In today’s climate of increased immigration enforcement, even Lawful Permanent Residents (LPRs)—commonly referred to as green card holders—are subject to heightened scrutiny when re-entering the United States after international travel. While LPRs generally have more rights than nonimmigrants, U.S. Customs and Border Protection (CBP) officers can still subject them to intensive questioning, secondary inspection, and even attempts to pressure them into surrendering their permanent resident status.

This article explains what green card holders should expect at U.S. ports of entry (POEs), how to avoid jeopardizing your immigration status, and what legal rights you have if detained.

Are You a “Returning Resident” or an “Arriving Alien”?

When you return to the United States, CBP will evaluate whether you are a “returning resident” (who should be allowed re-entry) or an “arriving alien” (who may be denied entry or placed into removal proceedings).

CBP may consider you an “arriving alien” if they believe you have:

• Abandoned your LPR status;
• Been outside the U.S. for more than 180 continuous days;
• Committed crimes abroad or engaged in illegal activity since departure;
• Left the U.S. while in removal or extradition proceedings;
• Committed certain crimes without a waiver;
• Attempted to enter without inspection.

If none of these apply, you are legally a returning resident and should be admitted without issue.

What Is Secondary Inspection?

If CBP has questions about your admissibility or needs more time to review your case, you may be sent to secondary inspection. This does not automatically mean you’ve done something wrong.

During secondary inspection, CBP may:

• Ask detailed questions about your travel history, activities abroad, or prior immigration violations;
• Collect biometric data (fingerprints and photographs);
• Search and temporarily seize your phone, laptop, or other digital devices;
• Review your online presence, including social media accounts;
• Detain you if they believe you’re inadmissible.

Important: You can request a receipt for any devices CBP takes from you. If detained, you are entitled to speak with your consulate and should request an interpreter if you are not fluent in English.

Do Not Sign Form I-407 Without Legal Advice

In some cases, CBP may try to convince you to sign Form I-407, “Record of Abandonment of Lawful Permanent Resident Status.” Signing this form means you are voluntarily giving up your green card—and it is very difficult to undo.

Do not sign Form I-407 unless you have spoken with an immigration attorney. Here’s what you need to know:

• You cannot lose your green card solely due to extended time abroad. You have the right to a hearing before an immigration judge.
• The government must prove abandonment by clear, convincing, and unequivocal evidence in court—not just at the airport.
• If you refuse to sign, CBP must issue you a Notice to Appear (NTA) and refer your case to immigration court.
• If your green card is taken, request an I-551 stamp in your passport as temporary proof of your permanent resident status.

Your Rights If Detained by CBP

If CBP detains you, remember that you still have rights:

• Right to Contact Your Consulate: Your consulate can help notify your family or find a lawyer.
• Right to Legal Advice: Ask to speak to a lawyer. While CBP does not have to allow access to counsel at the border, your request will be on record.
• Right to Remain Silent: You do not have to answer every question, especially if it involves potential criminal liability.
• Right to Read Before You Sign: You must be allowed to review written statements in a language you understand. Don’t sign anything you don’t understand or disagree with.
• Right to an Interpreter: Ask for an interpreter if you’re unsure about the language being used.

Most importantly, do not waive your right to appear before an immigration judge. Only a judge—not CBP—can revoke your permanent resident status.

Questions About Political Views or Religion

In recent years, CBP officers have increasingly asked about political beliefs, religious views, or participation in protests. These questions may violate your First Amendment rights.

You are not required to answer questions about:

• Your political affiliations,
• Participation in demonstrations,
• Religious practices or beliefs.

You may politely decline to answer or say:
“I’m exercising my right to remain silent regarding questions about my political or religious beliefs.”

Consult an Immigration Attorney Before You Travel

To avoid complications at the port of entry, speak with an immigration attorney before traveling internationally if any of the following apply:

• You have ever been arrested—even if charges were dropped;
• You have pending applications with USCIS or the immigration court;
• You previously overstayed a visa or worked without authorization;
• You are a conditional permanent resident;
• You have had a previous run-in with CBP or ICE.

Travel Smart: Prepare Before You Fly

Here’s a checklist to prepare for international travel as an LPR:

• Carry your attorney’s and consulate’s contact information in writing—not just on your phone
• Inform family of your itinerary and check in upon arrival
• Travel with a valid green card (not expired)
• If you have an attorney, consider carrying a signed Form G-28 in case you need to assert legal representation
• Pack a copy of your criminal court disposition or waiver approval, if applicable

What to Do If Detained at a Port of Entry

If you are detained, follow these steps:

1. Remain calm and polite.
2. Do not sign anything without understanding it.
3. Request to call your attorney or consulate.
4. Request an interpreter if needed.
5. Do not abandon your green card—refuse to sign Form I-407 unless advised by an attorney.
6. Ask for an I-551 stamp if your card is confiscated.
7. Request a hearing before an immigration judge if CBP alleges you are inadmissible.

Final Thoughts

Being detained or questioned at the airport can be intimidating, but knowing your rights as a Lawful Permanent Resident can make all the difference. CBP has broad authority, but they cannot take away your green card without due process.

By: Emily Neumann

Emily Neumann is Managing Partner at Reddy Neumann Brown PC with over 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Emily has helped transform the firm from a solo practice to Houston’s largest immigration law firm focused exclusively on U.S. employment-based immigration.  She received her Bachelor’s degree in Biology from Central Michigan University and her Juris Doctorate degree from the University of Houston Law Center. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management.