Tag: Abandonment of Lawful Permanent Resident Status

Nowadays, a non-U.S. citizen returning from travel outside the United States is not necessarily guaranteed a smooth entry, even with a validly issued visa or lawful permanent resident (LPR) status. Many immigrants—including not just undocumented individuals but also green card holders—are increasingly fearful of their status. This atmosphere of fear has been fueled by the current administration’s heightened enforcement of immigration laws, along with stricter scrutiny of individuals’ past immigration and criminal histories upon entry into the U.S.

With recent news reports of numerous LPRs being detained at airports, this article aims to provide guidance on whether you might be at risk of possible detention or arrest upon arrival.

Why Are Lawful Permanent Residents Being Detained at Ports of Entry/Airports After Traveling Abroad?

A non-U.S. citizen is granted lawful permanent resident status by the U.S. Citizenship and Immigration Services (USCIS) to allow them to permanently reside and work in the United States. Green cards may be issued through family-based or employment-based petitions, as well as humanitarian visas.

However, holding a green card does not mean that your status is truly “permanent” or that you are automatically guaranteed re-entry into the U.S. Like temporary visas, lawful permanent resident status is a privilege granted by the U.S. government—not an absolute right. If you fail to meet the residency requirements or engage in conduct that violates immigration laws, your green card may be revoked.

Traveling and Returning to the United States

General Rule

As a green card holder, you generally should not fear returning to the U.S. after traveling abroad. However, if you have a case or past actions that fall under grounds for revocation of your green card, you could face detention and secondary inspection by Customs and Border Protection (CBP) officers at the port of entry.

Returning Resident vs. Arriving Alien

In immigration law, understanding certain key terms is essential. When entering the U.S. with a valid visa—whether a green card or a temporary visa—you are expected to be admitted after inspection of your travel documents. If no legal grounds exist to deny your entry, CBP must allow you in. However, if there are deficiencies in your visa or circumstances rendering you inadmissible, you may be classified as an “arriving alien” rather than a “returning resident.”

Generally, green card holders are not considered arriving aliens. However, there are exceptions where an LPR may be classified as an arriving alien, which could put them at risk of inadmissibility and denial of entry.

For example, an LPR may be deemed an arriving alien if CBP suspects that they abandoned their resident status or if they fall under a category subject to removal from the United States. If this occurs, the CBP officer may place the individual in secondary inspection, detain them at the airport, or refer them to Immigration and Customs Enforcement (ICE), depending on the nature of their case.

Categories of Green Card Holders Who May Be Detained or Considered Arriving Aliens

Even before the current administration’s restrictive enforcement of immigration laws, legal provisions already existed for classifying certain green card holders as arriving aliens under Immigration and Nationality Act (INA) Section 101(a)(13)(C). A green card holder may be deemed an arriving alien if they:

• Have abandoned or relinquished their resident status
• Have been absent from the U.S. for a continuous period exceeding 180 days
• Have engaged in illegal activity after departing the U.S.
• Departed the U.S. while under legal proceedings for removal
• Have committed an offense that falls under INA Section 1182(a)(2) unless granted relief under INA 1182(h) or 1229b(a)

Criminal grounds of inadmissibility referred to in number 5 category refer to:

1. Crime involving moral turpitude;
2. Multiple criminal convictions;
3. Controlled substance traffickers;
4. Prostitution and commercialized vice;
5. Human Trafficker;
6. Money Laundering

To complicate matters for arriving aliens, there are certain crimes that require the law enforcers to detain non-U.S. citizens because of the Laken Riley Act which was enacted immediately after President Trump took office. Added to the crimes defined under existing law above, the following crimes may render the returning resident into stricter scrutiny:

1. Burglary;
2. Theft;
3. Larceny;
4. Shoplifting;
5. Assault of law enforcement officer;
6. Crime resulting in death or serious bodily injury to another person.

If an LPR falls into any of these categories—including those with prior criminal convictions—CBP may classify them as an arriving alien and detain them at the port of entry. However, similar to other immigrants detained after enforcement actions, LPRs detained at ports of entry still have rights they can exercise.

Before Traveling Abroad or Returning to the United States

The mere passage of time since receiving your green card or the fact that you have previously traveled in and out of the U.S. without incident does not guarantee future entry. Given the stricter enforcement environment, it is crucial to exercise due diligence before traveling.

What You Should Do:

1. Consult an immigration attorney before traveling if:
   • You have a prior arrest or criminal record (convictions or pending charges)
   • You have a pending case with immigration court or USCIS
   • There is anything in your immigration history that was not disclosed during your green card application and could raise questions upon re-entry
2. Be mindful of extended absences from the U.S.
   • Staying outside the U.S. for more than six months may have serious consequences. While this alone may not revoke your green card, CBP may view it as evidence of abandonment.
   • If pressured to sign an abandonment of residence form at the airport, know that you are not required to sign it against your will.
3. Know your rights as a lawful permanent resident.
   • Understanding the legal framework surrounding LPR status will help you navigate interactions with CBP officials and avoid unnecessary complications upon return.

Final Thoughts

Not all green card holders are at risk of being detained at the airport upon re-entry. However, those classified as “arriving aliens” may face heightened scrutiny and potential enforcement actions by CBP. If you are an LPR, remember: “Use it, or lose it.”

(Author Atty. Lourdes Santos “Atty. Lou” Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)