Who Is at Risk When Traveling Abroad as a Green Card Holder?

With the recent tightening of U.S. immigration enforcement, certain green card holders should exercise caution when traveling abroad. Specific circumstances may increase the likelihood of complications at U.S. ports of entry. Who should be particularly mindful of traveling internationally?

1. Green Card Holders with Criminal Records

The U.S. Department of Justice and the Department of Homeland Security thoroughly examine the criminal records of lawful permanent residents (LPRs). Special attention is required in the following cases. If an individual was wrongfully arrested but later had their case dismissed, this should not result in a travel ban. However, to avoid secondary inspection and ensure smooth entry, it is recommended to carry court documents when traveling.

  • Crimes of Moral Turpitude (CIMTs): Offenses such as theft, fraud, or domestic violence may lead to inadmissibility.

  • Drug-Related Crimes: Even if marijuana is legal in some states, its use remains illegal under federal law and could pose a problem at immigration checkpoints.

  • Felonies or Multiple Criminal Convictions: Having multiple convictions or a significant criminal history may raise concerns during reentry.

2. Green Card Holders with Immigration Violations

The following cases require careful consideration before traveling abroad:

  • Fraud or Misrepresentation in Obtaining a Green Card: If the U.S. government discovers false statements or document fraud in the green card application process, this could lead to entry denial or revocation of permanent residency.

  • Association with a Company or School Under FBI Investigation: If a workplace or educational institution attended before obtaining the green card is later investigated by the FBI, this could trigger additional scrutiny.

  • Previous Deportation or Removal Orders: Individuals who were previously ordered removed and later reentered the U.S. may be detained at the border.

  • Extended Absence (More than Six Months, Less than One Year): Staying abroad for more than six months may raise suspicions about residency status. A stay of more than one year may automatically invalidate the green card.

3. Green Card Holders in the Process of Applying for U.S. Citizenship

Those applying for U.S. citizenship should consider the following before traveling internationally:

  • Previous Criminal Records: Moral character is a key factor in the naturalization process. Traveling while a citizenship application is pending could trigger concerns about past offenses.

  • Violation of Continuous Residence Requirement: If an individual stays outside the U.S. for six months or longer in a single trip, their naturalization application may be delayed or denied.

4. Green Card Holders from Certain Countries

Green card holders from specific countries may be subjected to additional scrutiny at the border due to national security concerns. Nationals from the Middle East, Africa, and South Asia may experience stricter inspections.

5. Green Card Holders with Public Charge Concerns

Although the public charge rule has been relaxed, CBP officers may still examine whether an individual is overly dependent on government assistance. Excessive use of welfare programs could be a factor in entry denial.

6. Political Views and Activities

Recently, political views and activism have led to entry denials and even deportations of certain green card holders and non-immigrants. Under the current administration's stricter immigration policies, certain political affiliations and activities may pose risks.

  • Association with Certain Organizations: Any connection to groups the U.S. government considers “anti-American” or “extremist” could raise concerns.

  • Social Media and Online Activities: U.S. immigration authorities (USCIS and CBP) may review social media accounts during the immigration process.

  • Anti-Government or Critical Posts: Posts criticizing the U.S. government or supporting controversial groups could be problematic.

  • Past Participation in Protests or Anti-American Rallies: Involvement in violent protests, anti-government demonstrations, or statements against the U.S. may raise concerns at the border. It is advisable to avoid using extreme or violent language when expressing political opinions.

  • Travel to Certain Countries: Visits to countries such as Iran, North Korea, Syria, China, or Russia could trigger additional scrutiny upon reentry.

  • Participation in Anti-American Political Rallies (Including Overseas Protests)

Careful Consideration Before Traveling Abroad

Given the strict enforcement of immigration laws, green card holders falling into the above categories should take a cautious approach before planning international travel. Consulting an immigration attorney in advance can help mitigate risks such as entry denial, loss of permanent residency, or deportation.

Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved. 3/19/2025
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
http://www.judychanglaw.com / contact@judychanglaw.com

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