Traveling Abroad as a Non-U.S. Citizen? Read This Before You Book Your Flight.

I’ve had several non-U.S. citizen clients come to see me recently. They want to travel abroad — to visit family, attend weddings, and take long-overdue vacations — but they’re afraid.

They’ve heard the stories.

And in many cases, the stories are true.

People being detained at the airport.
Green card holders being questioned for hours.
Individuals being issued Notices to Appear in Immigration Court when returning to the United States.

This has always been a risk. But it is undeniably a bigger issue now. Immigration enforcement at the border has become a renewed point of emphasis, and Customs and Border Protection (CBP) officers have significant discretion in deciding who is admitted and who is not.

I’m Attorney Louis Haskell. And I want to explain what’s really happening — not from a political standpoint — but from a legal one.

1. The First Problem: Discretion at the Airport

Everything at the airport is happening in real time — and much of it is within the discretion of CBP officers.

That discretion can be applied reasonably.

Or not.

In a recent article I reviewed, a lawful permanent resident returning from Canada was stopped because of old criminal convictions:

• A 2004 marijuana possession

• A 2007 driving on a suspended license

Driving on a suspended license is not typically an exclusion ground. Marijuana possession may be — depending on the statute and the specific facts.

But here’s the bigger issue:

CBP officers are making rapid legal determinations at the airport about complicated areas of immigration law.

And sometimes, they get it wrong.

2. There Is No Statute of Limitations in Immigration Law

This is one of my biggest frustrations with immigration law.

There is no statute of limitations.

A conviction from:

• 2004

• 1995

• 1978

It doesn’t matter.

I once represented an 80-year-old client who was placed into removal proceedings over a conviction from the 1970s — nearly 40 years earlier.

Perfectly legal under immigration law.

There is no expiration date. No tolling. No “you’ve paid your debt to society.”

If it fits the statute, it can be used against you — no matter how old it is.

3. Deportation vs. Exclusion: A Critical Distinction

Most people — including many lawful permanent residents — do not understand this.

There are two different types of removal:

Deportation

Removing someone who is already inside the United States.

Exclusion (now called inadmissibility proceedings)

Refusing to let someone back in.

The moment you leave the United States and attempt to return, you are subject to exclusion, not deportation.

That distinction matters enormously.

There are situations where:

• A person cannot be deported

• But can still be excluded if they leave and try to reenter

Example: Crimes Involving Moral Turpitude (CIMTs)

This is a notoriously vague category in immigration law.

To deport someone (after they’ve been here for a while), generally:

• Two CIMTs are required.

To exclude someone:

• Only one may be enough.

So you can have someone who has lived in the U.S. for decades, perfectly safe from deportation…

But the moment they take a trip abroad — even a short one to Canada — they may suddenly face exclusion.

I once had a client who accidentally crossed into Canada near Niagara Falls and found himself in exclusion proceedings.

These distinctions are not theoretical. They are real.

4. Green Card Holders and the Six-Month Rule

Another issue we’re seeing more frequently involves extended travel.

If you have a green card, the expectation is that:

You reside in the United States more than anywhere else.

Spending more than six months abroad at a time can trigger:

• Abandonment questions

• Additional scrutiny

• Potential exclusion issues

Many people in the past traveled for long periods without consequence.

That does not mean it will go smoothly today.

Enforcement priorities shift. Discretion shifts. Scrutiny increases.

5. Students, Tourists, and Other Non-Immigrants

This isn’t just about green card holders.

Students.
Tourists.
Temporary workers.

If you have any criminal history — even if you have never had a problem inside the United States — travel can change the equation completely.

Being physically inside the country and being admitted at the border are two different legal universes.

6. Preparation Matters

I recently advised a client with a pending criminal charge (not a conviction). I believe he will be fine — but I instructed him to travel with documentation.

If you have:

• Old convictions

• Pending charges

• Long absences abroad

• Prior immigration issues

You should not “just hope for the best.”

You may need:

• Certified court records

• Dispositions

• Proof of residency

• Legal analysis in advance

If there’s a real risk, it’s far better to know before you leave than to discover it in secondary inspection at the airport.

7. A Hard Truth

It is, frankly, grotesque that someone who has lived here for decades — built a life, paid taxes, raised children — could suddenly find themselves excluded because they visited family abroad.

But that is the structure of the law.

And pretending it doesn’t exist will not protect you.

What Should You Do?

If you are:

• A lawful permanent resident

• A visa holder

• Someone with any criminal history

• Someone who has spent significant time abroad

Consult with an immigration attorney before traveling.

Not after you’re detained.

Not after you’re issued a Notice to Appear.

Before.

If you would like to discuss your specific situation, we are here to help.

📞 Call us at 978-459-8359
🌐 Visit: www.attorneyhaskell.com

Travel should not be a gamble.
But in immigration law, sometimes it is — unless you prepare properly.