Stopped at the Border? Green Card Holders, Protect Your Rights!

What to do (and never do) if CBP questions your return to the U.S.

If you have a green card, here’s something most people never tell you:  it is possible to be stopped, questioned, and even delayed coming back into the U.S. And yes, it’s been happening more often.

Maybe you just got back from visiting family abroad… you’re tired, you just want to get home. You hand over your passport and green card. The officer types your name… and suddenly, they tell you to “step into secondary.”

Why? It could be a flag in a government database. It could be how long you were gone. It could be something in your history from years ago.

U.S. Customs and Border Protection — CBP — now screens every passenger through something called the Automated Targeting System, or ATS. This system checks your information against law enforcement and intelligence databases.

If the ATS flags something — for example:

• A long absence from the U.S.
• A past arrest or conviction
• Certain travel patterns

…you may be sent to secondary inspection for more questioning.

And this isn’t just theory. Immigration attorneys all over the country, including members of the American Immigration Lawyers Association — or AILA — have reported more cases of green card holders being detained when CBP thinks certain legal exceptions might apply under the Immigration and Nationality Act, section 101(a)(13)(C).

Returning to the U.S. as a Green Card Holder

So here’s what the law says: If you are a Lawful Permanent Resident — or LPR — you generally have the right to enter the U.S. after traveling abroad. You keep your status unless:

1. You give it up voluntarily by signing Form I-407
2. An immigration judge orders you removed
3. The government proves you abandoned it

That’s it.

And here’s something important: as a green card holder, you are generally not subject to expedited removal. That means CBP can’t just decide you lose your green card. If they believe you may be inadmissible, they must send your case to an immigration judge.

“Returning Resident” vs. “Arriving Alien”

Most green card holders coming back are treated as returning residents — which is good, because it means you’re not applying for admission again. You’re simply coming home.

But there’s another category: arriving alien. And if CBP decides you fit into this category, your entry can be challenged.

Under the law, there are six main reasons CBP can treat an LPR as an arriving alien. The most common are:

• Staying outside the U.S. for more than 180 days
• Committing certain crimes — called crimes involving moral turpitude — even if they happened years ago
• Leaving the U.S. during active removal proceedings
• Trying to reenter without using an official port of entry

And here’s the safeguard — the Board of Immigration Appeals has ruled CBP must have clear and convincing evidence to treat you as an arriving alien.

So what actually gets people pulled into secondary inspection?

Common Triggers for CBP Scrutiny

• Long absences: Let’s say you take a seven-month trip to care for a sick parent overseas. CBP will want proof you kept strong ties to the U.S. — like a job, home, or bank accounts.
• Criminal history: Even something like a shoplifting conviction from years ago can trigger a flag.
• Illegal activity after leaving: If you’re arrested abroad, that could be enough.
• Leaving during removal proceedings: This is a major red flag.
• Database flags: ATS can refer you for secondary even if you meet all the other requirements.

Bottom line — a lot of this can happen even if you’ve been living in the U.S. for decades.

Now, here’s the part you need to remember:

• You have the right to a hearing before an immigration judge — CBP cannot take your green card without due process.
• You have a limited right to counsel during inspection. This means you usually can’t have your attorney with you right there in secondary, but you have full rights once your case goes to court.
• You do not have to sign any form you don’t understand — especially Form I-407.

If you take nothing else from this article, take that.

I’ve seen too many green card holders blindsided at the airport. They’re exhausted from travel, English isn’t their first language, and a uniformed officer is pressuring them to sign something “to make things easier.”

But here’s the truth: Signing away your status is permanent. Refusing to sign simply means your case goes to a judge — which is your right.

At Verdin Law, we know protecting your residency requires both preparation and quick action. Before you travel, we can review your case for risks, help you put together the right documents, and even file paperwork so CBP knows you have legal representation.

Travel as a green card holder should be routine — but these days, CBP is watching more closely. By preparing in advance, you lower your risks and protect your status.

Remember:

• You don’t have to sign away your green card at the border
• CBP cannot remove you without a judge
• You always have the right to contact your attorney — and if you wish, your consulate
• Preparation is your best defense

And if you or someone you care about is detained at a U.S. port of entry, acting quickly can make all the difference.

Call us immediately at (214) 741-1700. The sooner you get experienced immigration counsel involved, the more options you’ll have to keep your residency safe.

This is Part 1 of a 3-part series on what to do if you’re stopped at a U.S. port of entry. In Part 2, we’ll break down exactly what happens in secondary inspection: what CBP can and cannot do, what your rights are if they search your devices, and why you should never sign away your green card without legal advice.