Jazmin Li
Green card holders are facing increased scrutiny at airports and border crossings, with some even being detained and questioned. An expired green card is not considered a valid form of identification, and while the TSA accepts expired IDs up to two years after expiration, it is unclear if this applies to green cards. It is recommended that green card holders double-check their immigration documents before flying and ensure they have other valid forms of identification, such as a passport or driver's license.
| Characteristics | Values |
|---|---|
| Can airport immigration stop you for an expired green card? | Yes, an expired green card can prevent you from re-entering the U.S. and you may be at risk of deportation. |
| What can you do to avoid this? | Double-check your immigration documents before flying. Make sure you have a valid, unexpired green card. |
| What else can you do to be safe? | Bring documents showing your life is rooted in the U.S. (e.g. U.S. tax returns, U.S. school enrollment records for children, evidence of U.S. bank accounts). Avoid trips longer than 6 months. |
| What if you have a criminal record? | Consult an immigration attorney before travelling. |
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What You'll Learn
Green card holders' right to re-enter the US
Green card holders have the legal right to return to the US unless a judge decides otherwise. Only an immigration judge can take away a green card holder's status. If a green card holder is pressured to sign Form I-407 (which would voluntarily abandon their residency), they can and should refuse to sign it. They have the right to a hearing in immigration court.
Green card holders are free to travel abroad, but if they spend more than a year outside the US at a time, they could be found to have abandoned their green card status. To avoid this, they can request a re-entry permit before travelling for a lengthy period. The re-entry permit is a travel document that allows green card holders to maintain their US residence when travelling abroad for up to 2 years. It is recommended that they apply for a re-entry permit for trips between 6 months and a year. For trips longer than 2 years, or if they did not apply for a re-entry permit before leaving, they will need to apply for an SB-1 visa (also called a "returning resident visa") at their nearest US embassy or consulate.
Green card holders should prepare before travelling internationally. They should bring documents showing that their life is rooted in the US, including US tax returns, US school enrolment records for children, and evidence of US bank accounts, insurance, or club memberships. They should double-check their immigration documents before flying and make sure their visa has not expired. They should also be aware that factors like a long trip abroad or a criminal record can raise suspicion at the airport.
In recent years, green card holders have faced tougher scrutiny at airports and border crossings. This has led to an increase in cases where green card holders are being detained, questioned, and pressured to give up their green cards at US ports of entry.
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Tougher scrutiny at airports
In recent years, green card holders have faced tougher scrutiny at airports and border crossings. This change comes amid a broader crackdown by the Trump administration to reduce both legal and illegal immigration to the United States.
For green card holders, factors like a long trip abroad, an expired green card, or a criminal record, no matter how minor, can raise suspicion at the airport. In a recent case, a 34-year-old green card holder was detained at Boston Logan International Airport over a decade-old misdemeanour charge for marijuana possession.
Due to the heightened scrutiny, immigration attorneys have provided tips on how to reduce the chances of running into problems while travelling. Firstly, it is recommended that green card holders double-check their immigration documents before flying, ensuring their visa is valid and that they do not have a renewal application pending. Additionally, travellers should carry documents that demonstrate their life is rooted in the U.S., such as tax returns, school enrolment records, and evidence of bank accounts, insurance, or club memberships.
If there are concerns about facing extra scrutiny, it is advisable to have a legal packet prepared, which could include proof of urgent family or medical reasons for travel, a signed G-28 form authorizing an attorney to represent you, and a personal statement explaining ties to the U.S. Furthermore, it is beneficial to have an immigration attorney's contact information on hand and to have a friend who can be quickly reached if there are issues entering the country.
While domestic travel within the U.S. does not pose a risk for green card holders, international travel and re-entry have become increasingly risky, even for those with valid visas and green cards.
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What to do if your green card is lost, stolen, or expired
If your green card is lost, stolen, or expired, you may face difficulties at the airport during immigration checks. It is important to carry valid immigration documents when travelling, and an expired green card may raise suspicion and lead to additional scrutiny or even denial of entry. Therefore, it is advisable to renew or replace your green card before your travels.
To renew an expired green card, you need to fill out Form I-90 ("Application to Replace Permanent Resident Card"), provide supporting documentation, and pay a filing fee if required. The receipt notice for Form I-90, along with your expired green card, can serve as temporary evidence of your lawful permanent resident status for 36 months from the expiration date. This allows you to maintain your work authorization during this period.
If your green card is lost or stolen, you should follow similar steps as for renewal by completing Form I-90. Additionally, if your green card is stolen, it is recommended to report the theft to your local police department and monitor your credit reports for any unusual activity, as a stolen card could potentially be used for identity fraud.
It is worth noting that the I-90 form can only be filed from within the United States. Therefore, if your green card is lost or stolen while travelling internationally, you may encounter challenges boarding your return flight and re-entering the country. In such cases, it is advised to consult an immigration attorney for tailored advice.
To summarise, it is crucial to maintain the validity of your green card and carry it with you when travelling. If your green card is lost, stolen, or expired, take the necessary steps to renew or replace it promptly, especially before international travel, to minimise potential issues at immigration checks.
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Criminal records and minor misdemeanours
Even misdemeanours can lead to serious immigration consequences, and could bar eligibility for a visa or green card. A “conviction” in the context of immigration refers to any outcome in which the defendant was found guilty or admitted guilt, even in the absence of a criminal record. “Aggravated felonies” are a specified list of crimes that will make an immigrant inadmissible to the US. Some crimes considered “aggravated felonies" for immigration purposes may be misdemeanours, or not even crimes, under state or federal criminal law. For example, sexual abuse of a minor includes consensual sex between a 21-year-old and a 17-year-old. Another type of criminal conviction that could make someone ineligible for a green card is a "crime of moral turpitude", referring to any crime committed with "evil intent".
When applying for a green card, the USCIS wants to know about every interaction with law enforcement, except for minor traffic issues. Lying on an immigration form can make someone ineligible for a green card, even if the incident being hidden would not have impacted eligibility.
It is advised that green card holders with criminal records consult an immigration attorney before travelling internationally, as the consequences of travelling abroad with a criminal record can be serious. The US government can treat those with criminal records as "arriving aliens", applying all grounds of inadmissibility found in US immigration law. If a border protection officer decides that someone is inadmissible, they will likely be detained in an immigration detention facility and placed in removal proceedings.
In some cases, green card holders with criminal records have been detained at airports, such as 66-year-old Victor Avila, who was detained at San Francisco International Airport after a trip to Japan. Lewelyn Dixon, a 64-year-old permanent resident, was arrested at Seattle Airport due to an old conviction from 2001.
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Rights at the border
Searches and Questioning
Customs and Border Protection (CBP) officers have broad discretion during inspections. They are allowed to search your devices without a warrant at the border. There are two types of searches: basic and advanced. Basic searches involve a quick check of your phone, laptop, or tablet without special tools, while advanced searches involve a forensic examination that can extract, copy, and retain data for up to 15 years. Devices are typically returned within five days.
You cannot be forced to provide your password, but CBP can require you to unlock devices using your thumbprint or facial recognition. If you are a U.S. citizen, you cannot be denied entry to the U.S. for refusing to provide passwords or device access. However, non-citizen visa holders and visitors run the risk of being denied entry if they refuse to provide a password.
Regarding questioning, you only have to answer questions establishing your identity and permanent residency, in addition to customs-related questions. Refusal to answer other questions may cause delay, but officials may not deny you entry into the U.S. if you have established your identity and residency. You do not have to answer questions about your immigration status, where you were born, whether you are a U.S. citizen, or how you entered the country.
Detention and Legal Representation
If you are detained, you have the right to call a lawyer or your family, and to be visited by a lawyer in detention. You have the right to have your attorney present at any hearing before an immigration judge. You do not have the right to have a lawyer present during initial questioning, but if CBP initiates removal proceedings, you have the right to legal representation in immigration court.
Green Card-Specific Considerations
If you are a green card holder, it is important to note that your green card cannot be revoked without a hearing before an immigration judge. Do not give up your green card voluntarily, and be aware that there are limited circumstances under which green card holders could be denied the automatic right to re-enter the U.S. These circumstances include prolonged absence from the U.S. and engagement in certain illegal activities.
To avoid issues at the border, bring documents showing your ties to the U.S., such as tax returns, school enrollment records, and evidence of bank accounts or insurance. Avoid trips longer than six months, and if you must stay abroad for an extended period, apply for a Reentry Permit in advance.
General Advice
Regardless of your immigration status, you have guaranteed rights under the Constitution. Stay calm and keep your hands visible when interacting with officers. Do not lie or provide false documents, and remember that you have the right to remain silent and do not have to discuss your immigration or citizenship status. If you are asked for your immigration papers, you must show them if you have them with you. You also have the right to refuse a search of your person or belongings without consent or probable cause.
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Frequently asked questions
Yes, airport immigration can stop you and question you if your green card has expired. You may also be at risk of deportation, especially if you have a conditional green card.
If you are stopped, you do not have the right to have a lawyer present during the initial questioning. However, if removal proceedings are initiated, you have the right to legal representation in immigration court.
You can carry your expired green card along with your Form I-90 receipt notice, which acts as evidence of your lawful permanent resident status for 36 months from the expiration date.
It is not recommended, as an expired green card can prevent you from re-entering the United States.
You may need to file a Form I-131A, Application for Travel Document, to allow you to board a flight back to the U.S. without the carrier being penalized.
