Since Donald Trump became the President, the problems of Indians are continuously increasing. The new problem is regarding a new rule.
New antics of the US Justice Department revealed
A new legal case has come up in the US which can affect thousands of Indian green card holders. The US Department of Justice has said in a federal court that the Attorney General has the authority to cancel any person’s green card at any time. Even if many years or decades have passed since the green card was issued. Green card is also called LPR (lawful permanent resident) status.
Green Card no longer a guarantee of US stay
This legal issue has come to light in the case of Imam Mohammad Qatani of New Jersey. Qatani was denied a green card in 2006. He was accused of having links with a banned organization. However, these allegations could not be proved. After this case, there is an atmosphere of fear in many immigrant communities including the Indian community. People feel that the green card is no longer safe.
There is no time limit in Green Card rules
DOJ lawyer Lindsay Murphy said that the Attorney General has the power to cancel a green card at any time. If the administrative process was not completed, it does not matter how long it has been since the green card was issued. When asked if a green card can be canceled even after 10 or 20 years, Murphy said that there is no time limit in the rule. That means even immigrants living in America for 30-40 years or 50 years cannot get relief from this.
It is believed that if administrative errors are found in the documents, the green card can be cancelled anytime even after it is issued. Legal experts have expressed concern over this stance of the DOJ. Katani’s lawyer David Isaacson said that the government should have appealed against the first decision within 30 days. If the government did not do so, then the first decision should be valid.
Cancelled only in case of fraud or criminal activity
According to Stephen Yale-Loehr, a professor of immigration law at Cornell Law School, green cards can be revoked for reasons such as fraud or criminal activity. But revoking a green card indefinitely based solely on technical errors is unheard of. This could put the stability of permanent residence at risk.
Deportation used to happen only in cases like terrorism
Green card holders enjoy many of the same rights as US citizens, but may face deportation in some cases. Usually, these cases are related to criminal behavior or violation of immigration law. Foreign citizens can also lose their visas if they support or are associated with terrorist groups. However, for this, solid evidence has to be presented to the government.
What are the reasons for cancellation of Green Card?
According to immigration lawyers and court documents, a green card can be revoked for: Providing false information or committing fraud during the application process. Engaging in or concealing criminal activity.
What does this mean for green card holders?
Green card holders will fear having their status revoked due to administrative mistakes, even if they have been living legally for years. With no time limit on revocation, people will remain uncertain about their immigration status for a long time. Green card holders will need to continue to check their immigration records and consult legal experts to ensure they are following all the rules.
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