Lawful Permanent Residents (LPRs) reenter the United States without complication or undue delay when there is no legal authority for the Department of Homeland Security (DHS) to treat them as applicants for admission. Countless LPRs have traveled abroad and re-entered the U.S. without issue since President Trump re-took office. However, recent reporting indicates that DHS is more aggressively detaining individuals where there is an exception to the rule that they should not be considered applicants for admission. The more aggressive posture has led to rumors that LPRs are seemingly randomly being detained or stripped of their status upon return from travel. This is not true. Understanding the specific scenarios under which an LPR can be treated as an applicant for admission is essential for evaluating whether an LPR can travel with confidence or whether there may be risks.
The Law on LPR Re-Entry
Under the Immigration and Nationality Act (INA) § 101(a)(13)(C), an LPR is generally not considered to be “seeking admission” into the United States upon return from abroad. In plain terms, this means that they must be allowed to re-enter the U.S. to resume their lawful residency. However, there are specific exceptions where an LPR can be treated as an applicant for admission:
- Absent for More Than 180 Days: If an LPR has been absent from the U.S. for more than 180 days, they may be considered as seeking admission.
- Engaged in Illegal Activity: If the LPR has engaged in illegal activity after departing the U.S., they may be treated as an applicant for admission.
- Departed While Under Removal Proceedings: An LPR who departs the U.S. while under removal proceedings may be considered as seeking admission upon return.
- Committed Certain Crimes: If the LPR has committed certain crimes that would render them inadmissible, they may be treated as an applicant for admission.
- Attempted Entry Without Inspection: If the LPR attempts to enter the U.S. without inspection, they may be considered as seeking admission.
- Abandoned LPR Status: If there is evidence that the LPR has abandoned their status, they may be treated as an applicant for admission.
To treat a returning LPR as an applicant for admission, DHS must first establish by clear and convincing evidence that one of the six above exceptions apply. Matter of Rivens, 25 I&N Dec. 623 (BIA 2011). If one of these exceptions applies and the returning LPR is treated as an applicant for admission, they can be detained and given the option of either signing a Form I-407 abandoning their residency or fighting to keep their LPR status in immigration court. The immigration judge does not have jurisdiction to order release on bond in this scenario, meaning they would likely have to fight their case from detention.
The American Immigration Lawyers Association (AILA) recently issued a practice alert, last updated February 14, 2025, regarding a change in the treatment of LPRs at U.S. ports of entry. According to the alert, some Customs and Border Protection (CBP) ports of entry have begun automatically detaining LPRs and conditional permanent residents who have a pending Notice to Appear (NTA) when they request admission. This new practice applies even to those with valid I-551 stamps issued after a Form I-751 denial.
The outcomes of these detentions have varied, and AILA advises that LPRs with an NTA should avoid international travel.
Conclusion
For LPRs, understanding the provisions of INA § 101(a)(13)(C) and staying informed about recent procedural changes is essential for navigating international travel and re-entry into the United States. Where there is no argument that one of the six exceptions at INA § 101(a)(13)(C) applies, LPRs should travel with confidence that they must be allowed to re-enter the U.S. However, given the recent developments highlighted by AILA, it appears that where one of the six exceptions may apply, CBP is taking a much more aggressive stance and detaining LPRs without bond.
If you or a loved one has questions about whether the exceptions might apply before planning international travel, a legal consultation with Joseph & Hall to review the case and provide assurance or identify any risks can be scheduled online.
