Lawful permanent residents (LPRs), commonly known as green card holders, generally have the right to return to the United States after international travel. However, recent increases in enforcement at U.S. ports of entry mean that even long-term residents may face heightened scrutiny when reentering the country. Understanding your rights before you travel can help you avoid serious complications at the border.
What to Expect at the Port of Entry
Upon arrival, U.S. Customs and Border Protection (CBP) will determine whether you are a “returning resident” or an “arriving alien.” Most LPRs should be admitted as returning residents. However, CBP may treat you as an arriving alien in certain situations, including extended trips abroad (generally over 180 days), certain criminal matters, or if the government believes you may have abandoned your status.
If questions arise, you may be referred to secondary inspection. This is a separate screening process that can last from a few minutes to several hours or longer. During this time, officers may ask additional questions, review your travel and personal history, and search your belongings—including electronic devices.
Do Not Sign Form I-407 Without Legal Advice
One of the most important issues for LPRs at the border is Form I-407, Record of Abandonment of Lawful Permanent Resident Status, which is used when someone wants to voluntarily abandon permanent resident status. Don’t sign this form without first consulting an immigration attorney!
Importantly, you cannot lose your status as a green card holder at the border simply because of time spent abroad. If you refuse to sign the form, the government must pursue your case in immigration court, where it bears a high burden of proof.
If You Are Detained
If CBP believes you are inadmissible (i.e. ineligible to enter the U.S.), you may be detained and/or referred to removal proceedings. Even in this situation, you have important rights:
- You have the right to remain silent and not sign documents you do not understand or agree with
- You may request to speak with an attorney (though access is not always guaranteed at the border)
- You may contact your consulate for assistance
- You have the right to an interpreter
- You have the right to review any statements before signing
You also have the right to have your case heard by an immigration judge. CBP cannot make a final determination to revoke your permanent resident status on its own.
Before You Travel
You should consult an immigration attorney before leaving the United States if you have:
- Any criminal history, even minor arrests
- Pending immigration applications or court proceedings
- Prior immigration violations
- Conditional permanent resident status
It is also wise to travel with your attorney’s contact information and let family members know of your travel plans.
Final Thoughts
While most green card holders reenter the United States without issue, the current enforcement climate makes preparation more important than ever. Knowing your rights—and when to seek legal advice—can make a critical difference in protecting your status.
If you have questions about upcoming travel, or need assistance with any immigration matter, contact our office. We are here to help!
This article is based on guidance developed by the American Immigration Lawyers Association (AILA).
