Planning to travel outside US? What every green card holder should know
The
Trump
administration's immigration crackdown has left many
green card
holders uneasy about the security of their legal status—particularly when travelling abroad. According to The New York Times, growing concerns stem from increased scrutiny at airports and border crossings, where even lawful permanent residents are facing questioning, detentions, or in rare cases, pressure to relinquish their status. With immigration laws tightening and enforcement becoming more aggressive, green card holders must exercise caution when planning international trips.
Green Card holders: The basics
A green card, or Permanent
Resident Card
, allows its holder to live and work permanently in the United States. Traditionally, green card holders could travel in and out of the US without the same concerns faced by other foreign nationals. However, recent changes in border enforcement have shifted this dynamic. Green card holders are no longer immune to the intense scrutiny at US ports of entry, particularly if they have committed crimes, no matter how minor.
Green card holders' rights
Green card holders enjoy several privileges, such as eligibility for Social Security, Medicare, college financial aid, and military service. They can also apply for US citizenship after five years of residency (three years if married to a US citizen). However, to maintain eligibility for citizenship, they must spend a minimum of 913 days in the US within that five-year period.
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As of January 2024, there were 12.8 million green card holders living in the US, according to the Department of Homeland Security.
Travel restrictions and risks for Green Card holders
While green card holders have the right to travel outside the US, certain restrictions apply:
Traveling for extended periods
: Green card holders can leave the US for up to 365 days without jeopardizing their residency. However, spending more than six months abroad can raise suspicion among Customs and Border Protection (CBP) agents, who may question whether the individual still considers the US their primary residence. Furthermore, being outside the US for more than six months can reset the timeline for citizenship eligibility.
Criminal convictions
: Any crime, from minor offenses like speeding to more serious violations, can lead to denial of entry or even deportation. Green card holders who have committed criminal offenses may face particularly stringent questioning when re-entering the country. Immigration experts say that although green card holders can be scrutinized more closely, they are typically not targeted unless their offenses are substantial.
Abandonment of status
: In recent years, some green card holders returning from extended trips abroad have been pressured by CBP agents to abandon their legal permanent resident status. Some have been presented with forms to voluntarily surrender their green cards. Legal experts like immigration attorney
Brad Bernstein
note that CBP is increasingly treating green card holders with the same scrutiny applied to tourists or students.
One case highlighted by
Bernstein
involved a green card holder detained after returning from a three-month business trip in Jamaica. The individual, a New York resident, was asked whether he truly lived in the US and was pressured to surrender his green card. He refused and was eventually allowed to re-enter the country. He described the experience as "disheartening," saying it felt as though he wasn't welcome anymore.
Real-life examples of scrutiny
Green card holders are increasingly facing difficulties at US entry points. Cliona Ward, a 54-year-old resident of Santa Cruz, California, was detained at San Francisco International Airport in April 2024 after a brief trip to Dublin. Ward, who has lived in the US since she was 12, had two felony convictions related to drug possession in 2007 and 2008. Although the convictions were expunged after she completed rehabilitation,
Ward
was detained for over a week, despite maintaining sobriety for almost two decades. Immigration authorities have not provided records of her case, and her lawyer has yet to receive an official hearing date.
The Trump administration's impact on immigration
The Trump administration's stance on immigration has led to stricter enforcement at border checkpoints, as well as heightened vetting of foreign nationals, including green card holders. Some of the policies implemented by the administration include social media screenings for evidence of antisemitism, which could affect green card holders and immigrants applying for visas. These heightened security measures, part of the 'advanced vetting' process, have drawn backlash from allied countries such as Germany, which has updated travel advisories for its citizens traveling to the US.
Precautions green card holders should take before traveling
Immigration lawyers recommend that green card holders take several steps to safeguard their residency status before traveling abroad:
Apply for a re-entry permit
: For those planning to be outside the US for six months or longer, immigration lawyer
Michael Wildes
advises applying for a re-entry permit. This permit, which allows re-entry after up to two years abroad, serves as proof that the green card holder does not intend to abandon their legal status. It's also advisable to carry the receipt for the application if the permit has not arrived before departure.
Consider
global entry
: Green card holders who travel frequently may want to apply for Global Entry, a program offered by CBP that expedites the clearance process for re-entering the US. This program can significantly reduce the time spent at border checkpoints and may help minimize scrutiny when traveling internationally.
Green card holders should be aware of the shifting immigration landscape and take proactive steps to ensure their status remains secure while traveling outside the US. With increased scrutiny at borders and potential pressure to abandon residency, it's critical to understand both the risks and precautions associated with international travel. By staying informed and following legal advice, green card holders can navigate these challenges and continue to enjoy the benefits of permanent residency in the United States.
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