Airport Challenges as a Conditional Green Card Holder

A recent viral TikTok post has sparked concern among green card holders about potential reentry issues at U.S. airports. According to the post, a nursing student and conditional green card holder was detained at Los Angeles International Airport (LAX) upon returning from Laos. 

The woman who shared the story claimed that Customs and Border Protection (CBP) officers clipped the student’s green card, placed her in a holding room, and warned that individuals with less than two years of status could face entry complications. While the full details remain unclear, the situation serves as an important reminder for all green card holders about their rights and responsibilities when traveling internationally.  

What is Form I-407? Know Your Rights at the Airport

One of the biggest concerns raised by this incident is whether CBP officers can take away a green card at the airport. This is where Form I-407, the Record of Abandonment of Lawful Permanent Resident Status, comes into play.

What is Form I-407?

Form I-407 is a document issued by the Department of Homeland Security (DHS) that, when signed, voluntarily surrenders a person's permanent resident status. While some green card holders may choose to sign this form willingly, others might be pressured or misled into doing so.

What Are Your Rights?

If you ever find yourself in a similar situation, keep these key points in mind:

You Are Not Required to Sign Anything: CBP officers cannot force you to sign Form I-407 or revoke your green card on the spot. Only an immigration judge has the authority to make a final determination on your residency.

You Can Request a Hearing: If officers claim your green card is invalid, you have the legal right to request a hearing before an immigration judge instead of surrendering your status.

Seek Legal Advice Before Signing Any Documents: If detained, remain calm and ask to speak with an immigration attorney before signing anything.

Read All Documents Carefully: Never sign a document you do not fully understand, especially under pressure.

Traveling with a Conditional Green Card: What You Need to Know

Conditional green cards are valid for two years and require additional steps to maintain lawful status. If you hold a conditional green card and plan to travel internationally, consider these precautions:

Avoid Prolonged Trips Abroad: Extended absences (especially over six months) may raise concerns about whether you have abandoned your U.S. residency.

Ensure Your Green Card is Valid: If your conditional green card is nearing expiration, consult an immigration attorney about filing Form I-751 (Petition to Remove Conditions on Residence) before traveling.

Prepare for Reentry Screening: CBP officers may question you about your trip and your intent to maintain U.S. residency. Have supporting documents ready if necessary.

Understanding your rights and being well-prepared can help protect your residency status. If you encounter difficulties at the airport, remember: you are not obligated to sign anything on the spot, you have the right to legal counsel, and only an immigration judge can officially revoke your status. Stay informed, travel smart, and protect your rights as a U.S. resident.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.