(A) SYNOPSIS:
Indian green card holders in the U.S. are increasingly concerned about stringent immigration policies and intensified scrutiny from agencies such as DHS, USCIS, ICE, and CBP. Anxiety has grown further following a recent statement by U.S. Vice President JD Vance, implying that holding a green card does not ensure permanent residency.
(B) INTRODUCTION:
Many Indian green card holders in the U.S. are increasingly concerned as stricter immigration policies and heightened scrutiny from agencies like DHS, USCIS, ICE, and CBP put their status under closer review.
Their worries escalated after U.S. Vice President JD Vance stated that a green card “doesn’t give you an indefinite right to stay in the U.S.,” sparking anxiety among thousands of Indian residents. However, immigration experts say most Indian green card holders have little to fear, even when traveling abroad.
(C) THE RIGHTS AND RECOURSE TO A GREEN CARD HOLDER:
Lawful Permanent Residents (LPRs), commonly known as Green Card holders, have the legal right to re-enter the United States after traveling abroad. However, officers from Customs and Border Protection (CBP) may inspect and question them to verify their continued eligibility for permanent residency.
A green card grants U.S. permanent residency, requiring holders to maintain strong ties to the country. While multiple residences are allowed, the U.S. must be a green card holder’s primary home.
Legal requirements include:
- Residing in the U.S.
- Holding U.S.-based employment
- Filing taxes on global income
- Maintaining U.S. bank accounts
- A driver’s license
Green card holders must keep essential documents valid and updated. One should also file taxes as a resident (1040) rather than a non-resident.
Extended travel outside the U.S. can jeopardize residency. Trips under six months usually pose no issues, but absences between six months and a year may trigger scrutiny. Stays beyond a year without a valid re-entry permit (Form I-131) could be seen as abandoning permanent residency.
With increased scrutiny at ports of entry, carrying key documents when returning from abroad is advisable.
Checklist of documents that green card holders should carry with them for re-entry into the US:
- Previous year’s W-2 form and federal income tax return copy
- Valid and unexpired green card (Form I-551) – Ensure it is unexpired.
- Passport from home country
- Re-entry permit (if applicable) – Needed for those staying abroad for over one year but less than two years
- Pay stubs from current employment (last 3 months)
- Employment verification letter
- US bank account details
- US driver’s license
(D) WHEN CAN A GREEN CARD BE REVOKED AND HOLDER DEPORTED?
Green cards can be revoked for national security risks or criminal activity, but most Indian professionals are law-abiding and tax-paying. As long as they follow U.S. laws, avoid extended stays abroad and maintain strong ties to the country, their status remains secure. Green cards are not automatically at risk unless immigration rules are violated.
Avoiding criminal convictions is crucial, as certain offenses under U.S. immigration laws can lead to deportation. If you maintain permanent residence and have no criminal record, there’s little to worry about. CBP scrutiny usually targets those with residency issues or criminal violations.
For those facing unexpected issues at entry despite compliance, you can request a ‘deferred inspection,’ which allows a green card holder to present evidence and seek legal assistance when meeting CBP officers.
Green card holders facing tough questions at a U.S. border should never sign any forms, including Form I-407 (abandonment of permanent residency), without legal advice—even under CBP pressure. No one is legally required to sign it and CBP cannot revoke a green card without due process.
If a green card is revoked, individuals may still file a motion with USCIS or immigration court or apply for a returning resident visa.
Ultimately, eligible green card holders should consider U.S. citizenship after five years. It’s the best way to secure your status.
(E) WORD OF CAUTION:
Therefore, Green card holders, H-1B Visa Holders and F-1 Visa Holders must comply with U.S. tax laws, filing all required tax returns and paying taxes on global income. Failure to do so can lead to deportation risks or heightened scrutiny from CBP and ICE officers.
The deadline for U.S. tax payment and filing for the 2024 tax year is April 15, 2025. Non-compliance may result in IRS penalties and immigration issues.
As IRS Authorized Enrolled Agents with 10,000+ returns filed, we ensure a smooth, hassle-free tax filing experience.
For expert guidance on cross-border taxation, visit www.rtulsian.com or reach out to us on ishan@rtulsian.com. Call us at +1(585) 8889091 or WhatsApp +91 6289107303 to book your free tax consultation today!
