CBP to Target Elderly Green Card Holders Returning from Trips Abroad

Immigration practitioners have reported a recent increase in secondary inspection and detention of elderly green card holders returning from extended trips abroad.  Some of these encounters have resulted in the elderly returning or relinquishing their green cards and returning home. In general, a permanent resident who spends more than 6 months outside of the United States may be questioned about their intentions to remain a permanent resident. A permanent resident who spends more than a year outside of the United States will be deemed to interrupt the continuity of his or her residence and may have the green card seized upon return.  Even if the card is seized, the returning resident has the right to appear in front of an immigration judge to determine if they have abandoned their residence.  It is important that all residents, especially elderly residents that spend significant time abroad, maintain significant ties to the United States.  Additionally, if extended travel abroad is anticipated, a U.S. re-entry permit can be obtained as evidence of continued residence.  At this moment, it is advised that any international travel be discussed with an immigration attorney prior to departure and a plan of action is put in place for return to avoid delays and problems with readmission. 

Contact your RSPC attorney for additional information or questions.