Know Your Rights What to Do if You Are Detained at a U.S. Port of Entry
Know Your Rights
What to Do if You Are Detained at a U.S. Port of Entry
For Lawful Permanent Residents
Updated for 2025 | Heightened Enforcement at U.S. Borders
Who This Applies To
Lawful Permanent Residents (LPRs), also known as Green Card holders, are subject to inspection by U.S. Customs and Border Protection (CBP) upon re-entry into the United States. Increased enforcement measures mean returning residents may face questions about their travel history, immigration record, or any past interactions with law enforcement.
Returning Resident vs. Arriving Alien
CBP will assess whether you are a Returning Resident or an Arriving Alien.
You may be classified as an arriving alien if any of the following apply:
You have abandoned or relinquished your LPR status
You have been outside the United States for more than 180 consecutive days
You engaged in illegal activity after leaving the U.S.
You departed the U.S. while in removal or extradition proceedings
You committed certain criminal offenses without an approved waiver
You are attempting entry without inspection
This classification may delay or prevent your reentry.
What Happens in Secondary Inspection
If CBP cannot quickly confirm your admissibility, you may be referred to secondary inspection, a separate screening process. This does not necessarily mean you are in trouble. However, CBP may:
Ask questions and run background checks
Collect your fingerprints and photographs
Search your phone, laptop, or other devices
Review your social media activity
Temporarily retain your devices
Detain you if concerns arise about your admissibility
You may request a receipt for any device that is taken.
Do Not Sign Form I-407 Without Legal Advice
Form I-407 is a voluntary declaration of abandonment of LPR status. If CBP presents this form:
You have the right to consult with an attorney before signing
Your LPR status cannot be revoked solely by time abroad without review by an immigration judge
If you do not sign, CBP must issue a Notice to Appear for immigration court
If CBP retains your green card, you may request a passport stamp as temporary proof of status
If You Are Detained, You Still Have Rights
You may contact your consulate. They can help you reach a lawyer or your family
You may ask to speak with a lawyer. CBP may refuse, but it is important to ask
You may decline to sign documents you do not understand or agree with
You may ask for all documents to be provided in a language you understand
You may request an interpreter if needed
You have the right to a hearing before an immigration judge. Do not waive this right
Questions About Politics, Religion, or Activism
You are not required to answer questions about your political opinions, religious beliefs, or peaceful protest activity. These are protected under the First Amendment.
Before You Travel, Speak With Us If You:
Have a current or past criminal record, even for minor offenses
Have pending immigration applications or open court matters
Have previously had issues at the border
Are a conditional permanent resident
Travel Preparation Tips
Carry contact details for your immigration attorney and consulate separately from your passport
Inform family of your travel plans and check in after arrival
If detained, contact your attorney or have someone advocate on your behalf
Consider carrying a signed Form G-28 from your immigration attorney
Need Legal Assistance?
If you have concerns about re-entry, past travel, or legal status, Versfeld & Hugo LLC can help you prepare and protect your rights at the border.
Contact us for professional immigration guidance:
[email protected]
+1 816 891 8600
www.versfeldimmigration.com
Disclaimer: This flyer is intended for general informational purposes only and does not constitute legal advice. For personalized legal assistance, please consult a licensed immigration attorney.
© 2025 Versfeld & Hugo LLC | U.S. and Global Immigration Attorneys
