✈️ Trump Travel Tips
This Week’s Focus: Lawful Permanent Residents (LPRs) and International Travel
At McEntee Law, a firm founded by immigrants for immigrants, we know how scary international travel is at this time and we are here to help. That’s why we created Trump Travel Tips, a blog series designed to answer your pressing travel questions and offer clear, practical guidance to help safeguard your immigration status.
Our first post in this series was about international travel and electronics searches. This week, we’re turning our attention to green card holders (Lawful Permanent Residents or LPRs) who are returning to the U.S. after a trip abroad.
What Are My Rights as a Green Card Holder?
If you’re a green card holder traveling internationally, it’s essential to know your rights when re-entering the U.S.
Customs and Border Protection (CBP) officers can question you, inspect your luggage, and even search your electronic devices. While CBP has broad authority at the border, you do not forfeit all your rights just by returning to the U.S.
You Have the Right to a Hearing: One of the most critical protections for green card holders is the right to a hearing before an immigration judge. CBP officers cannot revoke your green card on the spot, no matter what they say.
Even if they suspect that you’ve abandoned your residency or are otherwise inadmissible, they must issue a Notice to Appear (NTA) and allow an immigration judge to make the final decision.
You do not have the right to an attorney during the initial CBP inspection.
However, if you are placed in removal proceedings or asked to attend a deferred CBP inspection site later, you can and should seek legal representation.
What is Form I-407?
The Trump Administration has emboldened CBP officers to act more aggressively, intimidating travelers, and often pushing legal boundaries. There have also been reports of officers pressuring or confusing green card holders into giving up their residency.
If you are traveling as a green card holder, be aware that CBP officers may try to persuade you to sign Form I-407, a document that voluntarily relinquishes your green card, particularly if you have been abroad for long periods of time. Officers may claim that you’ve “abandoned” your residency simply because you’ve been outside the U.S. for an extended period. That is not automatically true.
Signing Form I-407 should be voluntary. You should never be forced or pressured into signing it. No matter what border officers say, if you refuse to sign Form I-407, CBP cannot deny you entry. You must be permitted to enter and if they deem it necessary, you will have to appear in immigration court later to demonstrate to a judge that you did not intend on abandoning your permanent residency.
If you are faced with this scenario, you should decline the officer’s request and indicate that you wish to consult with an immigration attorney before signing any document presented to you by CBP.
Even if you do sign Form I-907, you may still be able to fight to get your status back, but this will likely be complex and take some time so it’s best to be aware that you do not *have* to sign this to return to the U.S.
Important Considerations When Traveling with a Green Card
To help avoid issues at the border, green card holders should take the following precautions before and during international travel:
- Limit time spent abroad: Short trips are typically fine but spending more than six months abroad may raise red flags with CBP. Extended absences can trigger questions about whether you’ve abandoned your U.S. residency. Even absences of shorter than 6 months may draw scrutiny so always be prepared to explain – and demonstrate – that you do not intend on abandoning your residency in the U.S. If you think you will need to go abroad for longer than 6 months or a year, consult an immigration attorney and consider applying for a re-entry permit (Form I-131). This is a special permit that requests permission to leave the U.S. for a period longer than one year and confirms that you intend to return and resume your permanent residence after this.
- Bring documentation of your ties to the U.S.: If you have extended absences, it might make sense for you to have documents that show your strong ties to the U.S. such as a valid lease or mortgage, employment verification, tax returns, utility bills, or evidence of close family relationships. This can help demonstrate that you have not abandoned your permanent residency.
- Renew your green card on time: If your green card is close to expiring, consult an immigration attorney to ensure you have the proper documents in place before traveling. This can help prevent delays or complications upon re-entry.
- Prepare for questions at the border: CBP officers may ask about your travel history, documentation, and reasons for any prolonged absences. Stay calm, answer honestly, always remain courteous, and make sure you have appropriate documentation. (An experienced immigration attorney can help prepare you for CBP questioning in advance.)
- Consult an immigration attorney: If you anticipate any issues – such as long trips abroad, past immigration complications, or expired documents – consulting with an immigration attorney before traveling can help you protect your permanent resident status.
Can CBP Challenge My Status?
As a Lawful Permanent Resident, you are only required to answer questions establishing your identity, permanent residency, and customs-related questions. However, factors that may complicate or risk your ability to re-enter the U.S. include:
- Evidence that suggests you have abandoned or relinquished your residency
- Being outside the U.S. for more than 180 days in one trip
- Committing a crime
- Leaving the U.S. during removal (deportation) proceedings
- Engaging illegal activity after leaving the U.S.
- Attempting to enter the U.S. at an unauthorized location
Remember, even if any of the above may apply to you, you still have the right to a hearing before an immigration judge. CBP does not have the power to unilaterally revoke your status.
Can CBP Search My Electronic Devices?
As discussed in a previous post, CBP has broad authority to search your phone, laptop, and social media at the border. Stay alert and take precautions to protect your privacy and sensitive data before you depart.
Final Thoughts
Traveling as a green card holder comes with certain responsibilities but it’s just as important to remember that you have rights.
Knowing and exercising those rights may help you avoid complications at the border. If CBP questions your status, keep in mind:
- You are not required to sign Form I-407.
- You have the right to a hearing before an immigration judge.
Before making any decisions that could affect your immigration status, especially while traveling, it’s always wise to consult with an experienced immigration attorney.
Stay informed. Stay prepared. And don’t let fear – or CBP – override your rights.
