Know Your Rights: A Guide for Lawful Permanent Residents at U.S. Ports of Entry

For Lawful Permanent Residents (LPRs), also known as Green Card holders, understanding your rights at U.S. Ports of Entry (POEs) is more crucial than ever. U.S. Customs and Border Protection (CBP) inspections are standard for all international travelers, and LPRs are currently facing increased scrutiny.

Returning Resident vs. Arriving Alien: What You Need to Know

CBP screens LPRs to determine if they are a “returning resident” or an “arriving alien”. While “returning residents” are typically processed quickly, you may be considered an “arriving alien” if CBP believes you have:

• Abandoned your LPR status.
• Been outside the U.S. for more than 180 consecutive days.
• Engaged in illegal activity abroad.
• Departed the U.S. during removal or extradition proceedings.
• Committed certain criminal offenses without an immigration waiver.
• Attempted to enter without inspection.

Understanding Secondary Inspection

If issues arise during your initial inspection, you may be directed to “secondary inspection”. This doesn’t automatically mean trouble, but it can prolong your processing time. During secondary inspection, CBP may:

• Ask questions, run checks, and collect biographic and biometric data like fingerprints and photographs.
• Search and temporarily hold electronic devices, including screening your social media. You can request a receipt for any devices taken.
• Detain you if they have concerns about your admissibility.

Important Warning: Form I-407

CBP might ask you to sign Form I-407, “Record of Abandonment of Lawful Permanent Resident Status”.

Do NOT sign this form without speaking to a lawyer. Form I-407 must be signed voluntarily. Key points to remember about Form I-407:

• You cannot lose LPR status due to time outside the U.S. without an immigration judge’s review of a presumption of abandonment.
• The government must prove abandonment in removal court proceedings with clear, unequivocal, and convincing evidence, which CBP cannot do at the border.
• Refusing to sign Form I-407 requires CBP to issue you a Notice to Appear for immigration court.
• If your green card is taken, request evidence of your status by having your passport stamped. If refused, you can schedule a USCIS appointment for an I-551 stamp.

Your Rights If Detained

If detained due to inadmissibility concerns or refusal to sign Form I-407, you still have important rights:

• You can contact your consulate, who can help you reach a lawyer or family member.
• You can ask to speak with a lawyer.
• You have the right to remain silent and should not sign any documents without legal advice, especially if you find errors or disagree with the content.
• You have the right to review all written statements prepared for you in a language you understand.
• You can request an interpreter if you don’t fully understand questions or documents.

Right to an Immigration Judge

If CBP claims you are removable, you have the right to a hearing before an immigration judge. Do not waive this right, as only an immigration judge, not CBP, can revoke your green card status.

Questions About Politics, Religion, or Activism

CBP may inquire about your political beliefs, associations, or participation in protests. You are not obligated to answer questions about protected First Amendment activities and can decline to respond to inappropriate questions.

Before You Travel: Consult an Immigration Lawyer

It is highly recommended to consult an immigration lawyer before traveling if you have:

• A criminal record, even for minor offenses, arrests, or pending cases.
• Pending applications with USCIS or immigration court.
• Past immigration violations or challenging interactions with CBP.
• Conditional resident status.

Important Reminders for Travel

• Carry your lawyer’s and consulate’s contact information on a separate piece of paper.
• Inform your family about your travel plans and check in upon arrival.
• If detained, try to contact a lawyer or have someone advocate for you. A signed Form G-28 from your immigration lawyer can be helpful.

For additional legal support and case review, always consult a licensed immigration lawyer. This information is for general guidance only and does not constitute legal advice.

Free Know Your Rights Resources from Kaza Law

Whether you’re traveling, at work, or home, we want you to be prepared. Download and share these free tools to help protect yourself and your loved ones:

• Family Preparedness Plan – So your loved ones know what to do if you’re detained
• Know Your Rights at Home & Workplace – What to say and do if ICE or law enforcement shows up
• Printable Red Cards – Hand these cards to officers to assert your right to remain silent

Final Thoughts

Navigating a U.S. Port of Entry as an LPR can be complex, especially with heightened enforcement. Being prepared and informed about your rights is your best defense. Remember, the information provided here is for general purposes and does not substitute legal advice. Always consult a competent, licensed immigration attorney for specific legal guidance regarding your situation. Book a consultation with our team at Kaza Law.

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My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.