If you’re a green card holder traveling internationally, you might have concerns about what to expect when reentering the United States. Understanding your rights at a port of entry is crucial to ensuring a smooth return. In this guide, we’ll cover what Customs and Border Protection (CBP) officers can and cannot do, as well as how to handle extended questioning or secondary inspection.
What Are Your Rights as a Green Card Holder?
As a lawful permanent resident (LPR), you have the right to return to the U.S. unless:
- You have abandoned your residency.
- You have committed a serious offense that makes you inadmissible.
CBP officers have the authority to inspect you, but they cannot prevent you from entering without due process. Even if you are accused of abandoning your residency or committing a crime, there are legal procedures in place before any action can be taken against your status.
Case Study: Luis’s Experience
Luis, a green card holder, traveled to his home country to visit his parents. Due to a family emergency, he stayed longer than planned. Upon his return, CBP officers pulled him aside for secondary questioning. They asked about his extended absence and a past criminal case on his record. Nervous and unsure of how to respond, Luis feared that a simple misstep could jeopardize his green card.
This scenario is common, and knowing your rights can help you navigate such situations confidently.
What CBP Officers Can and Cannot Do
- They can question your eligibility to reenter if you’ve been outside the U.S. for more than six months, as this might suggest abandonment of residency.
- They can ask about criminal convictions that could make you inadmissible.
- They can inquire about lost or expired green cards and may require proof of status.
- They can check for past immigration violations and other legal concerns.
- They cannot detain you indefinitely. If you are subject to secondary inspection, CBP must have a valid reason for doing so.
- They cannot take your green card on the spot unless you voluntarily surrender it. If CBP believes you are no longer eligible, they may issue a Notice to Appear (NTA) for removal proceedings.
How to Handle Secondary Inspection
If you are subject to extensive questioning at the port of entry, follow these key steps:
- Stay calm and respectful. Arguing can escalate the situation.
- Do not sign anything you don’t understand. If pressured to sign a document admitting wrongdoing or surrendering your green card, ask for an immigration lawyer first.
- Request legal counsel if detained. While you don’t have the right to a government-appointed lawyer in immigration cases, you can request a private attorney.
- Provide alternative proof of status if your green card is lost or expired, such as a passport stamp, reentry permit, or other official documentation.
Why You Should Consult an Immigration Lawyer
Immigration laws are complex, and even green card holders can face legal challenges when reentering the U.S. If you have:
- A criminal record,
- Been outside the U.S. for an extended period,
- Lost or expired documents,
- Other concerns about reentry,
consulting an experienced immigration attorney can help you prepare and protect your rights.
Get Help Today
If you are facing issues at the border or want to be prepared for future travel, don’t wait. Schedule a consultation with an experienced immigration attorney today.
At Landerholm Immigration, we specialize in helping green card holders navigate complex immigration matters. Click the link below to book a consultation and get tailored legal advice.
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