Green Card Holder Rights at U.S. Ports of Entry: What you need to know

Green card holders returning to the United States after international travel are facing a level of scrutiny at airports and border crossings that would have been unthinkable just a few years ago.

Reports from immigration attorneys across the country — including cases handled by our own deportation defense team at Law Group International — confirm a troubling pattern: lawful permanent residents being held in secondary inspection for hours, pressured to sign away their permanent resident status, having their phones and laptops searched, and in some cases being detained overnight or transferred to immigration detention facilities.

Although there has been no formal change to the rights of green card holders under the law, Customs and Border Protection (CBP) officers have wide discretion during inspections. Under the current enforcement climate, noncitizens of all statuses face heightened scrutiny for past immigration issues, criminal history, and even political activity.

This guide explains exactly what to expect at a U.S. port of entry, what CBP can and cannot do, and the critical steps you should take to protect your green card status before, during, and after your trip.

Are you a “Returning Resident” or an “Arriving Alien”?

This is the single most important legal distinction for any green card holder entering the United States.

When you arrive at an airport or land port of entry, CBP will screen you to determine whether you are a returning resident or an arriving alien. The difference has enormous consequences for your rights and what happens next.

If CBP determines you are a returning resident, the process is straightforward: you should be processed quickly and admitted to the United States. This is the normal outcome for most green card holders who travel abroad for short periods and return without complications.

However, CBP will classify you as an arriving alien if it determines that you have:

• Abandoned or given up your lawful permanent resident (LPR) status
• Been absent from the United States for a continuous period of more than 180 days
• Engaged in illegal activity after leaving the U.S.
• Departed the U.S. while in removal or extradition proceedings
• Committed certain criminal offenses, unless you were granted an immigration waiver
• Attempted to enter without inspection

Being classified as an arriving alien does not automatically mean you will lose your green card. But it does mean CBP can subject you to more intensive questioning, send you to secondary inspection, and potentially begin removal proceedings. Under the Immigration and Nationality Act (INA) §101(a)(13)(C), this classification triggers a review of your admissibility — which is a higher legal standard than what returning residents face.

The critical point: even if CBP classifies you as an arriving alien, only an immigration judge can revoke your permanent resident status. CBP officers at the airport cannot make that determination on their own.

What happens during secondary inspection

If CBP is unable to admit you quickly at the initial checkpoint, you may be taken to a separate area for secondary inspection. Being sent to secondary does not necessarily mean you are in trouble, but you should be prepared for what comes next.

During secondary inspection, CBP officers may:

• Ask you detailed questions about your travel, your ties to the United States, your employment, and your reasons for being abroad
• Run background checks and collect your biographic and biometric data, including fingerprints and photographs
• Search your phone, laptop, or other electronic devices — including screening your social media activity (we cover this in detail below)
• Hold your electronic devices temporarily, sometimes returning them days later
• Detain you if there are concerns about your admissibility

Secondary inspections can last anywhere from a few minutes to several hours or longer. During this time, you should remain calm, be polite but firm about your rights, and remember that everything you say can be used in immigration proceedings.

Important tip: If CBP takes any of your devices, request a receipt. This creates a record that your property was seized and gives you documentation to follow up.

Form I-407: Why you should never sign without a lawyer

This is the most critical section of this guide. If you remember nothing else, remember this.

CBP officers may ask you to sign Form I-407, Record of Abandonment of Lawful Permanent Resident Status. This form, once signed, effectively ends your green card status. It is extremely difficult to reverse, even if you signed under pressure or confusion.

Do not sign Form I-407 unless you have spoken to an immigration attorney first.

Here is what the law says about this form — and why you should refuse to sign it:

Form I-407 must be signed voluntarily. CBP cannot force you to sign. No matter what an officer tells you — no matter how much pressure they apply or how long they hold you — signing this form is your choice.

You cannot lose your LPR status because of time spent outside the U.S. without being allowed to have an immigration judge review a presumption of abandonment. The government must prove abandonment of your LPR status by clear, unequivocal, and convincing evidence in removal court proceedings. CBP cannot do this at the border. Only an immigration judge, in a formal hearing, has the authority to determine that you have abandoned your status.

If you refuse to sign Form I-407, CBP must issue you a Notice to Appear (NTA) for immigration court. This is your right. An NTA means your case will be heard by a judge who will review the evidence, hear your arguments, and make a decision based on the law — not based on pressure at an airport checkpoint.

If CBP takes your green card, you may request evidence of your status by asking them to stamp your passport. If they refuse, you may schedule a USCIS appointment to request an I-551 stamp in your passport as temporary proof of your permanent resident status.

If you are ever in this situation, here is what you can say:

“I do not want to abandon my lawful permanent resident status, so I decline to sign this form. I would like to speak with my attorney.”

At Law Group International, we have seen cases where green card holders were pressured into signing Form I-407 after hours of questioning, often in a language they did not fully understand. One signature can eliminate all your legal options. If CBP is pressuring you or a family member to sign this form, contact our deportation defense attorneys immediately at [PHONE] or schedule a consultation at [BOOKING LINK].

Can CBP search your phone at the border?

Yes. U.S. Customs and Border Protection has the legal authority to search electronic devices — including phones, laptops, tablets, and cameras — of anyone entering the United States. This authority applies to U.S. citizens, green card holders, and visa holders alike. These searches can happen at airports, land crossings, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto.

These searches can occur without a warrant or suspicion, though there are important distinctions between the two types of searches CBP can conduct.

Basic search: An officer manually reviews the contents of your device — scrolling through messages, photos, emails, and apps — without connecting any external equipment. No suspicion of wrongdoing is required for a basic search.

Advanced search: An officer connects external equipment to your device to access, copy, or analyze its contents. CBP policy requires reasonable suspicion of a law violation or a national security concern, plus pre-approval from a senior manager, before conducting an advanced search.

Your rights during a device search depend on your immigration status:

U.S. citizens can refuse to provide passwords. Their devices may be seized, but they cannot be denied entry to the United States.

Green card holders also cannot be denied entry solely for refusing to provide access to their devices, but they may face additional scrutiny and their devices may be seized for further examination.

Visa holders are in the most vulnerable position. They may be denied entry to the United States if they refuse to provide access to their electronic devices.

One critical protection: CBP can only search information stored on the device itself at the time of the search. They cannot access information stored remotely in the cloud. This means you can take practical steps to protect your data.

How to protect your data before traveling:

• Sign out of sensitive apps and disable automatic logins before arriving at the border
• Power down your devices completely before reaching the checkpoint
• Consider traveling with a dedicated device that contains minimal personal data
• Enable full-disk encryption on all your devices and use strong passphrases
• Back up important files to the cloud or an external drive, then remove them from your device
• Consider removing apps that store personal data, such as banking or social media apps, and reinstalling them after you arrive

If your device is searched, document the details: the names and badge numbers of the agents, the questions they asked, and what they accessed. If your interview was recorded, ask for a copy of the transcript. Share this information with your immigration attorney as soon as possible.

Know your rights if you are detained at a Port of Entry

If CBP believes you are inadmissible, or if you refuse to sign Form I-407, you may be detained overnight or transferred to immigration detention. This is frightening, but you still have fundamental rights.

Right to contact your consulate.

Your consulate can help you reach a lawyer or family member, communicate with the U.S. government on your behalf, and ensure that you are not mistreated.

Right to ask to speak with a lawyer.

CBP may deny access to a lawyer at the border, but you should always ask. Your request will be on the record, and it establishes that you sought legal counsel.

Right to remain silent.

You are not required to answer every question, especially questions that could involve potential criminal liability. You do not have to sign any documents without legal advice.

Right to review all written statements in a language you can understand.

If documents are prepared for you to sign, you have the right to read them in your language. Do not sign anything you do not understand.

Right to ask for an interpreter.

If you do not fully understand the questions being asked or the documents you are given, request an interpreter. Do not guess or agree to things you are not sure about.

Right to a hearing before an immigration judge.

If CBP claims that you are removable, you have the right to a hearing before an immigration judge. Do not waive this right. An immigration judge (not CBP) must decide if your green card status can be taken away.

Questions about politics, religion, or activism:

CBP officers may ask about your political beliefs, your associations, or your participation in protests. You do not have to answer questions about activity protected under the First Amendment. You may decline to respond by saying: “I am exercising my right to remain silent regarding questions about my political or religious beliefs.”

How to prepare before traveling internationally with a Green Card

The best defense is preparation. Every green card holder — not just those with complicated cases — should take steps before traveling internationally.

Consult an immigration lawyer before traveling if:

• You have a criminal record, even for minor offenses or arrests, or a pending criminal case
• You have pending applications with USCIS or immigration court
• You have past immigration violations or challenging interactions with CBP
• You are a conditional resident (2-year green card based on marriage or investment)
• You have been or plan to be outside the U.S. for more than 6 months
• You have an expired green card and are awaiting renewal

Travel preparation checklist:

• Carry the contact information for your lawyer and your consulate on a separate piece of paper — not just saved in your phone, which could be seized
• Bring a signed Form G-28 from your immigration attorney, authorizing them to represent you
• Carry copies of U.S. tax returns, lease or mortgage documents, employment letters, and bank statements — proof that your life is rooted in the United States
• If you have children in U.S. schools, bring enrollment records
• Let your family know your travel plans and establish a check-in schedule
• If you must stay abroad for more than 6 months, apply for a Reentry Permit (Form I-131) before you leave
• Back up your device data to the cloud and minimize what is stored locally before crossing the border

If you need help preparing for international travel, the immigration attorneys at Law Group International can review your case for risks and help you assemble the documentation you need. We serve clients throughout Virginia, DC, and Maryland. Contact us at [PHONE] or schedule a pre-travel consultation at [BOOKING LINK].

Frequently Asked Questions about Green Card Holder Rights at the Border

Can I lose my green card at the airport?

No, not at the airport itself. Only an immigration judge can revoke your lawful permanent resident status through formal removal proceedings. However, CBP can initiate those proceedings by issuing a Notice to Appear (NTA), and they can detain you in the process. The key is to never sign away your rights voluntarily.

What if I have been outside the U.S. for more than 6 months?

CBP may question whether you intend to maintain your permanent residence. You will need to demonstrate strong ties to the United States — tax filings, property, employment, family. If your absence was due to temporary circumstances (medical treatment, caring for a family member, work assignment), carry documentation supporting this. If you anticipate being abroad for more than 6 months, apply for a Reentry Permit before you leave.

Can CBP search my phone without a warrant?

Yes. Under the border search exception, basic searches of electronic devices require no warrant and no suspicion. Advanced searches, which involve connecting external equipment to copy or analyze data, require reasonable suspicion and supervisor approval. However, CBP can only access data stored on the device , not data stored in the cloud.

What happens if I refuse to give CBP my phone password?

Your device may be seized for forensic examination. However, as a green card holder, you cannot be denied entry to the United States solely for refusing to provide your password. Visa holders face greater risk , they may be denied entry entirely.

What is Form I-407 and should I sign it?

Form I-407 is the Record of Abandonment of Lawful Permanent Resident Status. Signing it means you are voluntarily giving up your green card. Never sign this form without first speaking to an immigration attorney. If you decline to sign, CBP must refer your case to an immigration judge — which preserves your right to fight for your status in court.

Can CBP ask about my political views or protest activity?

CBP officers may ask these questions, but you are not required to answer questions about your political beliefs, religious practices, associations, or participation in protests. These are activities protected by the First Amendment.

Protect Your Green Card

Traveling with a green card should be routine. But in today’s enforcement climate, preparation is not optional — it is essential.

The most important things to remember: never sign Form I-407 without an attorney, know your right to a hearing before an immigration judge, protect your electronic devices before you travel, and document everything that happens at the border.

If you are a green card holder who has been detained, pressured to sign documents, or had your green card confiscated at a U.S. port of entry, time is critical. Contact the deportation defense attorneys at Law Group International immediately. Attorneys Khalid and Daniela have experience protecting lawful permanent residents’ rights and fighting removal proceedings in immigration court. We serve Virginia, DC, and Maryland.