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Can Green Card Holders Be Detained at the Airport? Know Your Rights Before You Travel

Green card holders traveling internationally are not immune from border scrutiny. In fact, U.S. Customs and Border Protection (CBP) has increased secondary inspections for lawful permanent residents (LPRs), raising serious concerns about potential delays—or worse—denied reentry and the risk of losing permanent resident status.

If you’re a green card holder planning to travel abroad, here’s what you need to know to protect your rights and residency when reentering the United States.

Why Green Card Holders May Be Detained at a Port of Entry

Even though green card holders are authorized to live and work in the United States, CBP officers at airports and land borders have the legal authority to question them upon reentry. You may be sent to secondary inspection for several reasons:

• Extended time abroad: Staying outside the U.S. for over 180 days may lead officers to believe you abandoned your residency.
• Criminal record: Even past offenses from years ago can trigger additional questioning and potential deportation proceedings.
  
• Pending removal proceedings: If you left the U.S. during such proceedings, reentry could result in detention.
  
• Immigration fraud: If CBP suspects your green card was obtained fraudulently, they may initiate deportation.
  
• Violation of terms: Engaging in unauthorized work or illegal activity abroad could jeopardize your lawful permanent residency.
  
  

What to Do If You’re Sent to Secondary Inspection

If you’re detained at a port of entry, remain calm and be aware of your rights:

• Stay polite and cooperative, but do not provide more information than asked.
• Request to contact your immigration attorney. While CBP is not required to allow it at this stage, asking is still advised.
  
• Do not sign Form I-407, which would voluntarily relinquish your green card, without first speaking to an attorney.
  
• Ask for a hearing before an immigration judge if CBP questions your admissibility or alleges you abandoned residency.
  
• Request written documentation if you are denied entry or detained.
  
  

How to Avoid Problems at the Border

Preparation is key to avoiding complications when returning to the U.S.:

• Limit absences to under six months. For longer trips, apply for a reentry permit (Form I-131) before departure.
• Maintain strong U.S. ties like a primary residence, job in the U.S., tax filings, and bank accounts. Returning to the U.S. to reunite with close family members who are U.S. citizens or green card holders is also a favorable consideration. 
  
• Apply for a obtain approval for Reentry Permit before departure
• Carry documents that 1) support the temporary nature of your stay abroad (i.e.medical records, letters from “qualified” U.S. employers or military confirming temporary work or duty abroad, family-related paperwork); and 2) supporting documents that prove your close ties to the United States.
• Consult an immigration attorney before traveling if you’ve had legal trouble, extended absences, pending immigration matters or are not sure what to do.

Final Thoughts

While lawful permanent residents have the right to reenter the United States, these rights are not absolute. CBP officers have wide discretion, and green card holders can be detained, questioned, or even placed in removal proceedings under certain circumstances.

If you are planning international travel or have been detained at a port of entry, seeking legal guidance immediately can protect your green card and prevent permanent consequences.