Green card holders who travel outside the United States and return within six months generally face no issues, as there has been no policy change regarding this. Under U.S. immigration law, absences of less than six months are typically considered temporary, preserving lawful permanent resident (LPR) status unless other factors, such as criminal history, apply. However, legal experts warn that in certain circumstances, green card holders may encounter re-entry challenges.
Customs and Border Protection (CBP) has the authority to detain LPRs with legal issues such as active deportation notices or criminal warrants. In particular, green card holders with a pending Notice to Appear (NTA) for deportation proceedings may be taken into custody upon returning to the U.S. Legal experts advise such individuals to exercise caution, as an NTA initiates removal proceedings, making them subject to CBP detention.
Additionally, green card holders with a two-year conditional green card whose application to remove conditions has been denied may face entry bans, even if their passport bears an I-551 stamp (ADIT). If Form I-751 is denied, LPR status is terminated, rendering the I-551 stamp invalid and leading to possible denial of entry by CBP.
New York-based legal practitioner Basu Phulara confirms that if a two-year green card holder’s application to remove conditions is denied, the I-551 stamp becomes meaningless, and travel with such a stamp could result in an entry ban. Even during an appeal, individuals can request this stamp, but their re-entry is not guaranteed.
Legal experts strongly advise green card holders with an issued NTA to avoid international travel. This applies especially to those convicted of crimes, individuals who have violated immigration laws, those whose application to remove green card conditions has been denied, or those whose citizenship application was rejected due to fraud—leading to potential revocation of their green card. The Department of Homeland Security (DHS) typically issues an NTA in such cases, initiating deportation proceedings.
Phulara also warns that green card holders with a criminal record, even if not currently in deportation proceedings, could face entry bans. CBP may detain such individuals and initiate deportation if they have committed crimes like theft, fraud, domestic violence, drug offenses, violent crimes, or multiple offenses resulting in a combined prison sentence exceeding five years. He advises those with a criminal background to seek legal counsel before traveling.
Furthermore, absences of more than six months can raise concerns about an LPR’s continuous residency. Green card holders who stay abroad for more than six months but less than a year should be cautious. Phulara recommends returning within six months whenever possible and obtaining a re-entry permit (Form I-131) for longer stays.
Traveling while a U.S. citizenship application or green card renewal is pending can complicate the process, making legal consultation advisable. Additionally, green card holders who have failed to file taxes, fraudulently obtained government benefits, or violated immigration laws should be particularly cautious when traveling.
Phulara notes that if the U.S. imposes stricter travel restrictions under the new administration, green card holders traveling to certain countries may face entry bans. While no specific restrictions have been announced as of February 22, 2025, he urges travelers to stay informed about potential policy changes.
To minimize risks, Phulara advises green card holders to check the validity of their green card before traveling and avoid prolonged stays outside the U.S. without proper documentation. He emphasizes the importance of filing U.S. taxes, maintaining a permanent U.S. address, and ensuring employment continuity. Additionally, keeping records such as lease agreements or mortgages can help demonstrate strong ties to the U.S. He urges green card holders to be honest with CBP officers during re-entry interviews to avoid complications.
With potential policy changes under the Trump administration, staying updated on immigration regulations is crucial. For precise guidance, green card holders should consult USCIS, CBP updates, or an immigration attorney.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
