Green Card Holders: DO NOT TRAVEL With Pending Charges

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Imagine you are a green card holder planning summer travel with your family. You take your vacation, enjoy your trip, and return to the United States expecting to come home. But at the port of entry, CBP sends you to secondary inspection.

You have no criminal convictions. You only have pending charges — allegations that have not yet been proven. Still, CBP officers do not immediately allow you back into the country. Suddenly, your ability to reenter the United States is uncertain.

This is not science fiction. This is the reality created by a new Supreme Court decision that could make international travel riskier and more complicated for green card holders returning to the United States.

New Court Decision

That scenario is exactly why the Supreme Court’s decision in Blanche v. Lau matters. In that case, the Court held that a green card holder returning from international travel may face serious problems at the airport based on certain pending or alleged criminal conduct, even before there is a conviction.

The ruling does not mean that every pending charge will automatically result in denial of entry. However, it gives CBP and DHS more authority to treat certain returning green card holders as applicants seeking admission for the first time, rather than lawful permanent residents simply coming back home.

Before Lau

Before Blanche v. Lau, a lawful permanent resident generally had the right to return to the United States after temporary travel abroad, especially for trips under one year. In most cases, a green card holder only needed to answer questions confirming their identity and permanent resident status.

However, that right was not absolute. Immigration law has long allowed CBP to treat a green card holder as an “applicant for admission” in certain situations.

For example, this can happen if the person abandoned their permanent resident status, stayed outside the United States for more than 180 days, engaged in illegal activity after leaving the country, left while in removal proceedings, or committed certain criminal offenses, such as crimes involving moral turpitude, controlled substance violations, or multiple convictions.

What Changed After Lau

The Supreme Court’s decision in Blanche v. Lau makes these exceptions even more important. The Court held that CBP does not need clear and convincing evidence at the border before treating a returning green card holder as an applicant for admission based on certain alleged criminal conduct.

In other words, a green card holder may face serious problems when returning to the United States based on alleged criminal conduct, even before there is a conviction. The Court also allowed the government to treat an LPR as seeking admission based on having “committed” certain crimes, even if the conviction occurs later.

Before You Travel: Resolve Criminal Issues First

If you have an open criminal matter that could later qualify as a crime involving moral turpitude, you should be very careful before traveling internationally. This may include charges involving fraud, misrepresentation, tax evasion, or any other offense that could raise moral turpitude concerns.

Even without a conviction, international travel may create risk if there is a possibility that the case could later result in a conviction. Once the criminal matter is resolved, you may be in a better position to travel with the proper documents showing exactly how the case was handled and whether it resulted in a conviction, dismissal, or other outcome.

Protect Yourself After Secondary Inspection

If you are sent to secondary inspection, keep a record of everything you receive from CBP. Save all paperwork, take screenshots of any digital documents, and keep copies of anything you sign. You should also write down what the CBP officer asked you, how you responded, and whether you were admitted, paroled, or given any other classification at entry.

This matters because being given the wrong classification at the port of entry can create serious immigration consequences later.

The Bottom Line

If you have any criminal history or current issue with law enforcement and you are a green card holder, speak with an immigration attorney before traveling abroad. This includes pending charges, not just convictions.

Consulting with an attorney before you travel can help you understand the risks and avoid unexpected problems when trying to reenter the United States.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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