Is It Safe for Green Card Holders to Travel?

Introduction

Green card holders, also called lawful permanent residents or “LPRs,” often express concern about their rights and responsibilities when navigating the differing immigration enforcement policies of various presidential administrations.  It is helpful to “bottom line” one piece of critical information so everyone understands:  no matter what president is in office, any non-U.S. citizen, including green card and visa holders, can be denied entry into the United States.  Many choose not to travel during times of increased immigration enforcement, as the risk of airport detention, inadmissibility determinations, and the need for waivers or reentry permits feels too great.  Green card holders already in the United States also feel at increased risk for scrutiny of their immigration status, which often happens if they are caught in a situation where their green card is not with them on their person during an encounter with law enforcement.

Key Factors Impacting Travel for Green Card Holders

The Importance of Maintaining U.S. Residency

Of utmost importance for green card holders is showing the U.S. government that they are and intend to be permanent residents.  Many LPR travelers run into trouble when they tend to use their green cards more like visitor visas, spending much of their time outside the United States and only returning to the U.S. when necessary.  Repeatedly using one’s green card in this manner raises questions at points of entry.  If immigration officials determine that an LPR did not intend to make the U.S. their permanent home, they will treat that person as if they have abandoned their permanent resident status.  As such, LPR travelers are encouraged not to stay outside the U.S. for more than 180 days in a single trip.

Protecting Your Green Card Status During Travel

If green card holders need to be outside of the U.S. for 180 days or more, they should consider applying for a reentry permit before they leave the U.S., as discussed in our prior post.  A reentry permit issued before leaving the United States is ideal and will help green card holders to establish their intent to maintain their LPR status. At a minimum, the reentry permit must be applied for while still in the U.S., even if the permit is not issued before the time of departure.  LPRs who depart while the reentry permit is pending and not yet issued run the risk that if the reentry permit is denied, it will be unavailable to rely upon as evidence of their intent to maintain their LPR status.  A helpful measure to adopt when traveling as an LPR is to pack a few documents that evidence the LPR’s ties to the U.S., such as a copy of a valid lease or mortgage, current utility bills, driver’s license, active U.S. bank accounts, current school records, tax returns, or U.S. employment or business ownership records.

If unexpected circumstances arise that keep a green card holder from returning to the U.S. for a period of time longer than two years, any reentry permit granted before such departure from the United States will have expired.  In this case, to reobtain a green card, one may apply for a returning resident visa (SB-1) at the nearest U.S. embassy or consulate.

The Potential Effect of a Criminal Background on Entry

LPR travelers with aggravated felony or “crime involving moral turpitude” offenses may be denied entry into the U.S., placed into removal (deportation) proceedings, or held without bond.  These categories of crimes subject any non-U.S. citizen to a review of whether they are admissible and removable.

However, now more than ever green card holders with even minor criminal histories may face similar scrutiny and difficulty in entering the U.S.  Such travelers should carry with them court certified copies of the dispositions of any past criminal records.  Even those LPR travelers who have a criminal record but have had no issues during past U.S. entries must tread carefully.  Customs and Border Protection (CBP) officers have increased latitude to question green card holders.  Therefore, some immigration practitioners go so far as to advise green card holders who have criminal records, even minor ones, not to travel outside the U.S.

Understanding the Upcoming Travel Bans

Trump has a proposed list of countries for which he plans to ban all U.S. travel.  These countries largely mirror those that had U.S. travel restrictions applied to them in 2017 and include Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

Travelers from other countries may experience significant restrictions to obtaining U.S. visas, but not an all-out travel ban.  It is yet unclear whether existing visa holders from these countries will be subject to travel restrictions.  These countries include Belarus, Eritrea, Haiti, Laos, Myanmar, Pakistan, Russia, Sierra Leone, South Sudan, and Turkmenistan.

Other countries, many of which have had a larger percentage of visa overstays or have other identified deficiencies will have an opportunity to improve their practices before travel restrictions are applied to their citizens.  The list of these countries may evolve overtime and travelers should remain aware of any changes.

Final Considerations for Green Card Holders Planning to Travel

Green card holders from any of the countries listed in the travel ban or with any criminal history should seriously assess these risk factors and consult with a U.S. immigration attorney prior to traveling outside the U.S.  Moreover, a green card holder’s travel risks may increase if family members or friends they are traveling with have any of the risk factors (e.g. long absences from the U.S. or criminal history) discussed here.  For example, it is not unheard of that whole families may be subject to delays due to one member’s travel habits or criminal offenses. Some foreign governments have issued guidance to their citizens about traveling to the U.S., which is an excellent resource for green card holders to check prior to travel, if available.

If travelers do not have an immigration attorney, informing friends and family of specific travel plans is critical.  If a traveler is detained at the airport and cell phones are confiscated, friends and family will need such travel details to track down a traveler’s whereabouts.

When flying domestically within the U.S., green card holders may use their driver’s licenses or other approved government-issued identification to fly.  Starting on May 7, 2025, travelers using their state-issued driver’s licenses to fly are required to have them be REAL ID compliant.  A green card can be used for domestic travel, but is not necessary.  While LPR travelers should always carry their green cards with them, whether they choose to present their green card as their identification when flying domestically is a personal choice.  Green card holders may be subject to increased enforcement of existing fines for not carrying their green cards wherever they go.  When traveling internationally, LPRs should bring their passports, ideally with at least six months’ validity left, and their green cards.

Conclusion

As discussed, a green card holder may be denied entry in the U.S.  Green card holders must assess a variety of risk factors when determining whether to travel, which include their time spent absent from the U.S., their criminal history, and whether their country of origin is included in any executive order travel ban.  Those who have spent significant time outside of the U.S. must be prepared to document their intention not to abandon their permanent residence in the U.S.  Green card holders should carry their green cards with them even if they do not present them as identification when flying domestically.  Contacting an experienced immigration attorney prior to traveling outside of the U.S. is recommended, especially in circumstances in which a traveler has one or more risk factors.