Immigration attorneys report a rise in secondary inspections and voluntary green card surrender requests, especially for elderly Indian residents
Immigration attorneys are reporting a surge in cases where Green Card holders, including many elderly Indians, are facing heightened scrutiny and even overnight detention by U.S. Customs and Border Protection (CBP) officers. These individuals, primarily elderly Green Card holders who reside with their children in the U.S. but spend extended periods in India during the winter, are being subjected to secondary inspections upon reentry to the U.S.
In some cases, CBP officers are pressuring travelers to voluntarily relinquish their Green Card status by signing Form I-407. This form is used for the voluntary abandonment of lawful permanent residency. Attorneys have raised concerns, particularly about elderly Indians who, after spending a few months in India, find themselves at risk of losing their lawful permanent resident status.
Ashwin Sharma, an immigration attorney from Florida, shared his experience with the Times of India (TOI), stating, “I have personally handled cases where CBP has targeted elderly Indian Green Card holders, especially grandparents who spent longer periods outside the U.S., pressuring them to sign away their status.” Sharma added that those who resisted were often met with threats of detention or deportation.
According to the Immigration and Nationality Act (INA), a Green Card holder who has been absent from the U.S. for over 180 days is considered to be seeking "re-admission" and may face inadmissibility grounds. Although the issue typically arises after a year of absence, even extended winter stays in India are now under greater scrutiny. Attorneys are advising Green Card holders to never voluntarily surrender their status, as it can jeopardize their future in the U.S.
