Green Card Travel Risks

If you're a U.S. lawful permanent resident (LPR), also known as a green card holder, international travel is permitted, but it’s not without green card travel risks. While your green card allows you to return to the U.S., certain types of travel could raise red flags, or worse, lead to the loss of your permanent resident status.

Here are some points to consider before your next trip.

The 6-Month and 1-Year Travel Rules

Generally speaking, trips outside the U.S. that last less than six months are low risk (absent other risk factors, including those described below).

If you are outside the U.S. for more than six months but less than one year, you will likely be treated as seeking re-admission. That means that you may be questioned about whether you have abandoned your residence and you are subject to grounds of inadmissibility (including criminal-related grounds, public charge grounds, etc).

If you are outside the U.S. for more than one year, there is a presumption that you have abandoned your permanent residence. That presumption can be overcome if you can show that you have maintained sufficient ties to the U.S. and never intended to abandon your permanent residency. Proof of ties to the U.S. can be helpful, including proof of home ownership or other property ownership, proof that you have maintained your employment in the U.S., family members who have remained in the U.S., active bank accounts, etc.

A few other tips to keep in mind:

• If you have been outside the U.S. for more than one year already, consult with an immigration lawyer to talk about your options. You may decide to apply for an SB-1 Returning Resident Visa, or you may decide to re-enter the U.S. despite the longer absence. The outcome of re-entering the U.S. after being gone for a year varies depending on a variety of factors; there is never a guarantee, but sometimes people re-enter after a longer absence (longer than a year) with no issues. That being said, that decision is not without risk, and anyone in this situation should talk with an immigration lawyer before taking action.
• If you know that you will be outside the U.S. for more than one year, you may apply for a re-entry permit. You must be physically present in the U.S. to file the re-entry permit.
• Simply entering the U.S. once every six months is not necessarily enough to maintain your permanent residence. If you spend significant amounts of time outside the U.S., but still re-enter at least every six months, CBP could still question whether you have abandoned your residence.
• These questions of maintaining your residence are related to but different from the requirements for naturalization. For naturalization, you must show that you have been physically present in the U.S. for at least half of the past five years (or three years if you're filing based on being married to and living with a U.S. citizen), and that you have maintained continuous residence the past five (or three) years.
• If you have filed taxes as a nonresident alien, that may impact the analysis of whether you have maintained residence in the U.S.

Other Potential Concerns

Other factors that may impact your experience re-entering the U.S. as a permanent resident include:

• Political activism and social media: there are widespread concerns at this time that individuals may be questioned or not let into the U.S. based on their political activism, social media posts, etc. Under INA 212(f), the president has the authority to "suspend the entry" of certain noncitizens when their entry "would be detrimental to the interests of the United States". The ACLU has a post about the right to privacy and digital devices when traveling.
• Criminal charges: If you have any criminal charges from any country in the world, even if you were not convicted, or even if the conviction has been expunged or vacated, we recommend you speak with qualified immigration before traveling, even if it has not been a problem for you before.
• Travel bans: The Trump administration announced a travel ban in June 2025 for certain countries. At this time, the current ban does not affect green card holders re-entering the U.S. That being said, CBP may have additional questions for you depending on the countries you visited while outside the U.S.
• Previous immigration violations: If you have previous immigration violations including but not limited to prior deportation orders, we recommend you speak with qualified immigration before traveling, even if it has not been a problem for you before.

If You Are Detained at a Port of Entry

The reality is that if you are re-entering the U.S. as a permanent resident, you will talk to a CBP officer when you arrive, and they may have additional questions for you. If you are put into secondary inspection (a separate room for additional screening):

• You have the right to contact your country's consulate for assistance.
• If you have a lawyer, you should ask CBP for permission to contact your lawyer. However, CBP may say that you do not have a right to speak with a lawyer.
• You have the right to review all written statements that are prepared for you, in a language you understand.
• If you do not agree with the contents of any papers presented to you, you may refuse to sign them.
• CBP may search your digital device(s) and access your email and social media.
• If CBP determines that you have abandoned your residence, have been outside the U.S. for "too long", have engaged in illegal activity while outside the U.S. , etc. you have the right to a hearing before an immigration judge.
• If CBP believes you abandoned your U.S. residence, they may ask you to sign Form I-407 to give up your green card. You may refuse to sign this form, and CBP will likely issue you a Notice to Appear (NTA) for a hearing before an immigration judge.

These are uncertain times and travel can be scary, even for green card holders. It's important to understand the green card travel risks and potential red flags before you leave, to minimize the chance of delays or complications in your travel. If you are a current or previous client of Sumner Immigration Law and you have further questions on travel as a permanent resident, we're happy to have a consultation with you to discuss further. At this time we are not advising non-clients on green card travel risks.

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today to set up your initiation consultation to get the process started! You can set an appointment online. You can also call us at 804-214-7870 or send us an email at info@sumnerimmigration.com.

We are immigration lawyers in Richmond, VA, but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

As always, the above information is for educational purposes only and is not legal advice. Please speak with a qualified immigration lawyer before taking action.