Immigration Corner | Will my mother lose her green card?

Dear Mrs Walker-Huntington,

I have a serious question for you. My mom, sister and brother have been in the United States (US) for two years now. However, they will be coming to Jamaica in July/August to bury my grandfather. They are currently green card holders. They were filed for by my grandfather before he passed away. His body was shipped out recently, so my mom will be travelling with her sister, who is a citizen, while my siblings will be travelling alone.

With the recent video that I saw circulating, and based on the narrations, the individuals stated that their green cards were revoked while they attempted to travel to Jamaica for vacation. This has to do with Trump’s newly signed executive order. Do my mom and siblings have to worry about coming here for the funeral?

– M.S.

Dear M.S.,

I know that from time to time videos and audios make the round on social media and other communications apps concerning US immigration. It is always best for someone to get their individual situation analysed by an immigration attorney if they have concerns about their immigration status.

I do not know which video you are specifically referring to, and this makes it impossible to direct a response. If your mother and family, as green card holders, reside in the United States and are travelling to Jamaica, they should not encounter any prohibitions on their travels. However, if they have outstanding warrants or if they are suspected as drug smugglers and/or money launderers, they can be stopped and questioned as they attempt to leave the United States. There are times when travelling to Jamaica from the United States, you may see federal officers – sometimes in plain clothes – checking documents and asking questions as you board the aircraft. They are usually looking for such people or others involved in nefarious activities. Sometimes they are acting based on information and are looking for someone in particular.

STOPPED AND QUESTIONED

On the other hand, if a green card holder has not been living in America and attempts to enter the United States, they can be stopped by US Customs and Border Protection and questioned about their time out of the country. For example, there are green card holders who believe they can travel every six months or so and spend a few days and maintain their US green card status. Those persons run the risk of being placed in removal proceedings or being encouraged to surrender their green cards – among other options. To be clear, a green card cannot be ‘taken’ from a person without due process.

Nothing in the recent presidential ‘proclamations’ that were signed would impact your family, as they are already valid green card holders who have their cards in their possession.

Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com