In April 2015, we issued a client alert about the rights lawful permanent residents (LPRs) have when returning after a trip abroad. Green card holders returning from abroad in 2025 should be aware that Customs and Border Protection (CBP) officers are using new tactics and screening permanent residents more strictly after trips abroad lasting more than six months. While we do not wish to alarm you, we want to warn green card holders that applying for entry into the U.S. after an absence of six months or more could result in being placed in removal proceedings, and possibly detained, if you do not have a reentry permit or special immigrant (returning resident) visa.
CBP has recently begun initiating removal proceedings against some returning green card holders if they have been out of the U.S. for six months or more —even if they were abroad for less than one year. In the past, CBP officers gave LPRs the benefit of the doubt and admitted them without issue during this timeframe and showed continued intent to reside permanently in the U.S. However, now, CBP officers are pressuring LPRs returning from six-month or longer trips to relinquish their LPR status if they do not have a reentry permit or returning resident visa. Those who refuse are being placed into removal proceedings. Court hearings can take months to be scheduled and those who leave the U.S. before their hearing date risk detention upon return to the United States, and potentially face an in absentia removal order, which carries a 5-year bar to return.
If you are a green card holder returning from abroad, it is important to remember that CBP cannot revoke your green card status. A CBP officer should 1) give you the option to relinquish your green card status (which may result in your being denied entry to the U.S.) or 2) issue a Notice to Appear before an immigration judge. At that point, you can present your case that you did not abandon your green card status.
There can be both severe immigration consequences (including loss of the ability to enter the United States in the future) and tax consequences (particularly for high-net-worth individuals), so you should seek legal counsel to understand the immigration and tax implications before you sign Form I-407, which voluntarily relinquishes your green card status. It is important to note that some individuals are being detained while awaiting their court hearings. Even if CBP threatens detention and removal proceedings as an alternative to signing Form I-407, it can be difficult to reverse. Returning green card holders who have a criminal conviction or even an arrest with a pending outcome are likely to be detained upon arrival. Some LPRs with criminal histories are being refused bond and are being detained for weeks or even months.
To mitigate the likelihood of removal proceedings, we strongly recommend obtaining a reentry permit or returning resident visa before departing the U.S. Under the regulations, LPRs do not require a reentry permit as an entry document unless they plan to remain outside the country for a year or more. In today’s enforcement environment, however, it is prudent to obtain a reentry permit prior to leaving the United States for any extended trip. To apply for a reentry permit, you must be present in the U.S. at the time of filing and attend a biometrics appointment in the U.S. It is not an easy process to obtain a returning resident visa after departing, so we strongly encourage you to plan ahead by obtaining a reentry permit prior to departure or on your next trip to the U.S.
Please don’t hesitate to schedule a consultation to discuss your unique situation or guidance on applying for a reentry permit. Klasko immigration attorneys can also refer you to a tax professional who understands the immigration and tax implications.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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