Traveling Abroad as a Green Card Holder or Non-U.S. Citizen? Read This Before You Leave
International travel can be routine for a U.S. citizen. For a green card holder or other non-U.S. citizen, however, leaving the country can sometimes expose an immigration problem that was not obvious while the person remained in the United States.
This is particularly important for people with old criminal convictions, pending criminal charges, lengthy trips abroad, or previous immigration problems.
A person may have lived in the United States for decades without an immigration issue and still face additional scrutiny when returning from a trip abroad.
Before booking a flight, it is worth understanding why.
TL;DR
Lawful permanent residents generally may travel internationally and return to the United States, but certain circumstances can cause them to be treated as applicants for admission when they return.
An absence of more than 180 continuous days is one circumstance specifically identified by federal immigration law.
Certain criminal convictions, including some very old convictions, can create serious immigration consequences when a traveler seeks admission.
One crime involving moral turpitude can potentially create an inadmissibility issue, although important exceptions may apply.
Spending extended periods outside the United States can also raise questions about whether a green card holder has abandoned permanent residence.
If you have a criminal record, pending charge, lengthy absence, or previous immigration problem, speak with an immigration attorney before leaving the United States.
Why Leaving the United States Can Change the Legal Analysis
Lawful permanent residents are generally permitted to travel outside the United States and return.
But a green card does not make every return automatic.
Under federal immigration law, an LPR generally is not considered to be seeking a new admission after traveling abroad. There are, however, several important exceptions.
For example, an LPR may be treated as seeking admission if the person has been outside the United States continuously for more than 180 days, has abandoned permanent resident status, has committed certain criminal offenses, departed while removal proceedings were pending, or falls within certain other statutory circumstances.
That distinction matters because the grounds of inadmissibility that apply to someone seeking admission are not identical to the grounds of deportability that apply after admission.
An Old Criminal Conviction Can Still Matter
One of the most dangerous assumptions is:
“My conviction happened 20 years ago, so immigration cannot do anything about it now.”
That is not necessarily true.
Immigration consequences do not simply disappear because a conviction is old. Federal law contains immigration consequences for numerous criminal offenses, and some grounds expressly apply regardless of how long ago the conviction occurred.
For example, certain controlled-substance offenses can create inadmissibility problems. Crimes involving moral turpitude, commonly called CIMTs, can also create problems, depending on the offense and circumstances.
The exact criminal statute, disposition, sentence, date of admission, and other details can all matter. That is why someone with a criminal history should not assume that an old case is harmless simply because many years have passed.
One CIMT Can Be Enough to Cause a Problem at the Border
This area of immigration law is frequently misunderstood.
For deportability, federal law provides several different criminal grounds. One CIMT can make a person deportable when specific statutory requirements involving the timing of the offense and potential sentence are satisfied. Separately, two or more CIMT convictions not arising from a single scheme of criminal misconduct can create another ground of deportability.
In the inadmissibility context, even one CIMT can potentially create a problem.
There are important exceptions, including what is commonly called the petty-offense exception, so the existence of a conviction does not automatically mean someone will be denied admission.
The important point is that leaving the United States can change which immigration rules apply.
Green Card Holders Should Pay Attention to the 180-Day Mark
People sometimes refer to a “six-month rule” for green card holders, but the actual law is more precise.
An LPR who has been outside the United States for a continuous period exceeding 180 days is one of the categories that federal law treats differently when the person returns.
CBP also advises that an absence of more than six months but less than one year can result in additional questioning upon return.
Long trips can create another issue: abandonment of permanent residence.
A green card is intended for someone whose permanent residence is in the United States. USCIS warns that even an absence of less than one year can create an abandonment issue if the circumstances indicate that the person did not intend the United States to remain his or her permanent home.
For someone planning a particularly long trip, a reentry permit may be appropriate. A reentry permit can help demonstrate that an LPR did not intend to abandon permanent residence, although it does not guarantee admission.
Students, Workers, Tourists, and Other Visa Holders Face Different Risks
Green card holders are not the only people who should think carefully before traveling.
Students, temporary workers, tourists, and other nonimmigrants must still satisfy the requirements for their particular immigration status and admission when returning to the United States.
The appropriate travel documents and risks depend on the person's specific status.
Someone with a pending immigration application should be especially careful because departure can have consequences for certain applications, and some travelers may require advance parole or another appropriate travel document.
What If You Have a Pending Criminal Charge?
A pending charge is not the same thing as a conviction.
But that does not mean it should be ignored before international travel.
The immigration consequences of criminal conduct are highly dependent on the specific statute, procedural history, and immigration status involved.
If you have been arrested, charged, or convicted, obtain the relevant court documents and have the situation reviewed before traveling rather than trying to analyze it for the first time at an airport.
What Should You Bring If You Decide to Travel?
Depending on your situation, useful documents may include:
Your valid green card, visa, passport, or other required travel document
Certified court dispositions for previous criminal cases
Documentation showing how a criminal case was resolved
Evidence that the United States remains your permanent home if you have spent substantial time abroad
A valid reentry permit, when applicable
Copies of relevant immigration documents
What you actually need depends on your immigration and criminal history.
The Safest Time to Review a Travel Problem Is Before You Leave
The worst place to discover an immigration problem is at the airport when you are trying to return to the United States.
If you are a green card holder or other non-U.S. citizen and have an old conviction, pending criminal charge, lengthy history of travel abroad, previous removal proceedings, or another immigration concern, consider having your situation reviewed before you leave.
A short consultation before traveling may identify an issue that would be much harder to address after departure.
Questions About International Travel and Your Immigration Status?
The Law Office of Louis S. Haskell assists individuals and families with immigration matters in Lowell and throughout Massachusetts.
If you are concerned that a criminal record, extended trip, or other immigration issue could affect your ability to return to the United States, contact our office before traveling.
Call or text: (978) 459-8359
Law Office of Louis S. Haskell
16 Pine Street, Lowell, MA 01851
Key Takeaways
International travel is not automatically dangerous for a green card holder or other non-U.S. citizen. Most lawful permanent residents can travel and return normally.
The concern arises when additional factors are present, particularly criminal history, extended absences, abandonment concerns, prior immigration proceedings, or problems maintaining nonimmigrant status.
Do not assume that an old conviction is irrelevant or that having traveled successfully in the past guarantees the same result in the future. Immigration consequences depend on the individual's history and the specific law that applies.
This article provides general information and is not legal advice. Immigration consequences are highly fact-specific. Consult a qualified immigration attorney about your individual circumstances before making international travel decisions.