In recent months, more and more green card holders at U.S. borders have reported issues during reentry. From extended questioning to being asked to surrender their lawful permanent resident (LPR) status, these incidents have become a cause for concern.
At Orange Law Firm, immigration attorney Houston Karan Joshi is working closely with clients to help them avoid these situations. This guide outlines why these problems are happening, what rights permanent residents have, and how to prepare for international travel the smart way.
What’s Causing the Scrutiny at the Border?
There has been no formal policy change affecting green card holders at U.S. borders, but enforcement trends have shifted. Customs and Border Protection (CBP) officers now exercise greater discretion when screening all non-citizens, including LPRs.
Common reasons green card reentry problems occur include:
- Staying outside the U.S. for over six months
- Having a pending green card renewal or adjustment
- Past immigration violations or deportation orders
- Engagement in politically sensitive activism
- Travel from specific regions or communities
- Lack of strong ties to the U.S., especially after a long absence
CBP officers are not supposed to judge based on country of origin or cause of travel, but reports from immigrant communities suggest these factors often influence questioning.
Domestic vs. International Travel
It is important to keep in mind that these problems only occur at international borders and airports. Green card holders are not detained based on their status while traveling within the U.S. The concern is strictly related to returning from abroad.
Your Legal Rights at the Port of Entry
Green card holders at U.S. borders have the legal right to return to the country unless an immigration judge has formally revoked their status. CBP officers do not have the authority to cancel a green card on the spot. However, they may try to pressure travelers into giving up their status voluntarily.
This pressure often comes in the form of Form I-407, which is basically a document that shows that the person is voluntarily giving up their green card. If a CBP officer presents this form to you, you have the legal right to refuse.
In case of forced signing, the document should be written as: “I do not wish to withdraw my permanent residency.”
Never sign Form I-407 unless you fully understand the consequences. Many detained green card holders have unknowingly signed this form, thinking it was a routine document, only to lose their green card status permanently.
Understanding the Risks of Form I-407
Signing Form I-407 has irreversible consequences in most cases. Even if you were confused, felt pressured, or signed without legal advice, the government may treat it as voluntary abandonment.
Travelers returning after a long time, especially elders, have to face more pressure at the border. If any document has been signed under duress or confusion, don’t delay—contact a trusted immigration attorney in Houston immediately. Time is a critical factor in reopening such cases.
Device Searches and Privacy at the Border
Not only questioning at the border, but personal gadgets of green card holders can also be checked. CBP has the right to search devices without a warrant.
These searches can include:
- Basic Searches – A quick check of photos, messages, and apps
- Advanced Searches – A deeper forensic scan that may include copying data for storage
While you cannot be forced to provide passwords, CBP can require biometric unlocking, like fingerprints or face scans.
What to Do If You Are Detained
If you are detained for more than 48 hours, family members can try to locate you through the ICE Detainee Locator. During initial CBP questioning, legal representation is not required. However, once formal proceedings begin, you are entitled to an attorney.
At Orange Law Firm, we regularly advise detained green card holders on asserting their rights and navigating next steps, including how to avoid signing documents under pressure.
Preparing for International Travel as a Green Card Holder
When you’re leaving the US, be prepared for questions from immigration officers—and carry proof of your US citizenship. This can include:
- Pay stubs or job verification
- U.S. tax return copies
- Mortgage papers or lease agreements
- School enrollment for children
- Bank records or utility bills
If you are planning a long trip, do not forget to get a re-entry permit before leaving the US, this secures your legal status.
Those with complex histories—like previous violations or past removal orders—should consult an immigration attorney in Houston before booking international travel. This step alone can prevent serious green card reentry problems.
Conditional Green Card Holders: Special Considerations
2-Year Conditional Green Card holders may face some extra questioning at the border, especially if they are on marriage or investment basis. You may face delays if:
- Your green card has expired
- You’re awaiting approval of Form I-751 or I-829
- You spent significant time outside the U.S.
Always carry both your expired card and the official USCIS receipt notice showing your extension request. Together, these prove your status is still valid.
When to Seek Legal Guidance
Before international travel, talk to an immigration attorney in Houston if:
- You’ve ever had an immigration violation
- You spent more than 180 days outside the U.S.
- You’re involved in political activism
- You’ve previously faced secondary inspection
These scenarios often lead to CBP delays and questioning. Having a lawyer’s contact details ready—or even a signed G-28 form—is wise.
Final Tips for Green Card Holders at U.S. Borders
To stay protected during reentry:
- Don’t sign Form I-407 under pressure
- Carry solid proof of your U.S. ties
- Stay calm and confident, not defensive
- If challenged, ask for a hearing before an immigration judge.
- Share travel plans with someone you trust
Work With Orange Law Firm to Protect Your Residency
If you’re concerned about international travel, past absences, or aggressive questioning, let Orange Law Firm help. Attorney Karan Joshi and his team understand the real-world issues facing green card holders at U.S. borders.
For safe reentry, we review clients’ documents, develop a legal strategy based on their situation, and prepare them step-by-step.
- Call now: 713-885-9787
- Visit: www.orangelaw.us
Don’t leave your status to chance. Let our experienced team help you return home safely and protect your future in the U.S.
