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The Administration Needs A Blanket COVID-19 Policy For Returning Green Card Holders

And training should include demonstrating compassion to such people.

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COVID-19 has wreaked havoc across the world in every way possible. As an immigration lawyer, I see up close the incredible toll it’s taken on people and the hardships many have endured.

When COVID-19 lockdowns began in April 2020, many legal permanent residents, also known as green card holders, who had been traveling outside the U.S., got stuck wherever they were. Many unwillingly remained where they were for months, unable to return home for logistical, practical, and health reasons. And as the pandemic continues to rage, surging in certain parts of the world, this is still going on. We need a blanket policy that allows green card holders to return to the U.S. after an extended absence with no questions asked.

Green card holders are legally bound to reside in the U.S. for at least six months of the year. If they are gone for longer — between six and 12 months — there is a rebuttable presumption they’ve abandoned their green card status. And if they travel outside the country for more than 12 months, there is the presumption they have indeed abandoned it.

It’s not been unusual for this to occur over the last year. Clients who had been traveling before and in the early weeks of the pandemic couldn’t return as they intended for many reasons — either because flights were canceled or borders were closed. Some said they needed embassy permission to get on the waitlist to fly or that being high risk, just leaving the house, not to mention a 15-hour plane ride, could have been fatal. There were undoubtedly serious and legitimate reasons for people being unable to return home over the course of months, despite them wanting to do so.

Nonetheless, some green card holders arriving at airports or land borders following extended absences have faced intense interrogation regarding their intentions by U.S. Customs and Border Protection officers (CBP). If CBP officers are convinced someone no longer intends to be a green card holder, the person will be presented with two options. In one, they’d be asked to sign Form I-407, in which they agree to surrender their green cards. In the other, they can be entered into deportation proceedings. Only an immigration judge can take one’s green card away, and the deportation route is intended to ensure that’s the case. You either give up status or go to court. That is why CBP will encourage a person sign the form, so it appears that a person has voluntarily surrendered the green card.

However, it is not as simple as just signing a form. Clients describe being held in a small room alone with five to eight CBP officers, each with a weapon. They describe an atmosphere that is both intimidating and scary. It is hard not to feel duress in that situation, and it’s no wonder some sign the form just to get out of there.

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While there have been some reported cases in which people with 15 to 18 months of absences have been able to return home, there have been some new and disturbing trends. For example, some lawyers have recently reported that some airlines have refused people with such extended absences from boarding flights.

So, what is the solution? As more people get vaccinated, there will be more flexibility for people to travel overseas. But the pandemic is not over. And the Biden administration needs to immediately issue a blanket COVID-19 policy now for legal permanent residents. b Often people travel for six-month periods. And as the first worldwide lockdowns came in April 2020, November 2019 is a logical starting point.

Additionally, the policy memo should be sent to every CBP office in the country and to every airline, along with necessary training. Furthermore, training should include demonstrating compassion to such people. Many have lost loved ones while being stuck in unimaginable circumstances; it happened to one of my clients. In times of crisis, we need compassionate leadership. Now is the time to demonstrate it.

Tahmina Watson is the founding attorney of Watson Immigration Law in Seattle, where she practices US immigration law focusing on business immigration. She has been blogging about immigration law since 2008 and has written numerous articles in many publications. She is the author of Legal Heroes in the Trump Era: Be Inspired. Expand Your Impact. Change the World and The Startup Visa: Key to Job Growth and Economic Prosperity in America.  She is also the founder of The Washington Immigrant Defense Network (WIDEN), which funds and facilitates legal representation in the immigration courtroom, and co-founder of Airport Lawyers, which provided critical services during the early travel bans. Tahmina is regularly quoted in the media and is the host of the podcast Tahmina Talks Immigration. She was recently honored by the Puget Sound Business Journal as one of the 2020 Women of Influence. You can reach her by email at tahmina@watsonimmigrationlaw.com or follow her on Twitter at @tahminawatson.

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