US Green Card holders: Don't sign documents under pressure, experts warn

The credible reports of rough treatment of green card holders and others with valid US visas should give pause to anyone travelling to or from the US, say attorneys

Indian green card holders returning to the United States are encountering tougher scrutiny, with some facing secondary inspections and overnight detentions by US Customs and Border Protection (CBP) officers. According to a report by The Times of India, immigration lawyers have noted an increase in CBP officials questioning elderly Indians who spend extended periods in India. Some have been pressured into voluntarily surrendering their green cards by signing Form I-407.  

 

Under the US Immigration and Nationality Act (INA), green card holders returning after an absence of more than 180 days are treated as seeking re-admission and can be assessed for inadmissibility. While abandonment of residency is usually considered for absences exceeding a year, lawyers say shorter trips are now drawing scrutiny.  

 

 

TOI quoted Ashwin Sharma, a Florida-based immigration attorney saying, “I have personally handled cases where CBP has targeted elderly Indian green card holders, particularly grandparents who have spent a bit longer outside the US. They were pressured to sign Form I-407 to ‘voluntarily’ give up their status. When they resisted, they were threatened with detention or removal by CBP officers emboldened by Trump to act as judge, jury, and executioner.”  

 

Russell A Stamets, Partner at Circle of Counsels, told Business Standard, “The credible reports of rough treatment of green card holders and others with valid US visas should give pause to anyone travelling to or from the US.”  

 

He added, “Green card holders usually have strong individual rights in the US, but the current administration appears to be testing legal and customary protections that have existed for decades. It’s uncertain how courts will respond to this shift.”  

 

What green card holders should do  

 

Ketan Mukhija, Senior Partner at Burgeon Law, advised caution, in response to Business Standard's query:  

 

< Do not sign Form I-407 without consulting an attorney.  

< Green card holders are entitled to due process and cannot lose their status without a hearing before an immigration judge.  

< If detained or pressured at a port of entry, stay calm, request legal counsel, and avoid signing any documents without advice.  

 

Stamets also suggested that travellers prepare for possible scrutiny. “At a minimum, have a plan in case you are pressured to surrender your green card. Stay in touch with family to avoid disappearing into the US legal system. Given the strong ties between India and the US, Indian authorities should ensure Indian travellers receive fair treatment and full legal rights.”  

 

Case of German national raises further concerns  

 

The concerns extend beyond Indian nationals. Fabian Schmidt, a 34-year-old German green card holder, was detained by immigration officers at Logan Airport in Massachusetts on March 7.  

 

Schmidt, a longtime US resident, was returning from a trip to Luxembourg when he was arrested, stripped naked, and interrogated before being moved to the Donald W Wyatt detention facility in Rhode Island. His family says they have not been informed of the reasons for his detention.  

 

Germany is monitoring the treatment of its citizens in the US, with Foreign Ministry spokesman Sebastian Fischer stating on Monday, “We are closely observing these developments.”  

 

Stamets warned that more cases could emerge. “If you legally hold your green card and have done nothing wrong, it’s difficult to see why anyone would give up such a hard-earned right under unfair pressure. The US government is now pursuing a stricter interpretation of immigration law that breaks from decades of past practice. This uncertainty makes long-term planning difficult.”  

 

Indian green card holders in the US  

 

While the exact number of Indian green card holders is unknown, US Citizenship and Immigration Services (USCIS) data shows that more than a million Indians are waiting for green cards.  

 

In FY 2024, Indians were the second-largest group to obtain US citizenship or green cards, with 49,700 naturalisations, making up 6.1% of new citizens.  

Mexico had the highest number of new US citizens.  

In 2023, India was home to the second-largest group of foreign-born US nationals, with 2.83 million people, trailing only Mexico’s 10.6 million. China ranked third, with 2.22 million foreign-born American nationals.  

 

Lawyers advise green card holders to carry documents proving their ties to the US to reduce complications when re-entering.