Q: If upon entering the US on a green card, what happens if a border officer deems that I have not maintained residency?
If upon entering the US as a green card holder, a border security officer deems that I have not maintained residency in the US, what happens next? My understanding is that the border officer takes the green card, stamps my passport with a stamp that is good for re-entry for one year, and issues a notice to appear in front of an immigration judge. Is this correct?
If the above happens (and I do not contest the border officer's decision and lose my green card), will this have any implications on my ability to travel to the US in the future (e.g., under an ESTA visa) or obtain a future work visa (e.g., H1B)?
A:
This is not always the case. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Find an attorney who will explain the range of discretion that CBP has at a port of entry before you take any further action.
The above is general information, not legal advice, and does not create an attorney client relationship.
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