What Lawful Permanent Residents Need to Know Before Traveling Back to the U.S. Ports of Entry
In 2025, lawful permanent residents (LPRs)—also known as green card holders—are experiencing increased scrutiny at U.S. ports of entry as part of enhanced immigration enforcement measures. U.S. Customs and Border Protection (CBP) has stepped up secondary inspections and device searches, especially for those with prior immigration issues, law enforcement encounters, or politically sensitive affiliations. Understanding your rights and legal protections before you travel is critical.
Are You a “Returning Resident” or an “Arriving Alien”?
CBP officers are authorized to inspect all noncitizens, including LPRs. However, the classification they assign you—either “returning resident” or “arriving alien”—determines how your entry is handled.
You may be classified as an “arriving alien” if:
- You’ve been outside the U.S. for more than 180 days continuously.
- You are suspected of abandoning your LPR status.
- You’ve engaged in illegal activity abroad.
- You left the U.S. while in removal proceedings.
- You’ve committed certain criminal offenses without a waiver.
- You’re attempting entry without inspection.
If CBP considers you a returning resident, you should be processed promptly and admitted. If not, you may be referred to secondary inspection.
What Happens in Secondary Inspection?
Secondary inspection does not necessarily mean you’re in trouble. However, it can lead to lengthy questioning or even temporary detention.
During secondary inspection:
- Your fingerprints and photos may be taken.
- CBP may search your devices and online activity.
- Officers may ask about your criminal, immigration, or political history.
- CBP may request you sign Form I-407, which officially abandons your green card.
Important: Never sign Form I-407 without first speaking to an immigration lawyer. CBP cannot revoke your permanent residency on the spot. You are entitled to a hearing before an immigration judge if abandonment is suspected.
If CBP Detains You: Know Your Legal Rights
Should CBP detain you, remember:
- You have the right to remain silent.
- You can ask to speak to a lawyer. While CBP may deny access, making the request is important for the record.
- You have the right to contact your consulate.
- You should never sign documents you don’t understand. Request a translator and review all written statements.
- You have a right to a hearing before an immigration judge. Do not waive this right.
CBP and Questions on Politics or Religion
CBP may ask questions that probe your political or religious beliefs. You do not have to answer questions about First Amendment-protected activities. You are within your rights to decline.
Travel Tips for Lawful Permanent Residents
Before leaving the U.S., consult an immigration attorney if:
- You have any criminal record, including arrests without conviction.
- You have pending immigration applications.
- You’ve had past issues at the border or prior immigration violations.
- You are a conditional resident.
What to Bring When You Travel:
- A copy of your immigration attorney’s contact information.
- Contact details for your country’s consulate.
- A signed Form G-28 (Notice of Representation) from your attorney, if available.
- Your green card and supporting identity documentation.
Final Thoughts
The legal rights of lawful permanent residents at U.S. ports of entry are protected by statute and constitutional principles. However, due to the government’s broadened enforcement efforts in 2025, preparation is more critical than ever. If you anticipate any risk factors—criminal history, pending cases, or a long absence from the U.S.—seek legal guidance before departure.
At Ahluwalia Law Offices, we are committed to protecting your immigration status and ensuring that your reentry into the United States is smooth and legally sound.
