Indian-Origin Grandmother, 27-Year US Resident, Detained by ICE Despite Judge's Ruling
An Indian-origin woman who has lived in the United States for 27 years and holds a green card has been detained by US Immigration and Customs Enforcement (ICE), despite an immigration judge having dismissed the government's earlier attempt to deport her. Venkata Narsamamba Vasamsetty, a grandmother of two and a lawful permanent resident since 2013, was taken into custody during a scheduled ICE check-in on August 11.
Vasamsetty is being held at an ICE detention facility in Georgia, according to data collected through ICE's Online Detainee Locator System, as reported by Newsweek. The detention comes months after a US judge ruled in May to terminate the previous removal case against her.
The government's case alleged that Vasamsetty had abandoned her lawful permanent residency when she spent several months in India in 2022. Her family and attorney argue that the extended stay was necessary because she was caring for an ailing parent and later recovering from COVID-19. They also emphasise that Vasamsetty has substantial ties to the US, including her family, job, and home.
Under US immigration law, green card holders can face removal proceedings in certain situations. One such circumstance is an absence from the US for more than six months, which may prompt questions about whether they intended to keep the US as their permanent residence. However, such cases are assessed individually, and a judge can weigh factors such as family connections, employment, and property ownership.
Vasamsetty has worked as a teacher for special-needs students in North Carolina. She is the mother of two US citizen children and has two US citizen grandchildren, according to immigration attorney Zoe Wilson, a friend and former colleague of Vasamsetty's daughter, Yashaswini Vasamsetty, who practises immigration law in Texas and New Jersey.
Wilson, who received the family's permission to discuss the case publicly, said Vasamsetty has no criminal history and has remained in lawful immigration status throughout her time in the US. "She has been a Lawful Permanent Resident, a green card holder, since 2013. She has NO criminal history. She is a public school teacher who primarily works with special-needs children. She is a mother to two U.S. 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 in a LinkedIn post.
Wilson also noted that Vasamsetty is "severely diabetic" and requires glucose monitoring and medical care. According to Wilson, Vasamsetty travelled to India in July 2022 to care for her elderly parents, both of whom were critically ill. Her return to the US was delayed when she contracted COVID-19 and experienced additional health complications, leading to a nearly two-week hospitalisation in India. After further medical issues, she was eventually well enough to travel and returned to the US through Raleigh-Durham International Airport in February 2023. She had been outside the country for about seven months.
US Citizenship and Immigration Services (USCIS) guidelines state that permanent residents are free to travel abroad, and temporary or brief trips usually do not affect their status. However, if it is determined that a person did not intend to make the US their permanent home, they may be found to have abandoned their status. For those who have been outside the US for more than 180 days, returning residents can face additional scrutiny at the border to assess whether they maintained their US residency.
The case has drawn attention to the challenges faced by long-term green card holders who need to spend extended periods abroad for family or medical reasons. Vasamsetty's legal representatives are seeking her release while the matter is reviewed.
