Traveling on a Green Card? Know Your Rights at the Border

Traveling internationally as a green card holder comes with legal protections, but also potential

challenges at the border. Knowing your rights and preparing ahead of time can help ensure a smooth return to the U.S.

Your Legal Rights as a Green Card Holder

As a lawful permanent resident, you have the right to return to the United States unless an immigration judge rules otherwise. U.S. Customs and Border Protection (CBP) cannot revoke your green card — only an immigration judge can make that decision.

If you are pressured to sign Form I-407, which voluntarily abandons your residency, you should clearly state:

You have the right to a hearing in immigration court, and you should never sign anything you don’t fully understand.

Form I-407: Understand the Consequences

Form I-407, the “Record of Abandonment of Lawful Permanent Resident Status,” is a serious legal decision. Once signed, it is extremely difficult to reverse, even if you signed under pressure or confusion. If you believe you were coerced, contact an immigration attorney immediately. In some cases, it may be possible to challenge the form due to duress or lack of informed consent — but timing is critical.

Electronic Device Searches at the Border

CBP has the authority to search your electronic devices without a warrant. Searches can be:

• Basic search: A quick review of your phone, laptop, or tablet.

• Advanced search: A forensic examination that can copy, retain, and extract data for up to 15 years. Devices are typically returned within five days.

While you cannot be forced to provide your password, CBP may require you to unlock devices using your thumbprint or facial recognition.

What to Do If You’re Detained

If CBP detains you for more than 48 hours, your family can attempt to locate you using the ICE Detainee Locator.

During initial questioning, you do not have the right to a lawyer. However, if CBP initiates removal proceedings, you are entitled to legal representation in immigration court.

Preparing Before You Travel

All green card holders — not just those with complex immigration histories — should prepare for international travel:

Carry documents showing your U.S. ties:

• Recent pay stubs or employment letters

• U.S. tax returns

• Lease agreements or property deeds

• School enrollment records for children

• Evidence of U.S. bank accounts, insurance, or memberships

Avoid long trips abroad: Staying outside the U.S. for more than six months can raise questions about your residency. For extended trips, apply for a Reentry Permit in advance.

Prepare a legal packet if needed:

• Proof of urgent family or medical reasons for travel

• A signed G-28 form authorizing an attorney to represent you

• A personal statement demonstrating your ties to the U.S.

Traveling on a Conditional Green Card

Conditional green card holders — those with a 2-year green card based on marriage or investment — face additional scrutiny, especially if:

• Their green card has expired and they are awaiting approval of Form I-751 or I-829

• They’ve spent extended time outside the U.S.

• Their documentation is incomplete or unclear

If your conditional green card has expired, carry both the card and your USCIS receipt notice. Together, they serve as valid proof of status.

When to Seek Legal Advice Before Traveling

Consult an immigration attorney if any of the following apply:

• You have a criminal history, including arrests or convictions

• You have previously been deported or overstayed a visa

• You’ve spent over six months abroad in a single trip

• You are politically active or publicly outspoken

Final Tips: Protect Your Green Card

• Do not sign Form I-407 if you want to keep your green card.

• Carry documentation that proves your ties to the U.S.

• Stay calm but assertive, ask questions, and take your time.

• Request a hearing with an immigration judge if CBP challenges your status.

• Share your travel plans with a trusted friend or attorney.

By knowing your rights, preparing your documents, and staying aware, green card holders can protect their status and confidently reenter the United States.