Green card holders warned to be careful travelling out of US
Published:Monday | February 17, 2025 | 9:46 AMLester Hinds/Gleaner Writer
Jamaican holders of American green cards are being warned against becoming complacent in adhering to the requirements for maintaining the legitimacy of the card when travelling outside of the United States (US).
The caution comes from Jamaican immigration attorneys and advocates amid stepped up immigration enforcement efforts in the US. The immigration clampdown, under President Donald Trump who returned to the White House less than a month ago, has been accompanied by reports of cases in which green card holders returning to the country in possible breach of the time allowed for them to be away have been asked to sign I-407 forms. The I-407 is a Record of Abandonment of Lawful Permanent Resident Status and is used to indicate that an individual is voluntarily abandoning their status as a lawful permanent resident of the US.
In light of these reports, the immigration attorneys are urging green card holders accused of being in violation of the rules not to sign any forms presented to them by immigration officers at ports of entry into the US. Instead, the attorney advised them to request placement before an immigration judge who will determine whether they are in fact in violation.
Immigration attorney Wayne Golding told The Gleaner yesterday that while green card holders can stay out of the US for up to one year, he advises that they seek to return to the US as soon as possible before the time expires.
“There is information flying all over the place, and this information is coming from people with no legal background and is being done to frighten people and to get business,” he said.
Golding told The Gleaner that immigration officials at ports of entry can question a green card holder if it is believed that the person has overstayed his or her time out of the country.
“There may be reasons why the person had to overstay being out of the country, and this can be explained to the judge,” he said in indicating why an audience should be sought with an immigration judge before signing any form.
He further explained that a green card holder who might have to stay out of the US beyond the one-year limit can apply for a re-entry permit, and this will allow the person to remain outside of the country for up to two years without a loss of status and having to face questioning on re-entering the US.
Golding stressed, however, that this re-entry permit must be applied for before the green card holder leaves the US.
Winston Tucker, another immigration attorney, told The Gleaner that green card holders should be aware of what the rules are, and if they are in doubt, should consult a reputable immigration attorney for advice.
“If you are doubtful, seek legal advice before you leave the country,” he cautioned.
Tucker further stated, like Golding, that an individual should not sign any form presented to them by an immigration office at a port of entry but should ask to see an immigration judge.
He noted that due to the stepped-up focus on immigration, there has been increased vigilance, and green card holders should be aware of this as well as know their rights.
Tucker said a request to sign an I-407 form may be specific to someone who has overstayed his or her time outside the US, and so green card holders should seek to adhere to the rules governing how long they can stay out of the US without their being deemed to have abandoned their legal status.
Tucker said one way to avoid being hassled at a port of entry is for those who are eligible for citizenship to apply to become citizens.
Irwin Clare, head of the Queens-based Caribbean Immigration Services, also told The Gleaner that Jamaican green card holders should seek to adhere to the rules governing how long they are allowed to remain outside the US without being deemed to have abandoned their legal status.
“In this heightened immigration atmosphere, it pays for everyone to be mindful of the rules and how violating such rules can affect a person’s legal status,” he told The Gleaner.