Many Lawful Permanent Residents (LPRs) of the United States, also called green card holders, and legal immigrants reported being stopped after time abroad and asked by Customs and Border Protection (CBP) officials to sign a Form I-407. A Form I-407, or a Record of Abandonment of Lawful Permanent Resident Status, tells U.S. Customs and Immigration Services (USCIS) that the signer is willingly abandoning their status as a Lawful Permanent Resident. This allows CBP to deny the signer re-entry into the U.S. and deport them.

These incidents are happening disproportionately to LPRs and immigrants from certain countries, and to those not fluent in English. Legal immigrants and Lawful Permanent Residents seeking re-entry into the U.S. generally have the same rights at U.S. ports of entry. It’s therefore paramount that all immigrants and Lawful Permanent Residents are aware of their rights at U.S. ports of entry, so they are not tricked or pressured into signing away their status.

As a legal immigrant/Lawful Permanent Resident of the United States:

  • You cannot lose your LPR status solely because of time spent abroad.
  • You remain an LPR unless the government proves abandonment by clear, unequivocal, and convincing evidence and an order of removal is issued by an immigration judge and becomes final.
  • You have every right to REFUSE signing a Form I-407, even if a officers at U.S. ports of entry say you must.

If, for whatever reason, you are detained by CBP, know that:

  • You have the right to ask CBP for permission to speak to an attorney, note that CBP officers may deny your request.
  • You have the right to contact the consulate of your country of origin for assistance. If CBP gave your permission to speak with an attorney, you can contact your attorney via the consulate. If they did not, you could still contact the consulate, and they can contact your family members or other individuals who can get you legal representation.
  • You have the right to review all written statements that are prepared for you, in a language that you can understand. Non-English speaking LPRs have the same rights as those who speak English.
  • You have the right to refuse to sign any documents prepared for you. CPB cannot force, coerce, or forge your signature.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.

Lawful Permanent Resident