Indian-origin Green Card holder detained by ICE after 27 years in US

Washington: An Indian-origin woman who has lived in the United States for 27 years has been detained by immigration authorities, months after a judge terminated earlier removal proceedings against her, NDTV reported.

Venkata Narsamamba Vasamsetty, a grandmother of two and a lawful permanent resident, or Green Card holder, since 2013, was taken into custody during a scheduled check-in with US Immigration and Customs Enforcement (ICE) on August 11.

She is being held at an ICE detention facility in Georgia, according to the report, which cited information from ICE’s Online Detainee Locator System.

Her detention comes after an immigration judge on May 19 terminated removal proceedings that had centred on whether Vasamsetty abandoned her permanent US residency during a seven-month stay in India.

Why she stayed in India

Vasamsetty travelled to India in July 2022 to care for her elderly and critically ill parents, according to her lawyers and family.

Her return was delayed after she contracted COVID-19 and suffered other health complications that required her to be hospitalised in India for nearly two weeks.

She eventually returned to the US through Raleigh-Durham International Airport in February 2023 after spending about seven months outside the country.

The Department of Homeland Security subsequently alleged that the lengthy absence showed she had abandoned her permanent residency and placed her in removal proceedings, according to attorney Helen Parsonage.

Vasamsetty disputed that claim, submitting documents intended to show that she had continued to maintain her life and ties in the United States while in India.

Her lawyers say she was even in the process of buying a home in North Carolina when she left for India and completed the purchase while she was overseas.

Case dismissed in May

The previous removal proceedings ended on May 19 after the Department of Homeland Security failed to meet a court-imposed deadline to submit evidence supporting its case, according to Vasamsetty’s attorney.

Vasamsetty continued attending scheduled ICE check-ins after the case was terminated.

She was detained when she reported to ICE’s Charlotte office on August 11.

Immigration attorney Zoe Wilson, a friend and former colleague of Vasamsetty’s daughter, said the family had authorised her to speak publicly about the case.

Wilson said Vasamsetty has no criminal history and has worked as a public school teacher, primarily teaching children with special needs.

“She is a mother to two US citizen children. She has two US citizen grandchildren. Her home, her family, her career, and her life are here and have been here for over 27 years,” Wilson wrote on LinkedIn.

What does US law say?

Green Card holders are generally permitted to travel outside the United States, but lengthy absences can lead immigration authorities to examine whether they intended to maintain the US as their permanent home.

An absence of more than 180 days can subject a returning permanent resident to additional scrutiny, but the length of an overseas stay alone does not necessarily establish that permanent residency has been abandoned. Authorities can consider factors including the reason for the trip, its expected duration and the person’s continuing ties to the United States.

Vasamsetty’s lawyers argue that her seven-month absence was temporary and extended because of family and medical circumstances rather than an intention to abandon her US residence.

Lawyers challenge detention

Following her detention, Vasamsetty’s legal team filed an emergency habeas corpus petition on August 13 challenging the legal basis for keeping her in custody.

A federal judge then ordered immigration authorities to explain the basis for her detention within three days, according to the report.

A subsequent ICE filing does not concede that the detention was unlawful or order Vasamsetty’s release, NRI Pulse reported.

However, it indicates that, depending on how the federal court applies recent precedent, she could be entitled to have an immigration judge consider whether she should be released on bond.

If the court rules in the government’s favour on that issue, Vasamsetty is expected to receive a bond hearing within seven days.

Green card VS US Citizenship: How it works

What is a Green Card? A Green Card gives a foreign national lawful permanent resident status, allowing them to live and work permanently in the United States. It does not make them a US citizen.

When can a Green Card holder apply for citizenship? Most lawful permanent residents can apply for naturalisation after five years of continuous residence. For some people married to US citizens, the qualifying period can be three years.

Does citizenship come automatically after five years? No. The Green Card holder must apply for naturalisation and meet eligibility requirements. The process generally includes an application, background checks, an interview and English and civics tests, unless an exemption applies. Citizenship is acquired only after approval and taking the Oath of Allegiance.

Can Green Card holders travel abroad? Yes. But lengthy trips can affect the continuous-residence requirement for citizenship. An absence of more than six months but less than a year can create a presumption that continuous residence was interrupted, although the applicant can present evidence to overcome it.

What if they stay abroad for a year or more? An absence of a year or more generally breaks continuous residence for naturalisation purposes, although exceptions and mechanisms to preserve residence exist in certain circumstances.

Green Card vs citizenship A lawful permanent resident remains subject to US immigration law and can face removal proceedings in certain circumstances. A naturalised US citizen has citizenship rights, including the right to vote in federal elections.