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Grupo MedLegal® > Blog > Attorneys > What should you do if you are detained at a US port of entry?

What should you do if you are detained at a US port of entry?

Permanent legal residents of the United States are protected by the Constitution of the country and federal and state laws when it comes to the current migratory situation and the use of Form I-407 (Record of Abandonment of Lawful Permanent Resident Status). But the recent executive orders about immigration signed by President Donald Trump, especially the order to temporarily suspend the refugee program, have alarmed thousands of foreigners with Green Cards.

This means that regardless of their country of origin, permanent legal residents with criminal records or problems with the law related to one of the crimes on the new priority for deportation list announced last week could face difficulties reentering the USA. In addition, the order to carry out “extensive scrutiny” of the background of citizens of Iraq, Iran, Yemen, Syria, Sudan, Libya, and Somalia could be extended at any moment to include other countries.

Recently, Donald Trump, President of the United States, announced the hiring of 10,000 new agents for the ICE, an agency that currently has around 20,000 agents, 6,000 of which work in deportations.

The President, with executive power, has the right to give executive orders; nevertheless, an order can be challenged if it changes or goes against a law approved by Congress.

A judge determined that part of the executive order about the refugee program causes harm to United States residents; those who enter the country and those applying for visas will now have to go through a much more rigorous process.

If you are a legal resident with a Green Card, you need to know the following information about the Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).

Form I-407 is used when an alien wants to inform US Citizenship and Immigration Services (USCIS) that he or she wants to voluntarily abandon his/her status as a permanent resident of the United States.

What is the purpose of the form?

Form I-407 is used by lawful permanent residents who are outside the United States or at a Port of Entry who want to abandon LPR status. Generally, a parent’s abandonment of LPR status can be imputed to any minor children who return abroad with the parent. If a parent, guardian, or custodian chooses to file a separate Form I-407 on behalf of a minor child, the parent, custodian, or guardian must demonstrate that he or she has custody of the minor.

Form I-407 is also used by Department of Homeland Security (DHS) officers and Department of State (DOS) consular officers to record the facts relating to permanent resident aliens who abandon LPR status during an in-person interview or by correspondence.

What should you do if detained at a port of entry?

If an agent of the CBP is refusing entry to a resident, he or she can ask to see an immigration judge.

What should you do if you are asked to abandon your residency or sign a Form I-407?

DO NOT sign any document until you see an immigration judge or you have your lawyer with you.

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