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If you're a Green Card Holder or Lawful Permanent Resident (LPR) (green card holder) planning to travel outside the U.S., it's important to be prepared to avoid complications when re-entering. Given recent reports of increased scrutiny by the CBP (U.S. Customs and Border Protection) at the border, here are the key recommendations:
1. Carry the Right Documents
Green Card (Form I-551): Ensure your green card is valid for at least six months beyond your travel dates.
Valid Passport: Your home country’s passport must be valid for reentry into the U.S. and international travel.
Reentry Permit (if needed): If you plan to be outside the U.S. for more than one year, apply for a Reentry Permit (Form I-131) before leaving.
Proof of Ties to the U.S.:Â Carry recent tax returns, employment letters, lease/mortgage statements, or utility bills to demonstrate continuous residence.
2. Be Aware of Lengthy Absences
Absences of 6+ months: CBP may suspect you have abandoned your residency, triggering additional scrutiny.
Absences of 1 year or more: Your green card may no longer be valid for reentry unless you have a Reentry Permit.
3. Avoid Activities That Could Jeopardize Your Status
Criminal Issues: Any criminal charges, including DUIs or minor offenses, can trigger a CBP investigation.
Public Benefits Use: If you've used public benefits (e.g., Medicaid, SNAP), be aware that CBP may question your financial self-sufficiency.
Foreign Residency Indicators: If you get a driver’s license, pay taxes, or spend excessive time in another country, CBP may suspect you’ve abandoned U.S. residency.
4. Be Prepared for CBP Questioning
Answer questions honestly but succinctly.
Avoid carrying excessive foreign currency or personal documents that suggest you’re living abroad.
If referred to secondary inspection, remain calm and assert your rights (LPRs cannot be refused entry without due process).
5. Know Your Rights
Green Card Holders or LPRs cannot be denied entry without due process. If CBP challenges your status, you have the right to request a hearing before an immigration judge.
Do not sign Form I-407 (Record of Abandonment of Lawful Permanent Residence) unless you intend to relinquish your green card.
If detained, you have the right to legal representation, but CBP may not allow immediate attorney access at the border.
6. If You Have a Pending U.S. Citizenship Application
If you've applied for naturalization (Form N-400), extended absences could delay your case or cause USCIS to question your continuous residence.
Ensure travel does not impact your physical presence requirement (you must have lived in the U.S. for at least 30 months in the past 5 years for N-400 eligibility).
7. Plan Ahead for Border Security Measures
Be mindful of increased CBP searches of electronic devices (phones, laptops, etc.).
If you are from a country under heightened security restrictions, anticipate extra questioning.
Can Green Card Holders who are stopped at the border by CBP call their attorney?
Green Card Holders or Lawful Permanent Residents (LPRs) have limited rights at the border when stopped by U.S. Customs and Border Protection (CBP). Here's what you need to know:
1. Do LPRs Have the Right to Call Their Attorney at the Border?
Generally, NO: At the port of entry (airport or land border), CBP officers do not have to allow you to call an attorney before questioning you.
Exception: If you are placed in formal removal proceedings, you have the right to legal representation (but not at government expense).
If CBP pressures you to sign Form I-407 (Record of Abandonment of Lawful Permanent Residence), you should refuse and request a hearing before an immigration judge.
If detained for further questioning, you can politely request legal counsel, but CBP may deny your request.
2. When Can an Attorney Intervene?
Once you are referred to secondary inspection, CBP can hold you for hours without attorney access.
If CBP issues a Notice to Appear (NTA) for deportation proceedings, your attorney can represent you in immigration court.
If CBP wrongfully revokes your green card, an attorney can help you challenge the decision.
3. What Should You Do If Stopped at the Border?
✔ Stay Calm & Respectful: Do not argue with CBP, but remain firm in your rights.
✔ Do NOT Sign Anything: Especially Form I-407, which surrenders your green card.
✔ Request a Hearing: If CBP claims you have abandoned your residency or are inadmissible, request a hearing before an immigration judge.
✔ Document Everything: Write down officers' names, dates, and details as soon as possible.
4. What Can a Family or an Attorney Do?
If detained for an extended period, family members or an attorney can contact CBP or local immigration advocacy groups.
An attorney can file legal motions if CBP wrongfully denies reentry.
Note: This document provides general information and should not be considered legal advice. Immigration policies change frequently, and individual circumstances vary. Both employers and employees should consult with qualified immigration counsel regarding specific situations.