Elderly Indian Green Card holders forced to ‘voluntarily’ give up residency at US airports
Elderly Indian Green Card holders are currently facing significant challenges at U.S. airports, with reports indicating that U.S. Customs and Border Protection (CBP) officers are pressuring them to “voluntarily” surrender their residency status. This situation has escalated particularly for those who spend extended periods in India, often during the winter months.
Pressure to Sign Form I-407: Many elderly Indian Green Card holders are being coerced into signing Form I-407, which relinquishes their lawful permanent resident status. Immigration attorney Ashwin Sharma highlighted that those who resist this pressure face threats of detention or removal by CBP officers.
Increased Scrutiny: Reports indicate a rise in secondary inspections and overnight detentions for these individuals, especially targeting those who have been outside the U.S. for more than 180 days. Under U.S. immigration law, such absences can lead to claims of abandonment of residency.
Legal Rights: Attorneys advise against signing the form under duress. Kripa Upadhyay, another immigration attorney, emphasized that a Green Card cannot be revoked unless the holder voluntarily surrenders it. Even if a holder has been outside the U.S. for over a year, they retain the right to contest abandonment claims in court unless they sign away their rights at the airport.
This crackdown appears to be influenced by recent immigration policies and rhetoric from political figures, including President Donald Trump and Vice-President JD Vance, who have suggested that Green Card holders do not have an indefinite right to remain in the U.S.. The situation has raised alarms among immigration advocates who argue that this practice disproportionately affects elderly individuals who may not fully understand their rights or the implications of signing such forms under pressure.
Recommendations for Affected Individuals
Do Not Sign Under Pressure: Green Card holders should be cautious and avoid signing Form I-407 at airports without fully understanding their rights.
Document Residency: Those spending extended periods abroad should maintain documentation that supports their residency claims, such as property ownership and tax returns.
Seek Legal Assistance: It is advisable for individuals facing such scrutiny to consult with immigration attorneys who can provide guidance on how to navigate these challenges effectively.
The ongoing situation highlights the complexities and vulnerabilities faced by elderly Indian immigrants in the U.S., particularly as they navigate both cultural ties and legal obligations related to their residency status.
