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by jkaplowitz 1063 days ago
> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency.'

I don't believe CBP is allowed to deny a green card holder entry on this basis if you provide any evidence that amounts to a colorable claim of being an LPR, such as a physical green card. They are allowed to pressure you to officially give up your status by convincing you to sign an I-407, but you have the right to decline that and insist on being let into the country because you believe you did not abandon your residency. In turn, CBP could choose to refer you to an immigration judge, but this would still involve letting you in.

If they do want to bother with the referral, CBP would take the physical green card, give you alternate proof of status, give you a Notice To Appear for removal proceedings before an immigration judge, and let you in with all the same rights as any other green card holder on a tentative basis. Yes, the immigration judge would still revoke permanent residency if you are found to have abandoned your residency, but you have the chance to involve your immigration lawyer and argue your case before the immigration courts. And there might be a long wait before you even get the court date in the first place.

I am not a lawyer or other immigration professional and am speaking generally here based on general information. If you think you might be in a situation where this would happen to you, consult an actual professional for proper legal advice applicable to your case.