Viral TikTok warns green card holders after woman says her niece was deported at LAX

A viral TikTok video is serving as a warning for green card holders about what not to do at the airport, after a woman claims her niece had her green card taken away at LAX.

Now, advocates are offering tips to help green card holders know their rights, and what not to do if you're traveling abroad. 

The viral TikTok

The backstory:

In a now-viral TikTok video that has more than 2.5 million views, a woman claims her niece, a nursing student and green card holder, was deported when she returned to LAX from Laos. 

"Customs stopped her, took away her green card, cut the corner off, put her in a room with three other people, and told one of them that if you've been a green card holder for less than two years and leave the U.S. they won't let you back," the woman claims. "They take away your green card."

Can green card holders travel abroad?

What we know:

Immigration attorney Jose Osorio, who is not involved in the woman's case, explains that green card holders can typically travel abroad for up to 180 days without issue. However, he warns that some travelers have been pressured upon reentry into the U.S. to sign documents like the I-407.

What is Form I-407?

Form I-407 is issued by the Department of Homeland Security. It's called a "Record of Abandonment of Lawful Permanent Resident Status"

Filling out the I-407 voluntarily surrenders your lawful status as a permanent resident of the U.S.

"They can be interrogated alone, without legal counsel, and sometimes, due to misinformation or desperation, they unknowingly sign away their rights," Osorio said.

Many on social media are warning against signing the form.

"If they ask you to sign an I-407, don’t do it," one man advises. "You have the right to request to see an immigration judge."

Another person adds, "So many people sign documents without reading them. That’s why I’m putting this out today—make sure you don’t sign anything."

What are your rights as a green card holder?

Dig deeper:

Osorio stresses that many travelers have unknowingly forfeited their rights. He says that customs officials are only authorized to ask three types of questions:

  1. Identity
  2. Proof of permanent resident status
  3. Standard customs-related questions, such as whether a traveler is bringing foreign food into the country or carrying more than $10,000 in currency.

"Bottom line—know your rights," Osorio said. "Don’t sign anything waiving them. If you don’t understand it, don’t sign it."

Only an immigration judge has the authority to revoke a person’s resident status. However, if someone signs away their rights at the airport, there is little that can be done to reverse it.

FOX 11 has reached out to Immigration and Customs Enforcement for comment, but they have not responded.

The Source: Information in this story is taken from the I-407 form on the U.S. Citizenship and Immigration Services website, and a Feb. 20 interview with immigration attorney Jose Osorio.

Immigration