What You Need to Know About Your Rights Upon Reentry
March 26, 2025
Traveling internationally as a green card holder comes with certain responsibilities and potential challenges upon reentry to the United States. Many lawful permanent residents (LPRs) are unsure of what to expect at a U.S. port of entry, especially if they have been outside the country for an extended period. At McBean Law, we specialize in helping green card holders navigate these complex immigration matters, ensuring they understand their rights and what to do if they encounter difficulties with Customs and Border Protection (CBP) officers.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law, a New York immigration law firm. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.
Your Rights as a Green Card Holder When Entering the U.S.
As a lawful permanent resident, you have the right to return to the United States unless you have abandoned your residency or committed a serious offense that makes you inadmissible. CBP officers have the authority to inspect you, but they must adhere to legal guidelines.
For instance, let’s consider the case of Luis, a lawful permanent resident who traveled to his home country to visit his parents. Due to a family emergency, he stayed longer than expected. Upon his return to the U.S., CBP officers took him aside for secondary inspection, questioning him about his extended stay and whether he still maintained U.S. residency. They also inquired about a past criminal case on his record. Nervous and unsure of what to say, Luis feared that any mistake could jeopardize his green card.
This situation is not uncommon. If you find yourself in a similar position, it is crucial to know your rights:
1. You Have the Right to Return – Unless you have abandoned your residency or committed a serious offense, you have the right to reenter the U.S. Even if there are concerns about your residency status, there is a legal process to determine whether you can remain in the country.
2. CBP Cannot Detain You Indefinitely – If you are subject to secondary questioning, there must be a valid reason for it. CBP officers cannot hold you indefinitely without proper justification.
3. You Can Remain Silent – Beyond providing basic identification and travel details, you have the right to remain silent. However, refusing to answer questions about your residency status may raise suspicion.
You can watch Attorney LaToya McBean Pompy’s YouTube video, “Green Card Holder TRAVEL Tips and Rights for Re-entering the U.S.”, to gain valuable insights on traveling as a lawful permanent resident. In the video, she explains the essential documents required for re-entry, how long you can stay abroad without jeopardizing your green card status, what to expect during Customs and Border Protection (CBP) inspections, and how to avoid unintentional abandonment of residency.
What CBP Officers Can and Cannot Do During Inspection
CBP officers have specific protocols when inspecting green card holders. They may question your eligibility to reenter if you have been outside the U.S. for more than six months, as this could suggest abandonment of your residency. Additionally, they can inquire about:
- Any criminal convictions that might make you inadmissible.
- The validity of your green card if it is lost or expired.
- Any activities you engaged in that could violate your immigration status.
If any of these situations apply, you may be sent to secondary inspection for further questioning. During this process, CBP officers may conduct a more thorough review of your travel history, immigration status, and any past violations. While they can hold you for an extended period, they must have a legitimate reason for doing so.
If CBP determines that you are no longer eligible for a green card, they may issue a Notice to Appear (NTA) for removal proceedings. However, they cannot take away your green card on the spot unless you voluntarily surrender it.
Tips for Handling Extensive Questioning or Secondary Inspection
If you face difficulties at the port of entry, here are some important tips to follow:
1. Stay Calm and Respectful – Arguing with CBP officers can escalate the situation. Remain polite and composed throughout the inspection process.
2. Do Not Sign Anything Without Understanding It – If CBP pressures you to sign a document admitting wrongdoing or giving up your green card, ask to speak with an immigration lawyer before taking any action.
3. Request Legal Counsel If Detained – While you do not have the same right to a government-appointed lawyer as in criminal cases, you do have the right to consult an exprienced attorney regarding your immigration status.
4. Provide Alternative Proof of Green Card Status – If your green card is lost or expired, present other official documentation, such as a passport stamp or reentry permit, to verify your status.
Final Thoughts
Immigration laws can be complex, and even lawful permanent residents may face unexpected challenges when reentering the U.S. Consulting an experienced immigration attorney can help you prepare for reentry, address concerns about past convictions or extended absences, and safeguard your status as a green card holder.
We specialize in assisting green card holders with these issues. Reach out to McBean Law, a reputable New York immigration law firm. We are here to guide you through these uncertain times with confidence. Schedule a consultation with us by calling (914) 898-9488. Follow us on YouTube, TikTok, Instagram, and Facebook for more resources and updates.
