Advising a lawful permanent resident who’s been outside the U.S. for more than six months can be tricky. Even more so if they’ve been away for a year or more. Re-entry often comes with added scrutiny, and preparation is everything. Here’s what to keep in mind when helping clients document their ties, anticipate questions, and confidently navigate CBP on arrival.
A LPR should carry essential documents on them to rebut any claim of abandonment of status.
- Proof of U.S. ties: Tax transcripts, driver’s license, Social Security card, bank statements, lease agreement (if available), photos of friends/family evidencing their life in the U.S., and a copy of a U.S. citizen or LPR relative’s passport.
- Reason for extended absence: Any documentation supporting unavoidable delays, such as medical records, should be on-hand. Be aware that employment abroad or dealing with financial matters may not be considered strong justifications.
- Legal support letter: A concise, attorney-drafted letter (pocket letter) explaining the circumstances can provide added clarity and confidence during interactions with Customs and Border Protection (CBP).
Boarding the Flight
- There have been instances where LPR’s have not been allowed to board the flight at point of origin as the airline has consulted with the local CBP liaison. LPR’s should be allowed to board as determination of entry should be done by CBP. Anecdotally, there tends to be less scrutiny if an individual flies business class.
Preparation for Secondary Inspection
- Anticipate additional scrutiny: LPRs should be well-prepared to clearly explain their prolonged absence and respectfully request discretion. They must be ready to advocate for themselves. The secondary inspection can last anywhere from a few minutes to several hours. LPRS should be advised that they will face questioning and will not have access to counsel. They could also be asked to hand over their phone and field a sworn statement. Anything they say can be recorded in CBP databases. They need to be truthful and concise, and they need to be able to advocate for themselves. CBP will also look at the pattern of previous travel. If the LPR has a history of stays beyond 6 months, this will weaken their case and they need to be ready to address their travel history pattern. MOST IMPORTANTLY: PREPARE, PREPARE, PREPARE. The LPR should be prepared to answer questions like: When did you leave the? Who else in the family travelled with you? Which family member remained in the US? What prevented travel within 6 months to the US? Were you employed aboard?
- Port of entry considerations: Scrutiny levels vary, so staying informed about CBP’s latest policies is important. Certain port of entries can be prosecutorial and should be avoided. This includes Boston, LAX, Newark, Dallas, and Chicago airports.
For LPR’s with Absences Exceeding One Year (2-5 Years), there is a high likelihood of adverse action or being put in removal proceedings.
- Potential removal proceedings: CBP may issue a Notice to Appear (NTA) or pressure the LPR to voluntarily surrender their green card in exchange for a B2 visa or by signing Form I-407.
- Do not sign Form I-407: Instead, request CBP’s discretion and ask officers to complete Form I-193 (Application for Waiver of Passport and/or Visa) to allow entry with a fine.
- Avoid preclearance risks: Certain locations, such as Abu Dhabi (which does pre clearance), may increase the likelihood of complications for LPRs returning after an extended absence, including being denied boarding for U.S.-bound flights at pre-clearance.
Ultimately, the LPR needs to understand their case for advocacy, the risks for a NTA, and be well-prepared for the unexpected.
