Dark Mode
Trump administration’s tight immigration policies have raised fears among Green Card holders, some reporting detentions and pressure to give up residency at U.S. airports and ports of entry.
As of January 1, 2024, there are 12.8 million Green Card holders. Their lawful permanent resident status allows them to:
- Live and work in the United States.
- Get Social Security and Medicare.
- Use student financial aid.
- Travel freely abroad and be absent from the U.S. for up to a year,
- Apply for U.S. citizenship after five years of residency (or three if married to a U.S. citizen), under the condition they’ve spent at least 913 days physically in the country.
If they’ve committed a crime, Green Card holders might be denied re-entry into the U.S. or even deported.
Under the present stricter border enforcement and broader definitions of risk, immigration attorneys warn that trips longer than six months may raise red flags, leading to pressure to sign Green Card abandonment forms and potentially resetting the naturalization timeline.
“Customs and Border Protection has taken on treating lawful permanent residents in a similar vein that they treat visitors and students, which is that they are going to be the judge and jury,” Brad Bernstein, Managing Partner at The Law Offices of Spar & Bernstein, to The New York Times.
One of his clients was detained at a Florida airport after a three-month business trip and asked to give up their Green Card. The client refused and was eventually admitted into the U.S., but said the experience made them feel unwelcome.
To avoid issues at the border, immigration attorneys advise Green Card holders who are planning trips abroad for more than six months to apply for a reentry permit so they can prove their intent to maintain U.S. residency.
If they don’t receive the permit by the time they leave the U.S., they should have their application with them as proof they intend to keep their residency.
About Law Offices of Spar & Bernstein P.C.
Founded in 1958, The Law Offices of Spar & Bernstein, P.C. specialize in immigration and personal injury.
The firm handles all phases of immigration, from permanent residence and green cards to training and investor visas, work visas, corporate immigration, family immigration, violations of immigration law, and deportation defense.
Law Offices of Spar & Bernstein, P.C. also offer legal representation in personal injury cases, including construction and motor vehicle accidents, wrongful death and medical malpractice, premise accidents, product liability, and more.
Contact information:
- Name: Victoria Minervino
- Email: [email protected]
- (646) 617-9450