US Immigration Targets Elderly Indians with Green Cards Amid Scrutiny

Recent immigration policies under the Trump administration affect lawful permanent residents (LPRs), most heavily on elderly people who hold Indian green cards. The U.S. Customs and Border Protection agency currently conducts increased inspections of immigrants spending long durations abroad. This increased caution from border security forces leads some green card holders to face pressure to abandon their permanent resident status, which causes worry among Indian community advocates and immigration attorneys. The blog provides detailed information about these problems backed with recommendations to safeguard the rights of green card holders returning to the United States.

Increased Scrutiny at US Ports of Entry

A lawful permanent resident pursuing re-entry to the United States after staying abroad for longer than 180 days is subject to re-admission procedures according to the U.S. Immigration and Nationality Act (INA). Such situations make them eligible for inadmissibility grounds. Federal immigration officials now scrutinize brief absences from the United States because they have extended their policing beyond the previous 1-year green card abandonment threshold.

Florida immigration attorney Ashwin Sharma has observed a concerning pattern where U.S. Customs and Border Protection directs their attention toward elderly Indian green card holders who stayed outside the country for more than 180 days, especially those who are grandparents. The CBP usually pressures green card holders to submit Form I-407 for abandoning their legal permanent resident status.

Since my recent cases involved elderly Indian green card holders, including grandparents who stayed beyond typical periods outside America, the Customs and Border Protection Force compelled these individuals to give up their immigration status by signing Form I-407. Sharma explained that Indian green card holders immediately encounter threats of detention as well as 'removal' from the CBP officers who now feel authorized by Trump to function as judges while simultaneously serving as jury members and enforcing sentence decisions.

Also Read: Trump Administration Halts Immigration Applications for Biden-Era Migrants

Rights of Green Card Holders

A thorough understanding of their rights when interacting with CBP officials becomes vital for every green card owner during entry port encounters. According to Seattle immigration attorney Kripa Upadhyay, green card holders must never give away their cards, even when officers exert force.

The United States border cannot take away a green card through force unless the individual formally surrenders it by signing Form I-407 voluntarily. All foreign residents who stay outside the United States for more than three hundred sixty-five days will be considered to have broken their residency status. A Green card holder retains their right to court intervention when charged with abandonment, but this defense becomes unavailable after they submit themselves at the airport. Upadhyay stated.

Only a green card revocation decision can be made by a genuine immigration judge. Through the I-407 process, the individual gives up their right to fight abandonment charges through court proceedings.

Protecting Your Permanent Resident Status

Green card holders should take precautions, according to multiple attorneys, to safeguard their permanent residency rights. According to Snehal Batra from NPZ Law Group, people should both understand their rights and collect enough supporting evidence to demonstrate their continued residency as permanent residents.

The power to remove a green card belongs only to immigration judges; thus, individuals must resist signing this form. People fail to grasp this fact because fear accompanies their ignorance and their inability to understand document contents because of language barriers. The elderly green card holders face the most trouble regarding proof of their permanent resident status because they tend to spend winters in India without adequate documentation. Batra stated that possession of properties with tax records and employment records destroys the claim of abandonment.

Documenting Ties to the US

Green card holders need evidence showing their U.S. attachments when seeking re-entry to prevent complications from occurring. These may include:

• A person should maintain proof of property ownership for their U.S. home and other owned properties.

• Tax Returns: Copies of recent U.S. tax returns.

• Employment Records: Proof of current employment in the U.S.

• Regular bank activity is proven by U.S. bank statements.

• Utility Bills: Bills for utilities at a U.S. address.

• A driver's license issued by United States authorities should be maintained as a valid document.

• Additional supporting evidence consists of any paperwork that shows an intention to keep the United States as a permanent home.

Case Examples and Warnings

The preparation experience involved a person who faced secondary inspection during U.S. entry due to traveling to India too often despite remaining outside the United States for under 180 days.

Batra explained how the individual obtained entrance to the country, yet CBP officers informed him to surrender his green card when he lacked permanent residency in the United States.

According to Arlington-based immigration lawyer Rajiv S. Khanna, constant traveling to the U.S. for events does not fulfill the requirement to keep a green card.

I frequently provide advice about green card holders who are absent from the United States. Such individuals usually visit the country every few months but believe their limited frequency satisfies requirements. That is legally incorrect. Green card holders must build and maintain permanent residences in the United States to maintain their immigration status. All activities apart from permanent home maintenance may trigger the US government to terminate green card citizenship, according to Khanna.

According to Jesse Bless, who practices immigration law, the Defense Force can issue removal proceedings against lawful permanent residents with lengthy overseas absences who lack re-entry permits.

What to Do If Confronted by CBP?

Greg Siskin, co-founder of Siskin Susser, observed sky marshals giving forms to passengers on aircraft who requested the return of green cards during the Trump administration era. As per his guidance, people should never give up their credit cards since they must prepare for potential hold-up times.

Form distributions occurred on flights that law enforcement officers known as sky marshals used to collect green cards from travelers; according to Greg Siskin, both travelers and marshals communicated with confused passengers by phone during the former Trump presidency. The process of card surrender remains forbidden for everyone. Those crossing into secondary inspection should bring patience because they may have to spend extended time there. Secondary inspection under CBP control may result in brief or extended detention of persons to the point of overnight detention. According to Siskin, a person maintains their right to receive a court hearing despite CBP potentially detaining them, thus leading judges to oppose the cases; hence, CBP will likely yield to refusals of surrender.

Key Actions to Take

Always keep your green card when speaking with CBP agents because voluntarily surrendering it is strictly forbidden.

• Lawfully Defend Your Rights by a Polite Declaration of Your Need to Speak with an Immigration Attorney.

• Secondary inspection requires all essential documents that can demonstrate your U.S. ties.

• Contact a skilled immigration attorney right away when CBP programmers you to sign Form I-407 or place you in detention.

• You need to inform your family members about their rights and the procedures to reach you in case CBP detains you.

Staying Informed

Green card holders need to monitor new immigration rules and guidelines for themselves. You should meet with immigration attorneys and reliable sources for updates regarding your rights and obligations.

Also Read: The Rise of 'Invest and Migrate': Rich Indians' Path to Global Citizenship

Additional Tips for Green Card Holders:

• Limit Extended Absences: Try to limit the amount of time spent outside the U.S. to less than 180 days per trip.

• Obtain a Re-entry Permit: If you need to stay outside the U.S. for more than one year, apply for a re-entry permit before leaving.

• Maintain a Residence: Maintain a physical residence in the U.S. and ensure it is used as your primary home.

• File U.S. Taxes: File U.S. taxes every year, even if you are living abroad.

• Keep Records: Keep copies of all important documents related to your immigration status and ties to the U.S.

Conclusion

As the Trump administration's immigration policies continue to evolve, it is essential for green card holders, particularly elderly Indian residents, to be vigilant and informed. Understanding your rights, maintaining strong ties to the U.S., and seeking legal counsel when needed are critical steps in protecting your permanent resident status. By staying proactive and prepared, green card holders can navigate the complexities of U.S. immigration law and ensure their continued ability to live and work in the United States.

To stay updated with the latest immigration news, you must contact TerraTern right away!