Contributions to this Column are made by Attorney Caroly Pedersen, Esq. of the American  Immigration Law Center – Call 954-382-5378

Advisory To Green Card Holders At U.S. Border: Don’t Relinquish Your Residency Without a Hearing!

Concerns mount among U.S. Residents (Green Card holders) who plan to travel abroad, amid fears that they will not be allowed to re-enter the U.S. and could have their Green Card taken away at the U.S. border. This comes after reports that Customs & Border Patrol (CBP) officers at airports and other borders have been requesting that Residents relinquish their cards and sign official I-407 forms to “voluntarily” abandoned their status as a “lawful permanent resident of the U.S..

Such actions by CBP officers requesting Green Card holders to voluntarily relinquish their U.S. Residency status is common, in circumstances where a Resident has been absent from the U.S. for a long period of time, including a year or more, or when the traveler otherwise gives information or statements which clearly indicate that he or she does not reside in the U.S..However, recent events at airports have caused heightened alarm among many Residents so much so, that even in emergency circumstances like a death in the family, many fear traveling, even for a brief trip abroad.

U.S. Residents who really do live in the U.S. and who have not been travelling abroad for extended periods of time (180 consecutive days or more) recently, and who do not have any serious criminal convictions, should not fear travelling abroad and do not risk losing their Green Cards when they try to re-enter the U.S..

Here’s a few quick tips:

Take documents with you which show that you actually live in the U.S. like 1) Paystubs for past several months 2) current electric or other utility bill and 3) copy of a current Lease or property Deed and 3) current bank statements which show regular purchases and use of the bank account in U.S.. Note that items such as U.S. Driver’s License or tax return do not necessarily show that a Resident actually lives in the U.S.,  especially if the tax return shows foreign earned income and does not show employment in the U.S.

Never stay outside of the U.S. for more than 179 continuous days at one time, since that not only “resets” the clock for accrual of physical presence for Naturalization purposes, but it is also a potential red flag to the CBP officer that you may not actually reside in the U.S. and can lead to more serious questioning, which can sometimes lead to a request for you to voluntarily relinquish your Green Card.

Understand your rights! You are not required to voluntarily relinquish your Green Card at the border and have the right to request a hearing before an immigration judge and you will be allowed to enter the U.S.  to wait until that hearing. During the hearing, you have the burden of providing substantial documentary proof that you actually reside in the U.S. and that your absence from the U.S. was temporary. It’s always a good idea to have a qualified Immigration attorney to advise and assist you in understanding what kind of proof is required to present your best case to the Judge.

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Finally, as I have advised in the past, things are likely going to get tighter at the airport inspections and other borders. U.S. Residents who do not now live in the U.S. should start making plans to either begin residing here for more periods of time during each year and start establishing documentary proof of residence, like having a lease, utilities, car, insurance, etc in your name. Remember that Residents are required to file U.S. tax returns as Residents and must report worldwide income (but not assets). It’s best to prepare now, rather than face losing your U.S. Residency because you were not better prepared.

Once a Resident loses his or her Green Card, they cannot ever get the same one back, instead, they must start all over again. Sometimes that is possible if you are the parent or spouse of a U.S. Citizen, but in many cases, a Resident obtained their Green Card through a marriage that is now dissolved, or through parents that are now elderly or through siblings and may have to wait a decade or more once the process is started all over again.