Know Your Rights

A green card holder who is attempting to enter the U.S. should not automatically surrender the green card if asked to do so by a CBP border agent. An individual does not lose green card status as a result of time abroad. He or she remains a permanent resident ( LPR ) until a final order of removal is issued by an immigration judge.

The government must prove abandonment by clear, unequivocal, and convincing evidence, a high burden of proof for the government.

There are no potential negative consequences in refusing to sign form Form I-407. You cannot be detained in an immigration detention facility. Instead, a green card holder who refuses to sign Form I-407 must be issued a Notice to Appear (NTA) in court so that an immigration judge can determine whether they have lost the LPR status.

If the green card is confiscated and you are given an NTA for court, you must be provided with alternative evidence of your green card LPR status, such as an I-94 or passport stamp that says “Evidence of Temporary Residence.”