After the Trump administration put in place new immigration enforcement rules, US Green Card holders, also called lawful permanent residents (LPRs), are said to be facing more scrutiny when they return to the country.
A lot of immigration lawyers say that more and more LPRs who come back from travels abroad are being questioned a lot at airports and, in some cases, not being allowed to enter the United States. Officials say the main goal is to find out if these people may have lost their US residency by spending significant periods of time outside the country.
More checks on residents who are coming back
Lawful permanent residents are finding out that immigration agents may now give them more thorough examinations when they travel abroad on a regular basis. Reports say that the US Customs and Border Protection (CBP) has been told to check if travelers have enough ties to the US, like having a home, a job, and tax records.
Immigration experts say that anyone who stay outside the US for a year or more may lose their Green Card status unless they fill out Form I-131 and apply for a reentry visa before they leave the country.
“Even if you’ve been out of the country for more than six months but less than a year, your return might make people wonder if you’ve given up your permanent residence status,” said US immigration lawyer Abhisha Parikh in a social media post.
She went on to say that those who are gone for more than a year usually need a re-entry permission, and not getting one could cause legal problems or possibly loss of residency rights.
The USCIS Green Card Rule says
The US Citizenship and Immigration Services (USCIS) says that those with Green Cards can live, work, and travel freely in the US. To keep their legal status, however, they must live there all the time.
USCIS says that if you spend more than a year outside the US without a reentry permission, you may automatically lose your permanent resident status. In certain situations, immigration agents might send people before an immigration court to find out if their residency is legal.
Immigration lawyers say that LPRs should have strong ties to the US, like having a permanent home, a job, and filing taxes on time, to show that they are still committed to living in the US.
The Big Picture
The Trump administration’s harsher position on immigration, which aims to address perceived loopholes and tighten border controls, is what led to the greater emphasis on enforcement. Immigration groups are worried about the move because they say that long-term residents with legal status are being harassed for no reason.
Legal experts continue to tell Green Card holders to plan their visits carefully, remain up to date on changing legislation, and talk to immigration lawyers before going abroad for a long time.