Criminal and Immigration History Can Raise Flags

Not all green card holders are treated equally at the border. If someone has a criminal history—whether before or after receiving a green card—or if they’ve previously had a case in immigration court, reentry can become more complicated. These factors may prompt a deeper review by Customs and Border Protection (CBP).

Time Abroad Matters More Than Ever

One of the clearest rules is that green card holders must reside in the U.S. at least half of the year. Staying abroad for more than six months or trying to live part-time in another country increases the risk of being considered to have abandoned U.S. residency. For trips longer than a year, a reentry permit is required to avoid serious issues.

Due Process Is Not Guaranteed at the Border

Although CBP agents don’t have the authority to revoke a green card on the spot, there are growing concerns that due process rights are not always being respected. In some cases, travelers have been pressured into signing Form I-407, which voluntarily gives up green card status. Knowing your rights—and refusing to sign anything without legal advice—is essential.

How to Travel Smart and Minimize Risk

To lower the risk of complications when returning to the U.S., green card holders should:

• Keep trips under six months

• Carry proof of ties to the U.S.

• Avoid long absences or a pattern of living abroad

• Never sign Form I-407 under pressure

• Politely request to speak to an immigration judge if questioned intensely

Traveling with a green card is no longer a guarantee of smooth reentry. For many, waiting to become a U.S. citizen before traveling offers peace of mind. Others choose to travel carefully, fully aware of the potential risks. Whether you’re planning a once-in-a-lifetime celebration or just visiting family abroad, make sure you’re making an informed decision. Reach out today for guidance tailored to your unique situation.