Are you a green card holder afraid to travel abroad due to recent news?

There has been a widespread fear among lawful permanent residents who may have upcoming travel outside of the United States, due to reports that some have been detained at the border. Viral social media posts have told cautionary tales of people with U.S. green cards being taken to secondary inspection when passing through customs.

I have also had people call our office with sick relatives in their home country and they are too fearful to travel due to the pressure that they may face Customs upon returning to the U.S.

If you have wondered about your rights as a green card holder and under what circumstances you can be detained by Customs and Border Protection (CBP) when re-entering from a trip overseas, then this blog may help clarify some points.

In recent months, green card holders have reported being detained at U.S. ports of entry after returning from overseas travel.  All travelers arriving at U.S. ports of entry are subject to inspection by Customs and Border Protection (CBP) officers to ensure compliance with immigration laws and regulations.

Unlike tourists and temporary visa holders, permanent residents (green card holders) are entitled to certain rights that others do not have. This includes the right to:

·         Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law

·         Be protected by all laws of the United States, your state of residence and local jurisdictions

When being questioned or detained by a CBP officer, permanent residents may:

·         Report the incident to their embassy or consulate

·         Request to speak with an attorney to discuss the legal consequences of detainment and/or green card revocation

What Are Your Rights if You're Asked to Sign Anything by a CBP Officer?

DO NOT ever sign Form I-407 Record of Abandonment of Lawful Permanent Resident Status.

If a CBP officer has taken you to secondary inspection and alleges that your green card is invalid or that you have abandoned or relinquished your residency due to a prolonged absence from the U.S. (for example), remember:

Burden of Proof: Officers have the burden of proving that you have abandoned your residency or that your residency is invalid. They must provide credible evidence to support their allegations against you.

You Are Not Required to Sign Form I-407: CBP officers cannot force you to sign Form I-407. They also cannot revoke your green card unilaterally. Only an immigration judge can take away your residency.

Request a Hearing: If CBP claims your green card is invalid, you have the legal right to request a hearing before an immigration judge and defend yourself.

Ask for Legal Counsel: If detained, remain calm, and insist on speaking with an immigration attorney before speaking with an officer or signing any paperwork.

Do not let fear, pressure, confusion, or lack of information lead you to sign anything you don’t understand. There may be very serious consequences in doing so, which may be difficult or impossible to reverse later.

It is strongly advised to speak with an immigration attorney before signing any document to fully comprehend its legal consequences.

Are there some permanent residents at greater risk of issues at the border?

Arriving aliens are green card holders who are seeking admission to the United States, but may have committed certain violations that may place their residency status at risk.  Arriving aliens may be subject to further inspection by CBP, and in some circumstances their re-entry may be denied and their residency revoked.

What are the circumstances that can lead CBP to classify a green card holder as an arriving alien?

Generally, the following circumstances can lead CBP officers to classify you as an arriving alien and as a result lead to secondary inspection for further investigation:

1. Abandoning or Relinquishing your Green Card

Abandoning or relinquishing a green card, or Lawful Permanent Resident (LPR) status, is a voluntary process that’s irrevocable. This is done by filing Form I-407 with USCIS.

A person who relinquishes lawful permanent resident status must qualify again for such status. Therefore, one should give careful thought before abandoning lawful permanent resident status.

2. Prolonged Absences of more than 180 Days outside of the U.S.

A green card holder who is absent from the U.S. for more than 180 days (6 months) but less than one year could risk being considered to have abandoned their permanent residency due to due to the interruption in continuous physical presence in the U.S.

This is one of the most common scenarios leading to further questioning when passing through customs 

3. Departure While in Removal Proceedings

Departing the United States while in removal (deportation) proceedings can have serious consequences, including a permanent bar from re-entry.

4. Past Criminal Record / Arrests / Charges

Criminal offenses that occurred prior to departing the United States may also lead to further inspection, including a permanent bar from re-entry. Engaging in illegal activity either in the U.S. or while overseas can impact your permanent residency. In such cases, the green card holder can be subject to further inspection and denied entry

Green card holders that do not fall under the above circumstances will generally not have issues re-entering the United States after short, temporary foreign travel, but it’s best to speak to an immigration attorney if there are any concerns. Do not let customs officers intimidate you. Instead, be informed and well-prepared in advance to avoid any issues.

Consider applying for citizenship to avoid the fears and restrictions that come with foreign travel as a green card holder. You can find more information on our citizenship blogs.

Your attorney can also help you develop a plan of action in case of detainment or inspection and help evaluate any potential issues before you travel. You can also hire our office to be “on-call” in case of a border detention when you are planning to travel.

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