At NPZ Law Group, we are hearing that other of our colleagues are seeing increased enforcement actions at U.S. ports of entry involving lawful permanent residents (LPRs) returning from extended international travel. If you hold a green card and plan to stay outside the U.S. for six months or more, you could face serious consequences—even if your trip is less than one year.
Why This Matters Now
U.S. Customs and Border Protection (CBP) officers are applying stricter scrutiny to green card holders who have been outside the country for six months or longer. This includes questioning travelers about their ties to the United States, their intent to return, and, in some cases, pressuring them to voluntarily surrender their green card.
What Are the Risks?
If CBP officers believe you have abandoned your permanent resident status, they may:
- Issue a Notice to Appear in immigration court
- Ask you to sign Form I-407, relinquishing your green card
- Place you in removal proceedings, with hearings that may take months
- Deny bond or detain you upon return, especially if you have a criminal record or unresolved arrest
In some cases, individuals who leave the U.S. after being placed in proceedings could be issued a removal order in absentia, resulting in a 5-year bar from reentry.
What You Can Do to Protect Yourself
To avoid these complications, NPZ recommends that green card holders planning an extended trip consider applying for a Reentry Permit (Form I-131) before departing the U.S.
Key points:
- A Reentry Permit is valid for up to 2 years and signals your intent to maintain U.S. residency
- You must be physically present in the U.S. to apply and attend biometrics
- If you are already abroad, you may need a Returning Resident (SB-1) visa, which is difficult to obtain
Additional Considerations
- Do not sign Form I-407 at the border without speaking to an attorney
- Be aware that green card status can’t be revoked by a CBP officer alone
- Individuals with past criminal issues face heightened risks and should seek legal advice before travel
- High-net-worth individuals should also consider the tax implications of abandoning U.S. residency
Need Advice?
NPZ Law Group can help you plan your travel, preserve your green card, and avoid the risks of abandonment. If you’re abroad or preparing to travel, contact us for a personalized consultation.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Contact us today.