense scrutiny at US airports.
How Did This Happen?
It appears that the US Customs and Border Protection (CBP) officers have been pressuring them to sign Form I-407 to ‘voluntarily’ surrender their permanent residency reportedly.
In response to this some of the elderly Indians who tried to push back have been met with threats of ‘detention’ or ‘removal’ by the CBP officers.
This appears to be the backdrop of the series of immigration-related executive orders which was earlier announced by US President Donald Trump after his return to the White House.
Holding a Green Card does not grant an indefinite right to remain in the country, said US Vice-President JD Vance, whose wife is an Indian-American.
Further, Vance said, “For a green card holder, even if I might like that green card holder, he does not have an indefinite right to be in the United States of America,” during a media interaction.
Here, they were talking about a Green Card, which is officially known as a Permanent Resident Card which allows an individual to live and work permanently in the United States.
Pressurized For ‘Voluntarily’ Surrendering Green Card
Confirming the same, a Florida-based immigration attorney, Ashwin Sharma said that he has handled several cases where elderly Indian Green Card holders were met with expulsion threats.
He further added, “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 US, and pressured them to sign Form I-407 to ‘voluntarily’ surrender their lawful permanent resident status (green card).”
“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,” Ashwin said.
No Need To Surrender Your Green Card
The Green Card cannot be revoked unless the holder ‘voluntarily’ surrenders it, said
Another immigration attorney based in Seattle,
Kripa Upadhyay urged individuals not to sign Form I-407 under pressure.
“If a Green Card holder has spent more than 365 days out of the US 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!” Kripa explained.
The Green Card holders living abroad for more than 180 days are considered to be seeking ‘re-admission’ and could face inadmissibility upon their return to the US, under the Immigration and Nationality Act (INA).
Usually this risk of abandonment applies to those staying outside the country for over a year.
But now, shorter winter stays in India are being closely scrutinised.
