A routine trip to India or any other country could now carry unexpected immigration consequences for some US green card holders. In a significant ruling that could affect lawful permanent residents facing criminal charges, the US Supreme Court has held that border officials can treat a returning green card holder as someone “seeking admission” to the United States rather than being automatically readmitted upon return.
The ruling came in a 6–3 decision in the case of Blanche v. Lau, allowing Customs and Border Protection (CBP) officers to make that determination at the border. The government would then be permitted to establish the necessary proof later during removal proceedings. Immigration attorneys say the decision substantially increases the risks associated with international travel for green card holders who have pending criminal charges or unresolved criminal matters.
According to Cyrus D. Mehta, a New York-based immigration attorney, the ruling permits authorities to treat a returning green card holder as seeking admission based on an indictment or suspicion. In such cases, officials may confiscate the green card and parole the individual into the country while removal proceedings are pending. Mehta said the ruling creates serious concerns for lawful permanent residents with unresolved criminal matters and advised those facing criminal charges to avoid international travel while their cases remain pending.
He further noted that even someone charged with a relatively minor offence, such as shoplifting, could be better off postponing international travel until the matter is resolved. Otherwise, the green card could be confiscated, potentially affecting access to employment and other benefits available to permanent residents.
Kripa Upadhyay, a Seattle-based attorney and partner at Buchalter, said the ruling significantly changes the risk assessment for green card holders considering overseas travel. She explained that if a returning green card holder is deemed to be “seeking admission” and is detained or paroled, the government may initiate removal proceedings on inadmissibility grounds. In those proceedings, the individual bears the burden of defeating the charge, which differs from deportation proceedings where the government is required to prove its case.
Upadhyay added that a criminal charge, even without a conviction, could now have serious immigration consequences at the border. She warned that old arrests, convictions or seemingly minor criminal matters could attract scrutiny during international travel.
Immigration attorney Rekha Sharma-Crawford said the ruling effectively weakens the traditional presumption of innocence for green card holders who travel while criminal charges are pending. According to her, CBP officers can now classify such individuals as applicants for admission based solely on pending charges. This classification can shift burdens of proof, increase the risk of detention and reduce constitutional protections available to lawful permanent residents.
The common message from immigration lawyers following the Supreme Court decision is that lawful permanent residents with pending criminal charges, unresolved criminal cases or potentially problematic criminal histories should seek immigration advice before travelling internationally. Attorneys warn that what was once considered a routine trip abroad could now carry significantly greater immigration risks for affected green card holders.
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