Green Card Holders: What to do if you are detained at Port of Entry/Airport?

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Have you ever wondered what to do if you are detained at a U.S. airport or port of entry while traveling as a green card holder?

In this video, you will learn 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.

For more information, please continue watching this video.

Overview

What happens when a Green Card holder is detained at an airport or U.S. port of entry after returning from a trip overseas?

In recent months, green card holders have reported being detained at U.S. ports of entry after returning from overseas travel. Viral social media posts have told cautionary tales of individuals being taken to secondary inspection when passing through customs.

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

Returning Residents vs. Arriving Aliens

Permanent residents returning from temporary foreign travel are classified by Customs and Border Protection officers as either (1) Returning Residents or (2) Arriving Aliens.

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 the 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 abandoning their permanent residency 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. Engaging in Illegal Activity in violation of immigration law

  • Engaging in illegal activity while overseas can jeopardize your permanent residency. In such cases, the green card holder can be subject to further inspection and denied entry

4. 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

          5. Past Criminal Record

  • Criminal offenses that occurred prior to departing the United States may also lead to further inspection, including a permanent bar from re-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.

What Are Your Rights at the Airport?

DO NOT 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 Sign Anything You Don’t Understand:Do not let fear, ignorance, or confusion lead you to sign anything you do not understand. There may be very serious consequences in doing so. You must ensure you understand any document before signing it. Additionally, even in such circumstances, it is strongly advised to speak with an immigration attorney before signing any document to fully comprehend its legal consequences.

Conclusion

To avoid any complications, speak with an experienced immigration attorney before engaging in any temporary foreign travel. Your attorney can evaluate any potential issues you may encounter when re-entering the United States and advise you regarding the documentation you should carry with you to demonstrate your compliance with immigration laws in case you are taken to secondary inspection.

Your attorney can also help you develop a plan of action in case of detainment or inspection. Do not let customs officers intimidate you. Instead, be informed and well-prepared in advance to avoid any issues.

Contact Us. If you need assistance with your immigration matter, please text 619-483-4549 or call 619-819-9204.

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