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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

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 with 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 in which LPRs have not been allowed to board the flight at the point of origin because the airline consulted with the local CBP liaison. LPR’s should be allowed to board, as the determination of entry should be made 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 file a sworn statement. Anything they say can be recorded in CBP databases. They need to be truthful and concise, and able to advocate for themselves. CBP will also look at the pattern of previous travel. If the LPR has a history of stays exceeding 6 months, this will weaken their case, and they need to be ready to address their travel history. MOST IMPORTANTLY: PREPARE, PREPARE, PREPARE. The LPR should be prepared to answer questions like: When did you leave the? Who else in the family traveled with you? Which family member remained in the US? What prevented travel to the US within 6 months? Were you employed aboard?
  • Port of entry considerations: Scrutiny levels vary, so staying informed about CBP’s latest policies is important. Certain ports of entry can be prosecutorial and should be avoided. This includes Boston, LAX, Newark, Dallas, and Chicago airports.

For LPRs 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 preclearance), may increase the likelihood of complications for LPRs returning after an extended absence, including being denied boarding for U.S.-bound flights at preclearance.

Ultimately, the LPR needs to understand their case for advocacy, the risks for an NTA, and be well-prepared for the unexpected.