We’re hearing that Legal Permanent Residents (LPRs who are commonly known as green card holders), are being asked to sign a Form I-407 to surrender their green card when they return to the U.S. The rumors are that it’s happening more often under the new Trump administration. You do not lose your green card status because of foreign travel, even if it’s longer than 6 months. If a Customs and Border Protection (CBP) officer at the airport or land border questions why you’ve gone abroad you explain that your permanent residence remains in the U.S. and explain your ties to the U.S for example that you own a home or have bank accounts and family, why you traveled abroad and why you stayed longer than planned if that happened. The unexpected can happen. Sometimes LPRs travel to their country of origin to visit a sick relative who then becomes more sick and the visit lasts much longer than planned. You don’t have to prove 100% that you did not intend to abandon your LPR status. You only have to it’s more likely than not. Sometimes the officer will pressure you to sign the I-407 form and people believe they have to. You don’t! If all else fails, ask for a hearing before an immigration judge. Ask for proof of your status if they take away your green card – they can stamp your passport. The officer can’t take away your status, even if they take away your card. A judge is the final decision-maker. It’s like losing your green card while in the U.S. Even if you lose the card, you don’t lose your status as a legal permanent residence; you’ve just lost the paper proof of it.
Some people choose to give up their permanent residence status because they decide to return to their home country or elsewhere. That’s fine. If you do so and you sign an I-407 form voluntarily it’s valid. But it’s not valid if it’s signed involuntarily and the government can’t deport you for refusing to sign it. If you refuse to sign, you must be given a Notice to Appear before an immigration judge who will decide.
This is a very serious situation and most people choose to be represented by an immigration attorney. If you know you will be out of the country for over 6 months before you leave, you can apply for a re-entry permit before you leave. That can save you a lot of trouble.
