The Duality of Residence: Navigating Life with a US Green Card

Recently, the US Customs and Border Protection agency has been stopping green card holders at various ports of entry, asking them to sign forms relinquishing their lawful permanent resident status.

Many are left wondering: How is this even possible? Is it lawful? Can they force me to give up my green card?

The answer, unfortunately, is yes. When you applied for your green card, you declared your intention to reside in the US. However, many green card holders travel frequently to their birth countries or other destinations. If you are not working and contributing to the US economy, it raises the question: Are you truly residing in the US?

Additionally, many green card holders choose to stay outside the US for several months, often just under the 6-month limit. Despite this, US Customs and Border agents still need to determine your admissibility. If your travel pattern shows that you are in the US for only 2-3 months a year, it implies that you have been outside the US for 9-10 months (though not consecutively). You may be stopped for additional processing and can be asked to relinquish your green card. However, as a green card holder, this is a voluntary act. You do not have to sign the form. Even if they threaten to keep the card, you have the right to counsel and should request the same.

To avoid the unpleasant experience of being stopped, green card holders who travel frequently should ensure the following:

File for a reentry permit before departing the US if you intend to remain outside for more than 6 months.
Review your criminal convictions and speak to an attorney before departing the US.
Ensure your child support is paid up and not in arrears.
File for your citizenship as soon as you are eligible.

For more information about dual residences and immigration, contact us at 929-610-0074 or visit www.melniacordislaw.com.