Traveling Abroad as a Green Card Holder: What to Know Before You Leave

International travel is one of the benefits held by lawful permanent residents in the United States. Most lawful permanent residents return from temporary trips abroad without a problem. However, recent developments are a reminder that returning to the United States is not always automatic, especially for those with criminal history, long absences, pending immigration court cases, or any concern about how permanent residence was obtained. Particularly for individuals with criminal histories or complex immigration histories, it is important to remember that regardless of how long ago a potential criminal charge or immigration violation may have occurred, those facts remain highly relevant for immigration purposes, including at the time of return from foreign travel. Even if you have successfully traveled before or have expunged records, under increased vetting at the border, incident-free travel is not a guarantee.  

Section 101(a)(13)(C) of the Immigration and Nationality Act is an important provision for green card holders. Generally, lawful permanent residents are presumed to be eligible to return to the United States without further inquiry. However, if an individual falls under one of the following exceptions, they could be considered to be seeking “admission”. This means that U.S. immigration officials can conduct a thorough analysis of that person’s history to determine whether that individual should be allowed entry into the United States or denied entry and placed in removal proceedings. These exceptions apply to individuals who:  

• the government believes have abandoned their permanent residency 

• were outside of the United States for more than 180 days 

• engaged in unlawful activity after leaving 

• left while removal proceedings or other immigration court proceedings were pending 

• committed certain criminal offenses (at any time), or  

• tried to enter without proper inspection. 

The Supreme Court’s recent decision in Blanche v. Lau makes this issue more important. In that case, the Court held that a border officer does not need clear and convincing evidence at the time of return before treating a lawful permanent resident as an applicant for admission based on certain criminal offense concerns. In essence, the Court has reduced the government’s burden, which is likely to give more power to border officials to cast a wider net as to which permanent residents are considered applicants for admission. This does not mean that every arrest or allegation will automatically result in removal. It does mean that a criminal issue, even one that may seem old, minor, or unresolved, can create serious complications at the airport or port of entry. To reiterate, expunged or sealed records do not provide protection within the immigration context. Note that in many circumstances, if an individual is found to be inadmissible, they can be detained for further proceedings. 

Given the Court’s decision, lawful permanent residents should not assume that a green card alone will resolve every question at the border. If you have ever been arrested, charged, convicted, placed in removal proceedings, or warned that your travel may be risky, you should speak with an immigration attorney before leaving the United States. You should also obtain certified court records before traveling, even if the case was dismissed or expunged. 

Green card holders should also be prepared for increased questioning at the border. Customs and Border Protection (CBP) officers may ask where you live, where you work, how long you were outside the United States, and whether your trip suggests that you still truly reside in the United States. DHS has also continued to emphasize screening and vetting in immigration matters. At the border, this can include questions aimed at identifying fraud, misrepresentation, or inconsistencies with a prior visa application, adjustment of status case, or other immigration filing. 

Electronic device searches are also a real concern. CBP has stated that officers may search phones, computers, cameras, and other electronic devices at the border, including to enforce immigration laws, identify visa fraud, and evaluate a traveler’s intentions upon entry. For a lawful permanent resident, messages, photos, employment information, travel records, or social media activity that appear inconsistent with prior immigration filings may raise difficult questions. This is especially important for people who obtained residence through marriage, employment, asylum, or another process where the government may compare current statements and records with earlier filings. 

Before traveling, review your documents and your risks. Confirm that your green card and passport are valid. Avoid trips longer than 180 days unless you have received legal advice. If you have been or intend to be outside the United States for extended periods, ask whether a reentry permit or other planning is appropriate. 

Finally, be honest with yourself and your legal representative. Do not guess about the outcome of prior criminal or immigration proceedings. Do not minimize facts. If you encounter issues at the border, do not sign any document abandoning permanent residence, including Form I-407, without understanding the consequences. If you do not understand a question, ask to speak to a lawyer. 

International travel remains possible for most lawful permanent residents. The key is preparation. In light of Blanche v. Lau, increased screening, and continued device searches at the border, green card holders should treat international travel as something to plan carefully, not something to take for granted. If you have questions about your specific situation, our experienced attorneys at Minsky, McCormick & Hallagan are available to help evaluate the risks before you travel.