Q: Are green card holders facing secondary inspections at airports for staying over 180 days outside US?

A: Yes, you are more likely now than in the past to be sent to secondary and questioned on your lengthy absence from the United States. You should be prepared to provide an explanation for your absence and ideally have evidence of the cause for the absence as well as proof of your continued ties to the United States (proof of home ownership, renting, voting, having a bank account, paying taxes, having employment, etc.).

If CBP believes you abandoned your residency you have the right to be paroled in and see an immigration judge who will decide your case. CBP could try to attempt to force you to sign a Form I-407 to voluntarily abandon your residency, but you should not do so and have the right to have your case reviewed by an immigration judge.

In the future, if you have a continuing need to remain outside of the United States for a lengthy period of time you can apply for a re-entry permit to protect your residency.

A: As a Green Card holder, you are expected to maintain permanent resident status by living in the U.S. for a majority of the year. Staying outside the country for over 180 days can raise questions about whether you have abandoned your permanent resident status. While each case is different, extended absences may lead to increased scrutiny upon re-entry.

At airports like LAX, Green Card holders who have been outside the U.S. for extended periods may face secondary inspections. Immigration officers may ask detailed questions to assess whether you have maintained ties to the U.S. and intend to continue your permanent residency. If they suspect abandonment of status, you could face further questioning, and in some cases, be detained until the issue is resolved.

If you are in this situation, it’s important to provide documentation that supports your ties to the U.S. This could include proof of employment, home ownership, or family connections. If you face difficulties, it’s a good idea to consult with an immigration lawyer to understand your rights and how to avoid potential issues at re-entry.