Recently, there have been frequent reports of U.S. Lawful Permanent Residents (commonly known as green card holders) facing strict scrutiny from Customs officials after being abroad for more than three months. In one instance, a Chinese green card holder had his status revoked by immigration officials upon returning to Chicago from China after an absence of over 190 days.
What exactly are the standards and procedures used by law enforcement authorities to review the entry and exit of green card holders? This has become a matter of significant concern for permanent residents.
On the 13th, U.S. Customs and Border Protection (CBP) provided a formal response to the inquiries raised by this publication:
There have been no changes to the current regulations regarding the entry and exit of permanent residents. Lawful residents who are abroad for less than 180 days are not required to apply for any re-entry permits.
Permanent residents who are abroad for more than one year are required to apply for a Re-entry Permit. If a resident is abroad for more than 180 days but less than one year, although the law does not mandate a Re-entry Permit, under immigration law, Customs has the authority to conduct special "processing and inspection" to verify whether the individual intends to continue residing in the United States.
CBP emphasized that for green card holders who have been out of the U.S. for more than 180 days, a lack of tax filing records may also be a factor used by Customs officials to determine whether the traveler intends to abandon their status.
There are three types of travel documents:
"Advance Parole," which is specifically for foreign nationals who are currently in the process of applying for a green card.
For permanent residents who already have legal residency status, there are two types: the "Re-entry Permit" and the "Returning Resident Visa." The "Re-entry Permit" is applicable to green card holders who have been "outside the United States for more than one year but less than two years," while the "Returning Resident Visa" is applicable to those who have been outside the United States for more than two years.
CBP stated that because many residents are unclear about which document they should apply for before planning to leave the U.S., or whether they need to apply for a re-entry document at all, it can lead to delays in customs clearance or even the denial of entry. Therefore, CBP recommends that travelers make full use of the official CBP website to check relevant regulations before departure to avoid disrupting their planned travel.
CBP emphasized that if international travelers, citizens, or legal residents encounter various issues during entry inspection or feel unfairly treated, they can file a complaint using the "Traveler Redress Inquiry Program" (TRIP), which is operated jointly by the Department of State and the Department of Homeland Security (DHS) at various airports.
Senior immigration attorneys state that for green card holders returning to the U.S. within six months, according to immigration regulations, Customs and immigration officials should not require a "re-investigation of status." However, if the absence exceeds six months, immigration authorities have the right to investigate whether the individual truly intends to reside in the United States.
