Many green card holders are unaware that they can quickly, and potentially accidentally, sign away their lawful permanent resident status at a US port of entry. In a recent situation described on social media, a green card holder was pressured by a Customs and Border Protection officer to sign a Form I-407 Record of Abandonment of Lawful Permanent Resident Status and accidentally abandoned their green card status.

An immigration officer may ask green card holders to confirm whether they have given up permanent US residency at a US port of entry. Common triggers for this line of questioning include an absence of approximately 6 months or more from the US. However, green card holders must understand that they are not required to abandon their lawful permanent resident status in such a situation and can always defend their situation or request legal counsel as necessary – abandoning permanent resident status via a Form I-407 is a voluntary action.

Moreover, green card holders should be aware that options for recourse include refusing to sign a Form I-407, seeking legal counsel, seeking the right to be heard by an immigration judge, or contacting the consulate of their country of origin. Preemptively, green card holders may maintain documents demonstrating ongoing US permanent residency such as mortgage and utility payments, tax or employer pay records, driver’s licenses, etc.

Generally, we would not expect an immigration officer to pressure green card holders to abandon their lawful permanent residency at a US port of entry. However, green card holders should always be aware of their rights and the methods they may employ to defend them.