Venkata Vasamsetty, a lawful permanent resident (LPR) since 2013, was taken into custody during a scheduled ICE check-in despite a judge's May ruling that terminated the government's previous deportation case against her, Newsweek reported.
According to Newsweek, ICE's Online Detainee Locator System confirmed that Vasamsetty was being held at a detention facility in Georgia as of Friday.
Her detention reportedly stems from government allegations that she abandoned her lawful permanent residency after spending several months in India in 2022 while caring for an ailing parent and recovering from COVID-19.
However, her family and lawyer have disputed the allegation, arguing that Vasamsetty maintained substantial ties to the US through her family, employment and home.
Lawful permanent residents are generally authorised to live permanently in the US, although Green Card holders can face removal proceedings under federal immigration law under certain circumstances.
In a LinkedIn post, immigration attorney Zoe Wilson said Vasamsetty had lived in the US for more than 27 years and worked as a public school teacher, primarily with children with special needs.
Wilson said Vasamsetty travelled to India in July 2022 because her elderly parents were critically ill and needed her assistance.
"She wasn't packing up her life in the United States. She wasn't moving back to India. She wasn't leaving with the intention of giving up her green card," Wilson said.
According to Wilson, Vasamsetty was also in the process of purchasing a home in North Carolina to serve as her primary residence when she travelled to India. She completed the purchase while she was there.
Her return to the US was subsequently delayed after she contracted COVID-19 in November 2022 and was hospitalised in India for nearly two weeks. Wilson said additional medical issues further delayed her return.
Vasamsetty eventually returned to the US through Raleigh-Durham International Airport in February 2023, after spending approximately seven months outside the country.
Wilson noted that when a Green Card holder remains outside the US for more than 180 days, US Customs and Border Protection (CBP) can subject the person to additional scrutiny upon return, including questions about the purpose and duration of the trip and whether the individual intended to maintain permanent residence in the US.
"Any reasonable person should be able to look at the facts of Mrs. Vasamsetty's circumstances and understand the difference between a temporary, medically complicated trip and one with intent to actually abandon their green card," Wilson said.