Do you know your rights as a permanent resident when returning to the United States?

Santiago Legal LLC
Jan 27
3 min read

🔴 2025 Update: Increased Inspections at Ports of Entry

Like all international travelers, legal permanent residents (LPRs) — also known as Green Card holders — are subject to inspection by Customs and Border Protection (CBP) upon arrival at an airport or land port.

Although LPRs have more rights than non-immigrants, all non-citizens now face greater scrutiny for past immigration issues, contacts with the police, and political activity.

It is important that you know your rights when returning to the United States.

🛂 Secondary Inspection

If CBP cannot admit you quickly, they may take you to a “secondary inspection.”

👉 Being sent for secondary inspection does not necessarily mean you are in trouble , but it can last from minutes to hours.

During this process:

CBP may ask questions, check backgrounds, and take your biometric data (fingerprints, photos).
Your phones, laptops, or other electronic devices may be inspected and temporarily held (including social media).
You can request a receipt if your devices are taken away.
You may be detained if CBP has doubts about your admissibility .

🛑 If You Are Arrested – Your Rights

⚠️ Beware of Form I-407 (Abandonment of LPR Status)

CBP may ask you to sign Form I-407 (abandonment of permanent residence ).

Don't sign it without speaking to a lawyer!

The I-407 must be signed voluntarily .
You do not lose your status simply for time spent outside the U.S. without first having a review by an immigration judge.
The government must prove abandonment with clear and convincing evidence in court, not at the border.
If you do not sign, CBP must issue you a Notice to Appear (NTA) for court.
If your Green Card is revoked, you can request an I-551 stamp in your passport as proof of status (either at CBP or at an appointment with USCIS).

⚖️ Right to an Immigration Judge

If CBP believes you are inadmissible or you refuse to sign the I-407, you may be detained.

You have the following rights:

📞 Contact your consulate (they can help you talk to a lawyer or family member).
⚖️ Ask to speak with a lawyer (CBP may deny it, but it will be on record).
🤐 Remain silent and do not sign documents without legal advice.
📑 Review any written statements in a language you understand.
🗣️ Ask for an interpreter if you don't understand the questions or documents.
🚫 Do not sign anything you do not understand or agree with.

📝 Important Reminders

Bring your lawyer and consulate information with you in paper form.
Inform your family about your travel plans and let them know when you arrive.
If you are arrested, try to contact your lawyer or someone who can advocate for you.
Having a G-28 form signed by your lawyer can help you.

If CBP says you are removable,

Don't give up your right .

👉 Only an immigration judge , not CBP, can decide if you lose your Green Card status.