As a result of the Trump Administration's increased border security measures, Green Card Holders (Lawful Permanent Residents) are being detained and questioned more frequently at US Ports of Entry (airports and land borders). This post provides information on common reasons for detention, procedures to follow if detained, and how to minimize risk for questioning at the Border.
Travel has always been a risk to status for Green Card Holders, especially those with criminal charges (even if dismissed), or those whose time in the USA fails to meet physical presence requirements (more on this below). Customs and Border Protection (CBP) Officers have the authority to question and detain Green Card Holders in "secondary inspection" if there are concerns regarding their immigration status. However, today, returning residents are facing increased questioning, and for new grounds such as Free Speech activity, increasing fears and making the immigration landscape less predictable.
For What Reasons Can Green Card Holders Be Subject to Detention/Questioning at Ports of Entry?
Upon arrival in the USA, all travelers, including US Citizens and Green Card Holders, must undergo inspection by Customs and Border Protection (CBP) Officers. While the majority of Green Card Holders currently pass through without incident, certain circumstances may trigger additional scrutiny.
Criminal Record – Even dismissed or minor criminal charges have always been a trigger for secondary inspection or possible deportation, including minor marijuana charges in legal states.
Extended Absence from the U.S. – Green Card holders are expected to make the USA their permanent home. Taking trips for longer than 180 days in one go, or spending more than half of the year outside of the USA can lead increased scrutiny and questioning.
Self-Deportation – If a Green Card holder travels while in removal proceedings, this can be considered "self deportation" and they may not allowed to reenter the USA.
Immigration Fraud – If the underlying basis for receiving the initial green card was thought to have been a result of fraud or misrepresentation, the Green Card could be revoked. For example, if a marriage-based green card were based on a fraudulent marriage, or if an employment-based green card were based on a non-existent job or company.
Anti-Administration Social Media Posts or Internet Activity - While the above have always been problematic for Green Card Holders, Customs and Border Protection is now also targeting entrants with social media and internet posts that are not aligned with views of the Trump Administration, leading to increased questioning, detentions and possible removals. Remember that CBP has the right to search phones and computers. If these devices contain social media or email apps, the information and opinions in those apps can easily be accessed.
President Trump signed a number of Executive Orders related to Immigration on his first day in office. One of the most profound is the Executive Order entitled "Protecting the Meaning and Value of American Citizenship". This Order reverses a longstanding law established in 1857 known as "Birthright Citizenship." Birthright Citizenship means that...
Ever since the election, the most common question I get during consultations is "How is Immigration Policy going to change under Trump?"
The good news is that the American Immigration Lawyer's Association (AILA) just hosted a roundtable discussing these anticipated changes, focusing on family immigration. And for the bad news: the changes are going to make most filings more difficult. Here's how...
AILA (American Immigration Lawyers Association) has alerted members that the USCIS Final Fee Rule could be published as a final rule within the next few weeks.
The White House's Office of Information and Regulatory Affairs (OIRA) received the final rule containing the new fees on Monday, January 8, 2024. Although OIRA typically has up to 90 days to complete its review, the Administration may prioritize finalizing this rule as it has been eight years since the last fee increase...
American Immigration Lawyers Association (AILA) has posted an ALERT to all of its members warning that USCIS could issue a new fee hike very soon. The alert states as follows:
"AILA alerts members that the USCIS Final Fee Rule could be published as a final rule within the next few weeks. The White House's Office of Information and Regulatory Affairs (OIRA) received the final rule containing the new fees on Monday, January 8, 2024, as described below...
The H-1B Masters Cap has been reached! Yesterday, USCIS officially notified the H-1B community that a sufficient number of H-1B Masters Cap petitions have been submitted to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 Advanced Degree Cap.
Petitioners who had registered their potential employees for the H-1B lottery will begin to receive non-selection notices through their online accounts over the next few days. Read more below...
PITTSBURGH — This city jumped into action multiple times recently amid rumors that buses of migrants would be arriving here from the U.S.-Mexico border. The emergency operations center and Red Cross were activated, temporary camps for men and women and children were identified, and interpreters from throughout Southwestern Pennsylvania were put on standby...
Immigration Lawyers must be prepared for the inevitability of a USCIS delay so that when the issue arises, there is a plan of action in place. While the large majority of lawyer-filed cases are approved within expected timeframes, USCIS delays do happen and any delay is a delay too many.
The American Immigration Lawyer's Association (AILA) has just released an information sheet addressing these delays, the primary audience being those who have filed without lawyer assistance and find themselves waiting months and months with no work from Immigration... More information from AILA below:
U.S. Citizenship and Immigration Services has finally launched a new online form for individuals and their attorneys to request an in-person appointment at their local field office without having to call the USCIS Contact Center.
This online appointment request form allows individuals or their legal representatives to request an in-person appointment at a local Field Office only for:
U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
For an applicant to be eligible for an initial EAD based on compelling circumstances, they must meet the following eligibility requirements:
On March 16, 2023, USCIS announced a new procedure to obtain ADIT stamps, which constitute temporary evidence of permanent residence, typically issued while Form I-90, I-751, or N-400 applications are pending. This new procedure is due to USCIS delays in processing these applications. For more information, continue reading below...
In our communities, ICE often encounters people who are parents of minor children or who may be the legal guardians of a child or an incapacitated adult. Last summer, the Biden administration released a “policy directive” or instructions for ICE officers on how to handle these situations. The instructions include things ICE officers must do when they arrest a parent or legal guardian. Many of these instructions are about who will take care of minor children or incapacitated adults if ICE separates them from their parents or legal guardians. The
instructions put the responsibility on ICE to make sure that they do not abuse the “fundamental interests” (i.e., rights) of parents, legal guardians, and their minor child(ren) or incapacitated
H-1B season is upon us! If you have an employee you would like to sponsor, now is the time to start planning. For your convenience, we are distributing the below fact sheet through AILA. Please reach out for any questions via "Schedule a Consultation."
