Understanding CBP Inspections: What Green Card Holders Need to Know

There has been ongoing debate about whether U.S. Customs and Border Protection (CBP) can deny a Lawful Permanent Resident (LPR) entry into the United States.

All international travelers, including U.S. citizens and LPRs, are subject to CBP inspection upon arrival at an airport or land border. During this process, CBP will determine whether the individual qualifies as a returning resident or an arriving alien.

If CBP classifies the traveler as a returning resident (yay🎉!), they will be processed and admitted into the U.S. without delay. However, if CBP deems them an arriving alien (oh oh 😞), they may face additional scrutiny or removal proceedings.

As a green card holder or LPR, CBP may consider a person an arriving alien in one of six circumstances.

If they:

• Have abandoned or relinquished LPR status (e.g., stayed outside the U.S. for more than 2 years);
• Have been absent from the United States for a continuous period of more than 180 days;
• Have engaged in illegal activity after having departed the United States;
• Have departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under the INA and extradition proceedings;
• Have committed an offense under INA §212(a)(2) [criminal and related grounds of inadmissibility], unless since such offense the alien has been granted relief under INA §212(h) [waiver of inadmissibility] or §240A(a) [cancellation of removal for permanent residents]; or
• Are attempting to enter at a time or place other than as designated by immigration officers or have not been admitted to the United States after inspection and authorization by an immigration officer.

If classified as an arriving alien, CBP may consider the individual as seeking admission rather than returning to their lawful residence. This means they could be charged as removable from the U.S. and receive a Notice to Appear in immigration court.

LPRs have the right to a hearing before an immigration judge, where they can challenge their removal and present their case. Alternatively, if they decide to give up their status as permanent residents, they could sign Form I-407, return their green cards, and go back to their country of residence. LPRs are not required to sign this form. If they decide to do so, they must do it voluntarily.

Remember that the Fifth and Fourteenth Amendments of the U.S. Constitution state that a person shall not be deprived of life, liberty, or property without due process of law.

CBP cannot out rightly deny an LPR admission or revoke their green cards but must instead initiate removal proceedings if they determine that the LPR is inadmissible. CBP does not have the final say in stripping an LPR of their status at the port of entry; instead, the case must go before an immigration judge unless the individual voluntarily relinquishes their status.

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