Sedition case may put Gill’s US green card at risk

ISLAMABAD: The sedition case against Shahbaz Gill may have put at risk his permanent resident status in United States which he has been enjoying since 2015, says Arif Saeed, Advocate Supreme of Pakistan, presently working with a well-known immigration law firm in America.

Shahbaz Gill is a permanent resident of the United States of America, holding a green card which is issued to professionals with an advanced degree or having some exceptional ability. The recent sedition case against him may also endanger his chances of acquiring citizenship of the United States.

The status of a permanent resident in a country is the first step to becoming a citizen there. In the United States, one can get permanent residence - commonly known as a green card - through family, marriage or employment. There are also special categories meant to accommodate people from Afghanistan and Iraq known as SIV (Special Immigrant Visa). A green card leads to citizenship after four years and 9 months but if a permanent resident marries a citizen, he/she will acquire citizenship in three years.

However, the green card or permanent residency is a temporary status and it can be revoked over minor offences or crimes. However, once a person becomes a citizen, his/her rights are permanent and he/she is treated equally as a citizen by birth, except he cannot run for president of USA.

According to Gill’s green card, which was issued to him under the name Muhammad Shabbir S, he became a permanent resident of US on March 13, 2015. His permanent resident status is set to expire in three years on March 13, 2025.

Gill’s green card was issued under the E-26 category. This category is reserved for professionals “holding an advanced degree or of exceptional ability,” according to the Green Card Category Codes issued by the government of the United States.

Gill acquired the green card under this category by showing his PhD in Management and Leadership from the University of Malaya and later, his employment at the University of Illinois, where he worked as a Clinical Assistant Professor of Business Administration.

“The green card holder does not gain immunity from legal proceedings and the recent sedition case against Gill in Pakistan can have serious consequences on his chances of gaining US citizenship,” said Arif Saeed immigration lawyer while talking to The News.

There are several ways a person may lose their green card. “Spending more than 12 months outside the United States will result in a loss of permanent resident status. Sometimes even shorter absences can trigger abandonment,” the legal expert told The News.

“If the Customs and Border Protection (CBP) officer in the US determines that the person intended to live outside the US, they start removal proceedings. Moreover, failing to file income taxes with the IRS while living outside the US can also trigger removal,” the lawyer said. “Criminal convictions can also cause individuals to lose their permanent resident status,” the lawyer added.

Shahbaz Gill has served as special assistant to former prime minister Imran Khan and was also Khan’s chief of staff at the time of his arrest. Gill was arrested on August 9 under Sections 124-A (sedition) and 505 (statements conducing to public mischief) of the Pakistan Penal Code.