According to a report by the U.S. edition of Sing Tao Daily, many U.S. Green Card holders have recently raised the question: Is there a risk in traveling abroad now? Attorney Liu stated that investment immigrants should be particularly cautious. Attorneys advise that some individuals should temporarily refrain from traveling abroad, including those who obtained Green Cards through investment immigration programs but do not reside in the United States frequently.
He explained that one of the conditions for holding a Green Card is to demonstrate an intent to remain in the United States for the long term; if one is not in the U.S. for the majority of the time, they may be questioned by the authorities. Attorney Miao believes that relevant laws do not explicitly specify how long a Green Card holder must reside in the U.S. each year. She suggests that there are many ways to prove one's intent to reside in the U.S., including filing U.S. tax returns, purchasing a home, and buying a car. She also recommends that individuals try to avoid staying outside the U.S. for more than 6 months at a time.
Since taking office in January, U.S. President Donald Trump has signed over twenty executive orders. Several of these immigration-related executive orders mandate the immediate arrest and deportation of illegal immigrants who have criminal records or existing deportation orders. Attorney Liu pointed out that individuals with criminal records should be especially careful, as he has recently seen some of his clients with criminal backgrounds have their Green Cards confiscated by immigration officers. He advises such individuals to consult with an attorney before deciding whether to travel abroad. Attorney Miao warns that if questioned upon entry, one must absolutely not sign Form I-407, as this form signifies that the individual voluntarily agrees to abandon their Green Card status. She pointed out that, often due to language barriers, Green Card holders may easily sign the form by mistake without realizing it. "People are very nervous when entering the country, and even more so when questioned, or they may be fearful due to past actions. Then, they do whatever the immigration officer tells them to do and sign wherever they are told to sign, without knowing what they are signing at all." Attorney Miao added that before answering any questions from officials, one must ensure they fully understand the content of the questions. She believes that in many cases, some questions do not need to be answered, and one can request to have an attorney present before responding.
Attorney Chen, who also attended the forum, advised that when facing law enforcement officers, one should remember the principle of "being respectful in attitude and deliberate in action," and try to secure an opportunity to see an attorney and a judge. Furthermore, regarding employment-based immigration, the attorney believes there is no significant impact yet, but she expects the Trump administration to adopt a stricter review process for such applications. She also noted that in the past two months, she has observed that for cases involving extraordinary ability or multinational manager programs, 80% to 90% of those requesting expedited processing have received requests for additional evidence (RFE) from the authorities. "The current practice is to request materials from all aspects, and the documents reviewed are more extensive and detailed than before," she said.