If you are a U.S. permanent resident and spend extended time outside the U.S., authorities may scrutinize your return. They might believe you abandoned your residency and send you to immigration court to defend your green card. Knowing how to protect your residency is crucial in these cases. Immigration court can feel overwhelming, but understanding the process and preparing can help. This blog post will explain what to expect in court. It will also provide practical tips for defending your green card after a prolonged absence.
Why You May Be Referred to Immigration Court to Defend Your Green Card
A prolonged absence from the United States can raise questions about your intent to reside in the country permanently. As a green card holder, you are expected to maintain your residency in the US, and absences of more than six months can lead to heightened scrutiny from Customs and Border Protection (CBP) officers at the port of entry.
- Absence of More Than 6 Months: If you have been outside the US for more than six months, CBP officers may question whether you intend to continue residing in the United States.
- Absence of More Than 1 Year: If you have been outside the US for over a year without a valid reentry permit, your green card status may be at risk. You may be referred to immigration court, where you must prove that you did not intend to abandon your residency.
What to Expect in Immigration Court
If you are referred to immigration court to defend your green card, you must attend a removal hearing. This is a legal proceeding where an immigration judge will decide if you should keep your green card. They will also decide if they should revoke your residency. This is essentially an immigration court defense for green card holders.
- Notice to Appear (NTA): The process begins with a Notice to Appear (NTA), which is a document that informs you of the charges against you and the date of your hearing.
- Master Calendar Hearing: The first hearing is usually a Master Calendar Hearing, where the judge reviews the charges and sets the schedule for future hearings.
- Individual Hearing: After the Master Calendar Hearing, you will have an Individual Hearing, where you can present evidence and testify about why you should retain your green card.
How to Defend Your Green Card in Immigration Court
To successfully defend your green card in immigration court, you must show you did not abandon your US residency. You must also demonstrate your intent to continue living in the US. Defending your green card in immigration court requires solid evidence and preparation. You need to prove your ongoing commitment to residing in the United States. Here are some steps to take to build a strong defense:
- Gather Evidence of Ties to the US
- Property Ownership: If you own property in the United States, provide deeds or mortgage statements showing that you maintain a home in the US.
- Employment: Provide evidence of your employment in the United States, such as pay stubs, employment contracts, or letters from your employer.
- Family Ties: Show evidence that you have family members residing in the United States, such as birth certificates, marriage certificates, or affidavits from family members.
- Explain the Reasons for Your Extended Absence
- Medical Records: If your extended absence was due to a medical emergency, provide medical records, hospital reports, or letters from healthcare providers to explain why you could not return sooner.
- Unforeseen Circumstances: If other unforeseen circumstances prevented your return, such as a natural disaster or a family crisis, provide documentation to support your claim.
- Consult an Immigration Attorney
- Defending your green card in immigration court can be complex, and it is highly advisable to seek the help of an experienced immigration attorney. An attorney can help you prepare your case, gather evidence, and represent you in court.
Potential Outcomes of an Immigration Court Case To Defend Your Green Card
The outcome of an immigration court case can vary depending on the evidence presented and the circumstances of your absence. Possible outcomes include:
- Retaining Your Green Card: If you can prove that you did not intend to abandon your residency and that your ties to the United States are strong, the judge may allow you to keep your green card.
- Voluntary Departure: If the judge determines that you no longer qualify as a permanent resident but are willing to leave the US voluntarily, you may be granted voluntary departure. This allows you to leave the country without a formal removal order on your record.
- Removal Order: If the judge finds that you have abandoned your residency and do not qualify for any relief, you may be subject to a removal order requiring you to leave the United States.
Tips for Protecting Your Residency Status
To avoid being referred to immigration court, take proactive steps to protect your green card status. This is especially important during extended travel:
- Apply for a Reentry Permit: If you plan to be outside the United States for more than six months, apply for a reentry permit to show that you intend to return and maintain your residency.
- Maintain Strong Ties to the US: To demonstrate your ongoing ties to the country, keep a US address, maintain employment, file US taxes, and keep financial accounts in the US.
- Avoid Long Absences: Do not travel outside the United States for more than six months at a time. If you must be away for an extended period, take steps to document your intent to return.
Securing Your Future: Successfully Defending Your Green Card in Immigration Court
Defending your green card in immigration court after a prolonged absence can be challenging. With proper preparation and evidence, you can retain your residency status in a green card immigration hearing. Demonstrate your ongoing ties to the United States and provide a valid explanation for your extended absence. This can help you build a solid case to defend your green card. If facing an immigration court proceeding, consult an experienced attorney to ensure you are fully prepared. This will help you protect your residency.
Are you facing immigration court after an extended absence from the United States? Contact Law Offices of Osas Iyamu, LLC for Immigration guidance on defending your green card and protecting your residency status!