By Brian Figeroux, Esq. | Editorial credit: fuadstephan / shutterstock.com
Traveling with pending criminal cases or past convictions presents significant risks for green card holders.
Introduction
For lawful permanent residents (LPRs), commonly known as green card holders, traveling—whether domestically or internationally—can be risky if they have pending criminal cases or past convictions. U.S. immigration laws are stringent, and any criminal history can trigger severe consequences, including denial of re-entry, deportation, or difficulty renewing their green card. Therefore, it is essential for green card holders with criminal issues to understand the legal implications and take necessary precautions before traveling. Read more at www.askthelawyer.us. To read the complete analysis in our publication, click here, and on our immigration blog, click here.
This article provides an in-depth analysis of the precautions green card holders should take when traveling within the U.S. and abroad, the risks posed by pending charges and past convictions, and the legal steps they can take to protect their immigration status.
Understanding the Risks of Traveling with Criminal Issues
- Domestic Travel Risks
Although domestic travel within the U.S. generally does not require immigration documents, green card holders with pending criminal cases or convictions should remain cautious. Law enforcement agencies and immigration authorities work closely together, and interactions with authorities—such as during routine traffic stops or security screenings—can result in:
- Potential Detention by ICE: Law enforcement agencies may report individuals with pending charges or convictions to Immigration and Customs Enforcement (ICE), which could initiate removal proceedings.
- Denial of Green Card Renewal: If TSA or law enforcement records a criminal issue, it can impact future immigration applications.
- Inadmissibility upon Reentry: If a green card holder travels between U.S. states and later attempts to re-enter from territories such as Puerto Rico, immigration checks at border points could result in inadmissibility determinations.
- International Travel Risks
When traveling outside the United States, green card holders must be even more cautious, as returning to the U.S. can trigger an inadmissibility review by Customs and Border Protection (CBP). Risks include:
- Denial of Entry: Under INA § 212(a), individuals with certain criminal convictions, including crimes involving moral turpitude (CIMT), drug-related offenses, and aggravated felonies, can be denied reentry to the U.S.
- Detention at Ports of Entry: CBP officers have access to extensive databases, including FBI records, which can flag pending criminal cases or past convictions, leading to secondary inspections and possible detention.
- Mandatory Waivers or Appeals: Certain offenses require special waivers (such as I-601 waivers) to return to the U.S., which can be time-consuming and complex.
Precautions Green Card Holders Should Take Before Traveling
- Consult an Immigration Attorney
Before making any travel plans, green card holders should consult an experienced immigration attorney to assess their criminal history and evaluate their risks. Law firms, such as Figeroux & Associates, can provide legal guidance on whether travel is advisable and recommend legal remedies to address pending charges or past convictions.
- Obtain Certified Court Dispositions
Green card holders should collect certified copies of court dispositions for all past criminal cases. These records can:
- Help verify the resolution of past cases to CBP officers upon reentry.
- Provide documentation for waiver applications if required.
- Be used by attorneys to challenge potential deportation proceedings.
- Apply for a Waiver if Necessary
If a green card holder is inadmissible due to past convictions, they may need to apply for a waiver before traveling abroad. Potential options include:
- Form I-601, Application for Waiver of Grounds of Inadmissibility – This waiver can overcome criminal inadmissibility issues.
- Permission to Reapply (Form I-212) – Required for those who have been previously removed or deported.
- Avoid Travel Until Criminal Matters Are Resolved
If a green card holder has an ongoing criminal case, it is generally advised to avoid traveling outside the U.S. until the case is fully resolved. Leaving the country with pending charges may be interpreted as abandonment of their legal case and can lead to:
- Default judgments that could negatively impact their immigration status.
- The inability to reenter the U.S. due to unresolved legal matters.
- Prepare for Secondary Inspection at Airports
If traveling is unavoidable, green card holders should be prepared for questioning and secondary inspection by immigration officers. To mitigate issues:
- Carry all relevant legal documents, including proof of lawful status, employment records, and court dispositions.
- Be truthful and consistent in responding to questions from CBP officers.
- Seek legal counsel before leaving to know how to handle different scenarios.
- Be Aware of Automatic Green Card Revocation Risks
Certain criminal convictions can lead to automatic loss of green card status, including:
- Drug offenses.
- Crimes involving moral turpitude.
- Aggravated felonies, such as fraud exceeding $10,000 or violent crimes.
It is crucial to understand whether a past conviction may trigger automatic revocation of permanent resident status.
- Renew the Green Card Before Traveling
If the green card is expiring soon, renewal should be completed before traveling to avoid additional scrutiny during reentry. However, if there are criminal convictions, the renewal process could trigger a review of immigration status and possible denial.
Steps to Take Upon Reentry to the U.S.
If green card holders with criminal records travel abroad and attempt to reenter, they should follow these steps:
- Cooperate with Immigration Authorities: Avoid providing false information and remain calm during questioning.
- Request Legal Representation: If placed in secondary inspection, individuals have the right to request an immigration attorney.
- Understand Their Rights: Green card holders have the right to due process and should not sign any documents that waive their right to a hearing without consulting an attorney.
Conclusion
Traveling with pending criminal cases or past convictions presents significant risks for green card holders. Whether traveling within the U.S. or abroad, taking precautions such as consulting an attorney, obtaining necessary documentation, and applying for waivers where applicable can help mitigate risks. Seeking legal advice from experienced immigration attorneys, such as Figeroux & Associates, can provide the necessary guidance to protect one’s immigration status and avoid potential removal from the United States.