Today we'll talk about the five top reasons why green card holders are being detained at airports right now and what can you do about it if you're a green card holder to protect yourself and make the transition coming into United States much easier.
So first of all, let's understand what are some of the rights that green card holders have. Yes, you have a green card. It's called permanent residence card, but it's not really permanent. It's only good for 10 years and you have to keep renewing it every 10 years. Green card holders cannot vote in the elections, and any criminal issue could cause you to either get deported or lose your green card. So green cards are never permanent. They're permanent in the sense that you don't have to apply for a work visa. You can work whatever you want. You're free to do many things, but you still have limitations, specifically about traveling outside of the United States, spending time overseas, or being subject to any criminal violations, which we'll talk about all these right now.
But why are so many green card holders being detained right now? You hear the stories of a British green card holder that was coming back to United States and was detained for seven hours at the airport, and then he was sent to immigration jail for two weeks. Why did this happen to him? You will know in a second, but let's go over the first reason why green card holders are being detained at airports.
The number one reason why green card holders are being detained and sometimes sent to immigration jail is past criminal convictions. That green card holder from England had a DUI 15 years ago. Because of that DUI, he was flagged in the system and that caused the immigration to send him into secondary inspection. They questioned him further, and that criminal conviction from 15 years ago got him not only detained but he's also sent to immigration jail pending revocation of his green card.
So guys, if you have past criminal convictions, petty theft, anything DUIs, do not travel right now. Speak with an immigration attorney to analyze your records before you consider traveling, because guess what? You will be detained right now at the airport and even jailed. So remember, this will change probably in the next month or so.If you have previous criminal convictions and you have a green card,We don't think you should travel.
Remember, CBP has access to databases that can pull immigration records and criminal records up to 25 years and more. So just because the conviction was a long time ago doesn't mean they forgot about it or they don't know about it. They have access to it and you should be vigilant and remember to protect yourself.
The number two reason why green card holders get detained at airports and get threatened to take away their green cards is lengthy absences from the United States. If you spend more than 6 months outside the United States, they'll question you. If you spend more than a year, they'll send you to secondary, and they're going to try to pressure you to give up your green card by signing form I-407. Never sign this form, guys. Never sign this form. They can't force you to do it. And many, many green card holders are now signing these forms and losing their green cards.
If you're a green card holder, only a judge can take your green card away. Stay strong. Never sign that form. And always insist on seeing a judge. Always come back with proof to show them that you have not abandoned your residency, guys. It's very important because if they determine that you abandoned your residency, they'll pressure you to sign that form, and you will lose your green card. Never sign that form.
Reason number three, why are they taking those green cards? Why are they putting people into secondary inspection? The reason is immigration violations or fraud concerns. Sometimes CBP officers will detain you if they believe there's some fraud or misrepresentation.
For example, a recent case: somebody was coming back with a conditional green card, two-year green card, and the immigration officer sent them to inspection, secondary inspection, and they determined that they no longer reside with their spouse, even though they filed the application to remove conditions as if they're still together. Well, the immigration officer investigated further, checked their phone, determined that not only they're not living anymore with their spouse, but they're now in a different relationship. That was a reason for them to take their green card, cancel the green card, and they send and then issue a notice to appear to court because they detected fraud in this green card holder's case.
Could be other things. Could be immigrants that came here. They already have a green card. They got a green card through asylum. But now they went back to the home country, and the immigration officer determined that was fraud when they got the green card and they are now questioning the green card holder. Why did you travel to this country? And now they're in jail and detention. So be very mindful of what you tell them, what is in your phone, what you bring with you, so they don't think that what you're doing constitutes fraud or misrepresentation.
Another big reason why some green card holders are now being detained and losing their cards, number four, increased immigration enforcement since January 20th with all the new executive orders. There are so many executive orders to talk аbout: internal security, more vetting. That's what they're doing. They're checking people. They have access to databases. They can know who you are, what you do. And sometimes your name can be flagged.
We have a case where a green card holder was traveling back. His name was on a list that matched the list on the government's list. They thought he was that person, but that was the reason for them to detain him for five hours. Eventually, he was cleared, but that name check flagged him in the system and he was sent to secondary inspection. So, remember, these increased vettings will be also applicable to green card holders and they'll be impacted by these extra screenings.
And remember, right now CBP officers have extra power. They have more discretion and they can stop people for any reason, even if you're a green card holder. So be mindful of that.
So, what can you do as a green card holder? What can you do to protect yourself and make sure these things are not going to happen to you?
Number one: travel prepared. If you're a green card holder, carry proof of ties to the US, tax returns, address proof. Make sure that they know that you're living in the United States and you just left for travel.
Number two: know your history. If you have legal issues, if you have any convictions before you travel, talk to an immigration attorney, talk to a criminal attorney. Do not leave the country if you had past convictions, even as a green card holder.
Number three: don't sign anything. If they pressure you to sign forms, I-407, as a green card holder, do not sign the form. As a green card holder, only a judge can take away your green card. Maintain that right. Stay strong and don't lose your green card.
Number five: stay calm and stay focused. You can always request to speak with your attorney and never, never get anxious at the border. Maintain your composure and tell them, "I'm a green card holder. I do have the right to call my attorney. I know their number and I want to call them right now."
And there you have it, guys. Green card holders sometimes face detention because they either have criminal convictions, because they've left the country too long, because they committed fraud or misrepresentation, or because of the extra vetting. You know it's happening right now. You're a green card holder. Protect yourself.
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