Know Your Rights. What to Do if You Are Detained at a U.S. Port of Entry (for Lawful Permanent Residents)

Lawful Permanent Residents (LPRs), or green card holders, have the legal right to reenter the United States—but many are unaware of how vulnerable they can be when detained at a U.S. port of entry. Whether you’re returning from a family visit abroad, a business trip, or an extended stay outside the U.S., you must go through inspection by U.S. Customs and Border Protection (CBP). And that process may not always be simple or quick.

In this article, we break down your rights, what to expect, and what to do if you are detained at a U.S. port of entry.

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What Does It Mean to Be Detained at a U.S. Port of Entry?

All noncitizens, including green card holders, are subject to inspection when reentering the United States. CBP officers may question you, inspect your documents, and in some cases, detain you for additional review. This detention often takes place in secondary inspection, a separate area used for more detailed questioning and screening.

Being sent to secondary inspection does not automatically mean you’ve done anything wrong—but it is a critical moment that can impact your immigration status if not handled correctly.

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Are You a Returning Resident or an Arriving Alien?

One of the first determinations CBP will make is whether you are considered a “returning resident” or an “arriving alien.” This classification affects whether you’re admitted or referred for removal proceedings.

CBP may consider you an arriving alien (and not a returning LPR) if:

• You’ve been outside the U.S. continuously for more than 180 days.

• You engaged in criminal activity while abroad.

• You left while in removal proceedings or facing extradition.

• You attempted reentry without inspection.

• You previously abandoned LPR status.

If CBP determines you’re not a returning resident, they may initiate removal proceedings or pressure you to give up your green card voluntarily.

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Form I-407: Warning!

CBP officers may present Form I-407, which is a Record of Abandonment of Lawful Permanent Resident Status. Do not sign Form I-407 without first speaking to a qualified immigration attorney.

Why this matters:

• Signing Form I-407 voluntarily gives up your green card.

• You have a right to a hearing before an immigration judge before losing your LPR status.

• CBP cannot revoke your green card on the spot without a full legal process.

You may also request evidence of your status if CBP takes your green card—for example, a stamp in your passport. If that is refused, you can later schedule an appointment with USCIS for an I-551 stamp.

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What Happens During Secondary Inspection?

If you’re detained at a U.S. port of entry, you may go through secondary inspection. Here’s what to expect:

• CBP may question you about your trip, legal status, criminal history, or past immigration violations.

• Officers may search your phone, laptop, or other electronic devices—including social media accounts.

• Your biometric data (fingerprints, photos) may be collected.

• You may be held for hours or even overnight if CBP has concerns about your admissibility.

Tip: You can ask for a receipt if your devices are taken and request they be returned.

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Your Rights During Detention

Even when detained at a port of entry, you have legal rights:

• You can request to speak with a lawyer (though CBP is not required to allow access).

• You have the right to contact your consulate, which can help notify your attorney or family.

• You have the right to remain silent and not sign any documents without understanding them.

• You may ask for an interpreter and should refuse to sign anything you do not understand.

• You have the right to review written statements prepared for you in a language you understand.

If CBP determines that you are removable, you have the right to an immigration judge hearing. Do not waive this right. A judge—not CBP—must decide whether your green card can be taken away.

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Questions About Politics, Religion, or Activism

You may be asked questions about your political beliefs, religion, or past participation in protests. These are protected under the First Amendment. You are not obligated to answer questions about constitutionally protected activity, and you may decline to do so respectfully.

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Before You Travel – When to Consult a Lawyer

Speak to an immigration attorney before you travel if any of the following apply to you:

• You have a criminal record, even if charges were dismissed or expunged.

• You have a pending immigration application or hearing.

• You’ve ever violated immigration laws or overstayed a visa.

• You are a conditional resident or have been outside the U.S. for an extended period.

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Best Practices: What You Should Carry When You Travel

• Carry the name and number of your immigration lawyer on a piece of paper—not just on your phone.

• Let your family know your travel plans and check in once you land.

• If detained, try to contact someone immediately.

• If you have a lawyer, consider carrying a signed Form G-28 (Notice of Representation), which may help.

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Final Thoughts: Stay Calm, Stay Informed

Being detained at a U.S. port of entry as a lawful permanent resident can be stressful—but you are not powerless. By understanding your rights, avoiding common pitfalls (like signing Form I-407), and seeking legal help early, you can protect your status and your future.

If you believe your situation is complicated, it’s better to consult an immigration attorney before traveling abroad. Prevention and preparation are key.

Have you recently traveled or plan to travel as a green card holder? Concerned about what might happen at the airport?

Our experienced immigration attorneys are here to guide you through every step. Whether you’re dealing with long absences, past criminal history, or complex immigration records, we can help you avoid costly mistakes.

Schedule a confidential consultation today to review your case before you travel.