Trump’s extreme vetting policies put Green Card holders at risk of losing US residency

During the current Trump administration, the re-introduced extreme vetting policies significantly impact U.S. Green Card holders, increasing scrutiny at the border, prolonging processing times, and raising the risk of residency challenges. These policies are part of a broader effort to tighten immigration enforcement and scrutinize individuals entering or remaining in the United States.

In this environment, even more so than in the past, for lawful permanent residents (LPRs), holding a Green Card is not enough to maintain status; they must also intend to reside permanently in the United States. This requirement is established under Immigration and Nationality Act (INA) §101(a)(20), which defines an LPR as a person granted the right to permanently reside in the U.S.

However, absences from the country can raise questions about whether a Green Card holder has abandoned their residency. The key considerations to mitigate the risk of losing a Green Card include:

• Avoid Prolonged Absences: Extended stays outside the US (typically more than six months) can raise concerns about “abandonment” of LPR status. A stay of one year or more without a re-entry permit can automatically trigger loss of status.
  
• Maintain Strong Ties to the US: Ensure that you maintain a residence, US bank accounts, tax filings, employment, and driver’s license among other things, to establish continued intent to reside in the US.
  
  
• File US Tax Returns as a Resident: Failure to file US taxes or filing as a "non-resident" can be seen as evidence that you do not intend to maintain permanent residence.
  
• Compliance with Criminal and Immigration Laws: Convictions for certain crimes (fraud, aggravated felonies, drug-related offenses, etc.) can lead to removal proceedings and loss of Green Card status.
  
• Renewing the Green Card in Time: Even though the physical Green Card has a 10-year validity, failing to renew it does not invalidate your LPR status but can cause travel and employment complications.
  

Generally, a U.S. Customs and Border Protection (CBP) officer should not deem that one has abandoned his/her green card solely because of an absence of a few months from the U.S. However, the officer may still question whether you have maintained permanent residence based on the circumstances of your trip.

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Re-entry Considerations for Green Card Holders Returning to the US

Indian professionals traveling overseas, including to India, should carefully consider the following before re-entering the US:

• Travel Duration:
  
• A stay of less than six months typically does not raise questions.
  
• A stay of more than six months but less than one year - you are likely to be subject to additional scrutiny upon arrival in the U.S. after the prolonged absence.
  
• A stay beyond one year without a valid Re-entry Permit (Form I-131) may lead to the presumption that you have abandoned your Green Card.
  
• Checklist of Essential Documents to Enter the U.S. after every trip abroad:
  

• Valid Green Card (Form I-551) – Ensure it is unexpired.
  
• Passport from Your Home Country
  
• Re-entry Permit (if applicable) – Needed for those staying abroad for over one year but less than two years.
  
• Proof of US Ties – Carry documents showing strong US ties, including tax filings, mortgage/rental agreements, utility bills, bank statements, and employment verification.
  
• US Tax Returns (Most Recent 2-3 Years) – If traveling for an extended period, this helps demonstrate continued US residency.
  
• Employment Proof – Letter from an employer confirming ongoing work or assignment abroad for a US-based company.
  
• Marriage/Birth Certificates (if applicable) – If traveling with dependents, having these documents can be helpful.
  
• Travel Itinerary – a one way ticket to the U.S. or a ticket that terminates in the U.S. demonstrates your intent to return to/remain in the US.
  

Additional Considerations Upon Arrival:

1. Be prepared for questioning by CBP officers if you have been outside the US for an extended period.
   
2. If you are placed in secondary inspection, remain calm and provide clear responses regarding your ties to the US.
   

Despite providing evidence of your resident status and ties to the U.S., if CBP officer asks you to renounce your Green Card upon arrival, you have several potential recourses depending on the situation:

1. Do Not Sign Form I-407 (Record of Abandonment of LPR Status)
   

• CBP may try to pressure you into signing Form I-407, which formally abandons your lawful permanent resident (LPR) status.
  
• You are not legally required to sign it. If you refuse, CBP cannot unilaterally strip you of your Green Card without due process.
  

1. Request a Deferred Inspection
   

• If CBP claims that you have abandoned your LPR status, you can request a deferred inspection to provide evidence of your continued residency.
  
• This may give you time to gather documents proving that you still maintain ties to the US.
  

1. Ask for a Notice to Appear (NTA)
   

• If CBP insists that you are inadmissible or have abandoned your green card, you can request a Notice to Appear (NTA) before an immigration judge.
  
• This allows you to fight the case in immigration court rather than surrendering your GC at the airport.
  

Options if a Green Card is Revoked

If an individual’s Green Card is revoked, they may have the following legal options:

• File for a Motion to Reopen or Reconsider: If you believe the revocation was incorrect or based on incorrect facts, you can file a motion with the USCIS or the immigration court.
  
• Apply for a Returning Resident Visa (SB-1 Visa): If you were unable to return within one year due to circumstances beyond your control, you may apply at a US Consulate for a Returning Resident Visa (SB-1) to regain your LPR status.
  
• Seek Humanitarian Relief: In limited cases, individuals may qualify for asylum or humanitarian parole if they face persecution or hardship in their home country.
  
• Employer-Sponsored Green Card (EB-2/EB-3): If you lose your Green Card, you may explore options for an employment-based visa with a US employer sponsoring you again.
  
• Marriage-Based or Family-Based Green Card: If you have a US citizen or permanent resident spouse or immediate family member, you may be eligible to re-apply for a Green Card through family sponsorship.
  
• Seek Legal Assistance: If you face deportation proceedings, consult an experienced immigration attorney immediately to explore legal defences.
  

Given the recent heightened scrutiny on Green Card holders, individuals should ensure they comply with all legal and residency requirements to safeguard their permanent resident status. Proper documentation, strong ties to the US, and adherence to immigration laws are key to avoiding unnecessary complications.