, specimen of green card

Regarding the executive order, “Protecting the Nation from Foreign Terrorist Entry into the U.S.”, Department of Homeland Security has now clarified that it will allow lawful permanent residents and dual nationals who are US citizens to enter the U.S. However, there have also been reports of CBP (Customs and Border Protection) pressuring permanent residents to give up their green card and return to their countries of origin.

Department of Homeland Security posted in the news section of its web site the following, stating that permanent residents who are citizens of the affected countries will generally be allowed to enter the U.S. in spite of the 90-day travel ban. It also clarifies that U.S. citizens who are dual nationals of one of the seven countries will also be allowed to enter:

“For the next 90 days, nearly all travelers, except U.S. citizens, traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen will be temporarily suspended from entry to the United States. The 90 day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals.

Importantly, however, Lawful Permanent Residents of the United States traveling on a valid I-551 will be allowed to board U.S. bound aircraft and will be assessed for exceptions at arrival ports of entry, as appropriate. The entry of these individuals, subject to national security checks, is in the national interest. Therefore, we expect swift entry for these individuals.

In the first 30 days, DHS will perform a global country-by-country review of the information each country provides when their citizens apply for a U.S. visa or immigration benefit. Countries will then have 60 days to comply with any requests from the U.S. government to update or improve the quality of the information they provide.”

If you are a permanent resident and a citizen of one of the seven countries, you should not allow CBP to pressure you into giving up your green card. CBP agents may try to push you to sign a Form I-407, abandonment of lawful permanent resident status. As a lawful permanent resident, if the US government believes you have abandoned your green card by spending too much time outside the U.S., you have a right to a hearing in front of the immigration judge. You should ask to see the immigration judge, and CBP should parole you into the U.S. for removal proceedings.