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Nia Simpson
Increased Scrutiny of Indian Green Card Holders: Understanding Rights and Recourse
Indian Green Card holders are under heightened scrutiny in the U.S., raising concerns about their rights and the risk of deportation. They maintain the right to live and work in the U.S. but face legal obligations. While Green Cards can be revoked for serious infractions, awareness of their rights and legal recourse is critical for Indian residents in the U.S.
Indian Green Card holders are facing heightened scrutiny from the U.S. government, bringing concerns about citizenship, immigration, and potential deportation. While many anticipated a crackdown on illegal immigration, the increased examination of Green Card holders was unexpected. With 49,700 Indians obtaining citizenship or Green Cards in FY 2024, it is crucial for them to understand their rights and available resources in the face of expulsion threats.
Lawful Permanent Residents (LPRs), or Green Card holders, possess the legal right to re-enter the U.S. following international travel. However, they may encounter inspections by Customs and Border Protection (CBP) officers to determine their continued eligibility for residency. According to the U.S. Citizenship and Immigration Services (USCIS), Green Card holders can “live permanently in the United States provided you do not commit any actions that would make you removable under immigration law.”
Green Card holders are permitted to engage in employment for which they qualify, but certain job positions are reserved for U.S. citizens due to security considerations. The USCIS emphasizes that LPRs must adhere to U.S. laws, file income tax returns, and report their income to the IRS and state tax authorities. Additionally, they are expected to support a democratic government without the right to vote in federal or local elections and must register with the Selective Service if they are males aged 18 to 25.
In cases where a visa is unjustly revoked, individuals may seek recourse through requesting reconsideration at the issuing consulate or challenging the revocation in a federal court. There are established procedural guidelines for appealing revocations.
Green Cards can be revoked, and holders may face deportation for several reasons, including marriage fraud, criminal activity, and violations of immigration laws. Immigration experts note that despite Green Cards typically expiring after ten years, the residency status does not lapse as long as legal requirements are met. Loss of Green Card status usually involves a notice to appear before an immigration judge.
Concerns have been raised regarding elderly Indian Green Card holders facing increased scrutiny at airports and being pressured into relinquishing their permanent residency. Immigration attorneys report that some elderly individuals, especially those who have spent extended periods abroad, are coerced into signing Form I-407 to “voluntarily” surrender their residency. Despite the limited cases of deportation currently reported, Indian Green Card holders must remain informed about their rights and legal pathways in situations leading to potential deportation.
The situation of Indian Green Card holders facing increased scrutiny highlights the need for awareness regarding their rights and recourse options. Although they possess significant legal rights, violations of immigration laws and other legal issues can lead to revocation of residency. It remains essential for these individuals to be informed of their legal standing and available assistance in navigating complex immigration challenges.
Original Source: www.indiatoday.in
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