Most green card holders (Legal Permanent Residents, LPRs) will not encounter any issues when reentering the United States. However, immigration lawyers and advocacy organizations have reported an increasing number of LPRs being detained, questioned, and even forced to give up their green cards at U.S. ports of entry.
Despite no formal policy changes, Customs and Border Protection (CBP) officials have broad discretion during the inspection process. Factors that may increase the risk of entry issues include:
• Staying abroad for more than six months
• Green card renewal or application in progress
• Past immigration violations or deportation orders
• Participation in political activities (such as pro-Palestinian organizations)
• Elderly travelers, especially Indian immigrants
• Inability to provide sufficient proof of ties to the United States
As of now, domestic travel within the U.S. poses no risk for green card holders, visa holders, or undocumented immigrants. The focus is primarily on international travel and reentry.
Green card holders have the legal right to return to the U.S. unless a judge rules otherwise. Only an immigration judge can strip a permanent resident of their status.
Furthermore, permanent residents have the right to a hearing in immigration court. It is advised not to sign any documents that are not fully understood.
The I-407 form is for “abandoning lawful permanent resident status.” Once signed, it is difficult to revoke. If there are misunderstandings at the time of signing, contact an immigration lawyer immediately.
CBP officials at ports of entry can inspect devices of arriving individuals without a search warrant. Inspections come in two types:
• Basic inspection: Quick checks of phones, laptops, or tablets.
• In-depth inspection: Involves data extraction, copying, and retention for up to 15 years. Devices are usually returned within five days.
Carry documents that prove ties to the U.S., including:
• Recent pay stubs or employment letters
• U.S. tax returns
• Lease agreements or property deeds
• Children’s U.S. school enrollment records
• U.S. bank statements, insurance, or club memberships
Avoid trips abroad lasting longer than six months. If prolonged foreign stays are necessary, apply for a Reentry Permit in advance.
Additional documents (where applicable) include:
• Documents proving emergency family situations or medical travel reasons
• Signed G-28 form authorizing a lawyer as a representative
• Statements detailing personal ties to the U.S.
Individuals holding a “conditional green card” (based on marriage or investment for a two-year period) are particularly subject to scrutiny upon entry, especially if:
• The green card has expired, and awaiting the approval of the I-751 or I-829 form
• Extended stays outside the U.S.
• Incomplete or unclear documentation
If the “conditional green card” has expired, carry the expired green card and USCIS receipt notices as valid identification.
Consult an immigration lawyer before traveling if:
• Previously arrested, charged, or convicted
• Previously deported or overstayed
• Stayed abroad for more than six months at a time
• Participated in political activities or made public statements (such as activities related to Palestine)
Know your rights:
• Do not sign the I-407 form if you wish to retain your green card.
• Carry documents proving ties to the U.S.
• Stay calm but assertive.
• Request an immigration judge hearing if questioned by CBP.
• Inform trustworthy friends or lawyers of your travel plans.