Form 8854 Lawful 2023-2024

Several people have asked what will happen to individuals with green cards from one of the countries listed in the executive orders. These individuals may have been forced to surrender their green cards or sign a form I-407 to relinquish their lawful permanent residence in order to be allowed to return to their country or a third country. However, physically surrendering a green card or signing the form does not prove that the individual intended to abandon their lawful permanent residence. Green card holders who were coerced into surrendering their cards or signing the form can legally argue that they did not willingly give up their residence. To make this argument, they would need to present themselves at the border, assert their claim as a lawful permanent resident, and request to return to their home in the United States. Border officials may question the individual's claim based on their surrender or signing of the form, but should initiate removal proceedings so the individual can appear before an immigration judge and present evidence of their intent to maintain their lawful permanent residence. It is important to note that while this process should happen, there is no guarantee that it will unfold exactly as described, as each case and officer may yield different results. If you have been forced to surrender your green card or sign the I-407 form, it is advised to contact an immigration attorney to facilitate your return to the United States as soon as possible. The longer you remain outside the country, the more likely the government will argue that you willingly renounced your residency. Thank you.