Returning to the US as a Lawful Permanent Resident: What You Need to Know

Kathleen Hoyos
Sep 19
4 min read

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⚡ Express Read

Quick Summary: When reentering the US, noncitizens may face increased scrutiny at the border. Customs and Border Protection (CBP) may question your lawful permanent resident status, send you to secondary inspection, or even ask you to sign away your Green Card. Knowing your rights is crucial for keeping both you and your status safe.

Key Points:

CBP decides if you are a “returning resident” or “arriving alien”.
Travel abroad for longer than 180 days, illegal activities, or pending removal proceedings can put your status at risk.
If detained, you have the right to: remain silent, an attorney, and a hearing before an immigration judge.
Never sign Form I-407 (abandonment of LPR status) without speaking to an Antonini & Cohen immigration attorney.

Facing issues at the border? Contact Antonini & Cohen today at (470) 428-3200 to schedule a consultation with one of our Atlanta immigration attorneys.

At Antonini & Cohen, we know how. We fight harder.

📖 Standard Read

When you reenter the US after traveling abroad, U.S. Customs and Border Protection (CBP) officers will review your immigration status and check for possible violations. Attorney Kathleen Hoyos explains how knowing your rights as a lawful permanent resident (LPR) can make the difference between being admitted smoothly and facing serious complications.

If you or a loved one is planning to travel outside the US, please contact us today to schedule a consultation with one of our Atlanta immigration attorneys. We will review your current immigration status and advise you on your best travel options.

At Antonini & Cohen, we know how. We fight harder.

Returning Resident vs. Arriving Alien

CBP officers will determine if you are a “returning resident” or an “arriving alien.” You may be considered an “arriving alien” if you:

Were outside the US for more than 180 days
Departed the US while in removal proceedings
Engaged in illegal activity abroad

Being labeled an “arriving alien” could trigger additional questioning or inadmissibility.

Secondary Inspection

If CBP suspects that you are an “arriving alien” or that you violated the terms of your permanent residency, you may be sent to secondary inspection. This does not always mean you are in trouble, but expect CBP officers to:

Take your photograph and fingerprints
Ask about your travel, criminal, and immigration history
Search through your electronic devices and your social media activity

Depending on the situation, you could be held for a few minutes, several hours, or longer while CBP determines whether you will be allowed to enter the United States.

Do Not Sign Away Your Green Card

CBP may ask you to sign Form I-407, which would voluntarily end your LPR status. DO NOT sign this form. Only an immigration judge can revoke your status as a lawful permanent resident, and the government must prove abandonment in court. If CBP takes your Green Card, you can request proof of status, such as a passport stamp.

Know Your Rights if Detained

If CBP alleges you are inadmissible and detains you, it is important to remember that you still have rights. You have the right to remain silent and the right to request a hearing on inadmissibility before an immigration judge.

Remember, only an immigration judge, not CBP, can decide if your Green Card should be taken away.

Before You Travel

Consult an Antonini & Cohen attorney before traveling if you:

Have a criminal record or pending criminal case
Have past immigration violations or CBP problems
Hold permanent resident status on a conditional basis
Have a petition pending before USCIS or are in removal proceedings

Travel with your attorney’s contact information and alert family to your plans in case issues arise.

Read more about traveling as a lawful permanent resident, here.

A&C Can Help Protect Your Status

If you or a loved one is detained at a US port of entry, do not face CBP alone. Our Atlanta immigration attorneys have decades of experience defending lawful permanent residents against losing their status or being placed in removal proceedings.

📞 Call Antonini & Cohen today at (470) 428-3200 or complete our contact form to schedule a consultation.

At Antonini & Cohen, we know how. We fight harder.

📚 Video Transcript

Hi, I’m Kathleen Hoyos, partner at Antonini & Cohen Immigration Law Group. Today I want to talk to you about what every lawful permanent resident should know when re-entering the United States.

When you arrive at a US port of entry, Customs and Border Protection (CBP) will decide whether you’re a returning resident or an arriving foreigner. If they determine you’re a returning resident, you should be admitted quickly. However, you may be treated as an arriving foreigner if they believe you abandoned your permanent resident status, stayed outside the US for more than 180 days, committed certain crimes, or left while in removal proceedings.

If CBP has questions, you may be sent to secondary inspection. This doesn’t necessarily mean you’re in trouble, but be prepared for CBP to ask you questions, take your photograph and fingerprints, and even search your phone or electronic devices. Remember, you have the right to remain silent.

If CBP does find you inadmissible, they may ask you to sign Form I-407, through which you would be renouncing your permanent resident status. DO NOT SIGN THIS FORM. Only an immigration judge can decide to revoke your lawful permanent resident status. Remember, you have the right to ask for a hearing before an immigration judge. You have the right to remain silent, and you have the right to refuse to sign any documents without first speaking to an immigration attorney.

Again, CBP cannot take your permanent resident status. Only an immigration judge has the power to do so.

If you or a loved one is detained at a US port of entry, call Antonini & Cohen immediately. Our experienced immigration attorneys will fight to protect your status and your rights.

At Antonini & Cohen, we know how. We fight harder.

Resources

Kathleen Hoyos is a partner at Antonini & Cohen Immigration Law Group, where she represents individuals and families in complex immigration cases. She has helped thousands of clients protect their status and is recognized for her dedicated work on humanitarian cases. Beyond the courtroom, Kathleen frequently speaks on immigrant rights, advocates for vulnerable populations, and works closely with local organizations to empower families and individuals navigating the US immigration system.