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Know your rights when returning to the U.S. as a lawful permanent resident

All people arriving at the U.S. Border or a Port of Entry (POE) have some basic rights. Lawful Permanent Residents (LPRs), also known as green card holders, enjoy greater rights than non-immigrants when returning to the United States after travel abroad. Like all international travelers, LPRs are subject to inspection by U.S. Customs and Border Protection (CBP) when arriving back in the United States either by air, land or sea. As an LPR, CBP will screen you to determine whether you are a “returning resident” or an “arriving alien.”

If CBP claims it is unable to admit you upon returning to the U.S., you may be taken to a separate area for “secondary inspection.” If you are sent to secondary inspection, you can expect to be detained anywhere from a few minutes to several hours or longer. During the secondary inspection process, a CBP officer will ask you questions and may collect biographic and biometric data, conduct background checks, and conduct other investigation to determine whether you should be admitted to the United States.

If you are detained by CBP in secondary inspection, you have the following rights:

You DO NOT have privacy rights that protect you from CBP accessing your mobile phone, computer, tablet, or other electronic devices. A CBP officer may search your device and access your email and screen your social media activity during the inspection process. Your phone, laptop, or other digital device may be held and returned to you later.

If CBP determines that you are a “returning resident,” you should be processed quickly and admitted to the U.S. However, if CBP determines you to be an “arriving alien,” it means that any of the following may have occurred:

Right to a Hearing before an Immigration Judge.  An LPR who is deemed to be an “arriving alien,” may be charged as removable from the United States. LPRs that are charged as removable have the right to request a hearing before an immigration judge.

Abandonment of Residence/LPR Status.  A CBP officer may attempt to convince you that you abandoned your residence because of your absence from the United States or for other reasons and may urge you to sign a Form I-407, Record of Abandonment of Lawful Permanent Resident Status.  If this occurs, the CBP officer will also attempt to have you returned to your departure destination.  Before signing a Form I-407, it is important to know the following:

If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own.

If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.

If CBP takes your permanent resident card (“green card”), you have the right to other evidence of your LPR status, such as a stamp in your passport.

Future Travel. To avoid delays at the ports of entry or legal issues in the future, you should consult with an immigration attorney prior to traveling if you:

If you are an LPR and have had delays by CBP at a port of entry, contact us and we can analyze your situation and advise you how you can more safely travel internationally and maintain your permanent resident status.

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