For many permanent residents, travel is a normal part of life: visiting family, attending weddings, or handling business abroad. For a green card holder with a criminal record, though, returning to the United States can be one of the riskiest moments. This article explains why, in general terms.
To see how we handle cases where criminal and immigration issues overlap, visit our immigration and criminal defense services.
Why returning can be riskier than leaving
Permanent residents returning from a trip are generally not treated as seeking a new "admission." There are exceptions, however. One important exception applies to a permanent resident who has committed certain offenses listed in the inadmissibility rules, such as many drug offenses and crimes involving moral turpitude. In that situation, Customs and Border Protection (CBP) may treat the returning resident as an applicant for admission.
When that happens, CBP officers may question the traveler, hold the green card, or refer the person to immigration court. In some cases, the person may be detained.
Other travel factors that matter
Long trips. An absence of more than 180 days can trigger additional scrutiny, and very long absences can raise questions about whether the person abandoned permanent residence.
Open cases. Leaving the country while a criminal case is pending can create problems in both the criminal case and the immigration case.
Probation. Many probation terms require court permission before leaving the state or the country.
Other countries. Some countries limit entry for people with certain criminal records, regardless of U.S. immigration status.
What CBP can see
CBP officers have access to criminal history databases at ports of entry. Travelers should assume that arrests and convictions will be visible, including older cases.
Questions to answer before you book
Has any arrest ever led to a conviction, including through a plea or diversion program?
Does the offense fall into a category that affects admissibility?
Is there a pending case, a warrant, or unfinished probation?
Do you have certified court records for every case?
A safer approach
If you have any criminal history, it is wise to have your record reviewed before planning international travel. Sometimes the answer is that travel is low risk. Sometimes the safer choice is to postpone the trip or address an issue first. Carrying certified court dispositions for every case can also help.
Before you travel, contact Wisniewski Law to request a consultation and review your record.
This article provides general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every situation is different, so please speak with an attorney about your specific case.
