Officials at US airports are pressuring elderly Indian Green Card holders to "voluntarily" sign Form I-407, relinquishing their residency.
Indian Green Card holders are being closely examined at US airports, especially those who are elderly and spend the winter in India. They have reportedly been under pressure from US Customs and Border Protection (CBP) officials to sign Form I-407 in order to "voluntarily" give up their permanent residence. The CBP agents have threatened to "detain" or "remove" the old Indians who have attempted to resist.
The crackdown comes after US President Donald Trump issued a number of executive orders pertaining to immigration following his return to the White House. Having a Green Card does not give you the right to stay in the country indefinitely, according to US Vice-President JD Vance, whose wife is Indian-American. Goan NRIs, particularly those who spend extended periods in India, may be affected by these actions.
Since they often travel back and forth between the US and India, they could face pressure from US Customs and Border Protection (CBP) officials at airports, especially if they are elderly. The scrutiny surrounding the voluntary relinquishment of their Green Cards, especially for those who spend more time in India than in the US, could lead to significant concerns. The current crackdown is a direct result of the stricter immigration policies enforced after President Donald Trump's executive orders, which may disproportionately impact the Goan NRI community.
According to immigration lawyer Ashwin Sharma of Florida, he has dealt with a number of situations in which senior Indian Green Card holders were threatened with expulsion.
The CBP has targeted elderly Indian green card holders, especially grandparents who have lived outside the United States for a longer period of time, and pressured them to sign Form I-407 to "voluntarily" give up their lawful permanent resident status (green card), Sharma said. The CBP officials, who have been empowered by Trump to view themselves as judge, jury, and executioner, have threatened to detain or "remove" them whenever they have attempted to resist, he continued.
Green Card holders should decline to sign the paperwork at American airports, according to Snehal Batra, managing attorney of NPZ Law Group. She said that only an immigration judge has the power to cancel a Green Card, and that people who spend the winter in India can prove they haven't left the country by presenting proof of employment, tax records, and property ownership.
According to immigration lawyer Jesse Bless, "lawful permanent residents who have been outside the United States for more than a year (without a re-entry permission) are receiving a notice to appear in removal proceedings."
Green Card holders who have been residing overseas for more than 180 days are deemed to be seeking "re-admission" under the Immigration and Nationality Act (INA), and thus may not be admitted back to the US. Even shorter winter stays in India are increasingly being attentively examined, even though the risk of desertion usually only applies to individuals who are abroad for more than a year.
However, this is not the first instance in which individuals have been compelled to renounce their permanent residence. Officials even distributed Form I-407 on aircraft during the previous Trump administration, pressing passengers to surrender their Green Cards in midair.
Greg Siskin, co-founder of the American immigration law firm Siskin Susser, said, "During the previous Trump administration, sky marshals were passing out forms on planes asking people to surrender their green cards and people were calling and texting from the planes asking what to do."
"People must not give up their cards," he continued. However, they have to be ready to wait in secondary inspection for a while. A person might potentially be held overnight by a CBP officer.
However, if someone is insistent about refusing to surrender, I expect CBP would give in because everyone has the right to a hearing before a court, and most judges will not be pleased to have these cases before them.
(This story is published from a syndicated feed)