Trump’s extreme vetting policies put Green Card holders at risk of losing US residency

Trump administration, the re-introduced extreme vetting policies significantly impact U.S. Green Card holders, increasing scrutiny at the border, prolonging processing times, and raising the risk of residency challenges.

These policies are part of a broader effort to tighten immigration enforcement and scrutinize individuals entering or remaining in the United States.

In this environment, even more so than in the past, for lawful permanent residents (LPRs), holding a Green Card is not enough to maintain status; they must also intend to reside permanently in the United States. This requirement is established under Immigration and Nationality Act (INA) §101(a)(20), which defines an LPR as a person granted the right to permanently reside in the U.S.

However, absences from the country can raise questions about whether a Green Card holder has abandoned their residency.

The key considerations to mitigate the risk of losing a Green Card include:

• Avoid Prolonged Absences: Extended stays outside the US (typically more than six months) can raise concerns about “abandonment” of LPR status. A stay of one year or more without a re-entry permit can automatically trigger loss of status.
  
• Maintain Strong Ties to the US: Ensure that you maintain a residence, US bank accounts, tax filings, employment, and driver’s license among other things, to establish continued intent to reside in the US.
  
  
• File US Tax Returns as a Resident: Failure to file US taxes or filing as a «non-resident» can be seen as evidence that you do not intend to