I was quoted in the Times of India recently on the growing scrutiny of elderly green card holders (Legal Permanent Residents/LPRs) at U.S. ports of entry. Some are facing secondary inspections and pressure from CBP to voluntarily surrender their green cards by signing a Form I-407, often without understanding the long-term consequences.
While the full extent of this shift is difficult to quantify, there are clear signs that CBP has adopted a stricter approach in its adjudications, particularly for LPRs who have spent significant time outside the U.S. Under the Biden administration, more discretion was generally exercised in these cases, but CBP has always had the authority to determine whether an individual has abandoned their status. Now, under the Trump 2.0 administration, we are already seeing a move toward more rigid adjudications for all non-citizens – not just green card holders. This heightened scrutiny aligns with the administration’s broader immigration enforcement trends, as seen in the increased detainment and deportation of visa and green card holders facing detainment and deportation for a range of reasons.
As I had blogged about in some detail back in January 2017, the best way to protect LPR status is to understand the regulations and avoid government scrutiny whenever possible – especially when discretion from adjudicating officers is increasingly uncertain. Immigration laws are strict and must be followed precisely, yet many LPRs continue to rely on misunderstandings about their obligations, for example, the belief that simply making a yearly back visit to the U.S. is sufficient to maintain their permanent residence indefinitely. That is not the case. The CBP and USCIS consider multiple factors when assessing whether an LPR has maintained residency, and the amount of time spent outside the U.S. is just one of them (though perhaps one of the more important considerations).
Further, even if an absence is under a year, and the LPR presents a valid green card for admission, that alone does not necessarily establish the requisite intent to reside permanently in the U.S. LPRs must take proactive, affirmative steps to protect their status. If they come under government scrutiny – whether due to frequent or extended absences, prior legal issues, or any other factors this administration chooses to target – they risk strict adjudication and enforcement. Waiting until you’re at the border to address these issues is a mistake. The time to prepare is now.
Below, I’ve outlined some steps LPRs could take to help minimize scrutiny and protect their status:
1. What can elderly green card holders do to prepare ahead of time, before they return to the US from an extended stay?
When elderly green card holders (LPRs) spend significant time outside the U.S., preparation is key to avoiding allegations of having abandoned their permanent resident status. If they intend to maintain their residency, they must document strong ties to the U.S. before returning. This includes, if applicable, filing U.S. tax returns as a resident (not nonresident), maintaining evidence of a U.S. residence (whether through ownership, a lease, or proof of unrestricted access to a relative’s home), keeping active U.S. bank accounts, and holding a valid U.S. driver’s license or state ID. Additional factors that strengthen their case include maintaining U.S. insurance, utility bills, and other financial transactions that show an intent for continued presence in the U.S.
LPRs should also be mindful of their ties to their home country – the fewer ties they have abroad (such as employment or immediate family), the stronger their U.S. residency claim. If they are actively winding down affairs overseas (reducing their foreign presence), such as selling property, that can further establish their intent to reside in the U.S. permanently. If delays in returning were due to extenuating circumstances (e.g., in the past we had COVID-19 travel bans or medical issues, but it could also be that an LPR’s U.S. employer required them abroad, etc), they should be ready to provide supporting evidence. For those with limited English proficiency, carrying a letter in English summarizing their U.S. ties, reasons for travel, and continued intent to live in the U.S. can help during CBP questioning.
For LPRs anticipating extended absences, obtaining a Reentry Permit (Form I-131) before departure is strongly recommended. While it does not guarantee reentry, an approved reentry permit helps counter presumptions of abandonment and provides additional protection when reentering the U.S.
2. If they do face pressure at the US entry point, what can they do?
CBP officers cannot unilaterally revoke an LPR’s status, but they may attempt to pressure green card holders into signing Form I-407 (Record of Abandonment of Lawful Permanent Resident Status). If an LPR does not intend to give up their green card or permanent residence in the U.S., they should not sign this form. In these situations, it is crucial to stay calm but firm. While some CBP officers may be aggressive or persuasive, LPRs have the right to a hearing before an immigration judge and are not required to sign Form I-407. They should always be truthful while standing firm in asserting their rights.
Again, providing clear documentation of U.S. ties – such as filing U.S. tax returns, proof of a U.S. residence, family connections, and U.S. bills/financial records – can help rebut any claims of abandonment. Having a reasonable explanation for their time abroad, supported by evidence such as medical records or family obligations, can also be very beneficial.
If a CBP officer issues a Notice to Appear (NTA) for removal proceedings in immigration court, the LPR should contact an immigration attorney to prepare their case. An immigration judge, and not CBP, will determine whether they have abandoned their status. In court, the LPR will have the opportunity to present evidence and argue against the allegations of abandonment.
3. What can LPRs do to avoid such scrutiny?
To minimize scrutiny, LPRs should keep each trip abroad under 180 days to avoid being classified as “seeking readmission.” However, even if individual absences are shorter, a pattern of frequent, extended stays abroad can still raise red flags. In general, the more time an LPR spends in the U.S., the stronger their case for maintaining residency, especially if they plan to apply for naturalization in the future. Unlike green card holders, U.S. citizens are not subject to abandonment rules, making naturalization the best long-term safeguard against these issues.
The bottom line is this: LPRs who spend extended time outside the U.S. without strong, documented ties to the country and clear evidence of their intent to maintain permanent residence risk being deemed to have abandoned their status. Intent alone is not enough; CBP/immigration authorities assess actual proof, not just claims of intent.
To protect their LPR status, individuals must engage in proactive planning and maintain substantial evidence of their U.S. residency, including:
- Limiting prolonged or frequent absences abroad to avoid scrutiny.
- Maintaining strong U.S. ties, such as family ties, homeownership (or a lease, or other unrestricted access to a U.S. residence), tax filings, utility bills, bank accounts, and active U.S. employment.
- Minimizing foreign ties that could suggest permanent residence elsewhere.
- Obtaining a Reentry Permit (Form I-131) to help rebut abandonment claims.
LPRs should be prepared to justify any long absences with supporting documentation, assert their legal rights at the border, and refuse to sign Form I-407 under pressure if they do not intend to relinquish their status.
