You are a U.S. permanent resident returning to the U.S. from an overseas trip. You are tired. Not only that, but you are trying to rush home to take a nap. Instead, you were stuck at immigration. You were asked to follow the immigration officers to a separate room. You are questioned about your background and travel history, why you traveled, for how long, etc. Your dreams of relaxation are shattered. Worse, after being interrogated for what seems to be an eternity, you are asked to give up your green card by signing a document! Stop!
Many U.S. green card holders travel internationally for business or personal reasons. Some of them may not realize that their lengthy departures have resulted in the "abandonment" of their lawful permanent resident status. The U.S. green card confers permanent residency to a foreign national to live and work in America. The green card holder is expected to resident permanently in the U.S. The law creates a legal presumption that one has given up her green card by not returning to the country for more than 6 months. A one-year departure can be viewed as conclusive evidence of one's abandonment of her permanent resident status. There are other circumstances that may create such a presumption.
However, legal permanent residents should not automatically surrender their green cards when asked to do so. An individual does not automatically lose her green card as a result of time spent abroad. Under the law, the government must prove abandonment by clear, unequivocal, and convincing evidence. It means that although a legal resident's actions may suggest that she has given up her residency status, she still have the right to present evidence to defend herself in court.
The Form I-407 is used when a green card holder wants to give up her permanent resident status. When returning from overseas travel, they are sometimes asked to sign the Form I-407 at the airport. It is important to note that this form must be signed knowingly and voluntarily. Legal residents should not feel obligated or pressured to sign this form if they are not certain about their rights. If a legal resident refuses to sign Form I-407, the immigration officer should issue a Notice to Appear (NTA) to request an immigration judge to hear the case. The legal resident may then present testimony and evidence to prove that she has not given up her lawful permanent resident status.
To prove that one has not given up her lawful permanent resident status, a person may present evidence of their ties to the U.S. Documents showing their family ties, assets owned, employment history, and filing of income tax returns are helpful. The purposes for their visit outside the U.S., especially explanation of any lengthy departures, are all relevant information.
If a legal resident's green card is taken away by the Department of Homeland Security, she should request for temporary proof of their legal resident status, including an I-94 form or a passport stamp that says "Evidence of Temporary Residence." It is important to understand that a lawful permanent resident does not lose her status unless and until a final decision has been made by the immigration court or other authorized entities.
To avoid being accused of abandoning one's legal status, a legal resident should understand the law well, plan their international travel carefully, and take measures to avoid abandonment. If lengthy foreign travel is necessary, one should consult with an experience immigration attorney in advance.
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