Indian Green Card Holders Need Not Panic

Once seen as a symbol of security, the Green Card now comes with growing uncertainty and scrutiny at U.S. borders.

The last few months have not been kind to most immigrants who travelled to the United States of America in search of better prospects. Right from the day President Donald Trump took charge of the USA, he dropped shocking decisions on key issues that seemed no less than surgical strikes. Most Indians who had NRI relatives residing in the USA with legitimate documents were not worried up until now. However, recent media reports claim that Indian Green Card holders are experiencing increasing scrutiny and expulsion threats; experts have pointed out that people who are legally residing in the US and have not engaged in any anti-US activities have nothing to worry about. Mumbai-based Overseas Visa Consultant Karan Gupta said, “Notably, elderly Indian immigrants who divide their time between the U.S. and India have reported heightened inspections and, in some cases, pressure to relinquish their green cards upon re-entry. These actions underscore a shift towards stricter enforcement of residency requirements, challenging the traditional perception of permanent residency as a guarantee of stability.”

What is a green card?

A green card, also known as a permanent resident card, is an identity document that shows a person has permanent residency in the United States. Reports suggest that as of 2023, there are approximately 12.7 million green card holders, with 9 million eligible to become U.S. citizens.

Green card holders can live and work in the U.S. without restrictions, travel internationally, and return to the U.S. without issues. Green card holders can also apply for U.S. citizenship after meeting eligibility requirements. They are eligible for federal benefits, such as Social Security and Medicare. There are various types of green cards like Family-Based Green Cards which cover immediate relatives of U.S. citizens or permanent residents. Employment-based green cards cover foreign workers with specialised skills or education. The Diversity Visa Program is a lottery-based programme for individuals from countries with low immigration rates to the U.S.

Can Green Cards be revoked?

Historically, obtaining a green card has been viewed as achieving stability and security in the U.S. However, recent developments have introduced uncertainties for green card holders. Increased scrutiny at borders, especially for those spending extended periods abroad, has led to situations where individuals are questioned about their residency intentions. Gupta pointed out that even a green card can be revoked under these specific circumstances:

• Abandonment of Residency: Spending extended periods outside the U.S. without demonstrating intent to maintain permanent residence can be interpreted as abandonment.

• Criminal Activity: Convictions for certain crimes can lead to deportation and loss of permanent resident status.

• Fraudulent Activities: Providing false information or engaging in fraud to obtain the green card.

• Engaging in activities against the US

• The Revocation Process

  
  

The U.S. Citizenship and Immigration Services (USCIS) sends a notice to the Green Card holder stating the grounds for revocation. The Green Card holder has the opportunity to respond to the notice and provide evidence to refute the grounds for revocation. If the Green Card holder responds, a hearing is scheduled before an immigration judge. The immigration judge makes a final decision on whether to revoke the green card. In case the green card holder loses the argument, the individual loses their permanent resident status and green card. The individual may also be placed in removal proceedings and deported from the USA. The individual may also be rendered ineligible for future immigration benefits, including re-entry into the USA. The individual can appeal the immigration judge's decision to the Board of Immigration Appeals (BIA). If the BIA upholds the decision, the individual can appeal to a federal court.

Should senior citizens worry?

While Indian-origin Green Card holders do not have to worry, they will certainly have to be careful that they don’t engage in activities that are perceived as being against the US. However, senior citizens who usually spend the harsh winters in India have to be careful because another primary concern that is important to note is whether these individuals have maintained their permanent resident status or have effectively abandoned it by residing outside the U.S. for prolonged periods.

Indians residing in the United States have been under constant pressure since Trump took over, with the fear of their future in the country being jeopardised. From a crackdown on immigrants to birthright citizenship cancellation to now, tightened security and checks on Green Card holders. Indians have been haunted by the fear of being deported any minute despite having a valid visa or a green card that’s supposed to be one step before citizenship. While a President cannot revoke someone’s green card as quick action out of a whim, procedural changes can lead to such revocations. However, interestingly, while people give up hopes to fight it out, Gupta says, “Individuals facing visa revocations or green card cancellations should consider seeking legal counsel.”