Know Your Rights: What to Do If You Are Detained at a Port of Entry (LPR)

Immigration

All people arriving at the U.S. border or a port of entry have basic rights, and lawful permanent residents (LPRs), also known as green card holders, enjoy greater rights than non-immigrants when returning to the United States after travel abroad. Like all international travelers, LPRs are subject to inspection by U.S. Customs and Border Protection (CBP) when arriving at an airport or land port of entry. As an LPR, CBP will screen you to determine whether you are a “returning resident” or an “arriving alien.”

If questions arise and CBP is unable to admit you quickly, you may be taken to a separate area for “secondary inspection.” A referral to secondary inspection by itself is not an adverse action, but you can expect to be detained anywhere from a few minutes to several hours or longer if an issue arises. During secondary inspection, CBP will ask you questions and may collect biographic and biometric data, run record checks, and determine whether you should be admitted to the United States.

If you are detained by CBP in secondary inspection, you have the following rights:

  • You have the right to contact your consulate for assistance. The consulate can help you contact a lawyer or your family.
  • If you have a lawyer, you should ask CBP for permission to contact your lawyer. Note, however, that CBP may tell you that you do not have the right to speak to an attorney.
  • You have the right to review all written statements that are prepared for you, in a language that you can understand.
  • If you do not agree with the contents of any papers that are presented to you, you may refuse to sign them.
  • You do not have a right of privacy that protects your mobile phone, computer, tablet, or other electronic devices. CBP may search your device and access your email and screen your social media activity during the inspection process. Your phone, laptop, or other digital device may be held and returned to you later.

If CBP determines that you are a “returning resident”, you should be processed quickly and admitted to the U.S. However, CBP will consider you an “arriving alien” if it determines that you:

  • Have abandoned or relinquished your LPR status;
  • Have been absent from the U.S. for a continuous period of more than 180 days;
  • Engaged in illegal activity after departing the U.S.;
  • Departed the U.S. while in removal proceedings or extradition proceedings;
  • Committed certain criminal offenses unless you were granted an immigration waiver; or
  • Are attempting to enter without inspection.

Right to a Hearing Before an Immigration Judge

An LPR who is deemed to be an “arriving alien”, may be charged as removable from the United States. LPRs that are charged as removable have the right to a hearing before an immigration judge.

Abandonment of Residence/LPR Status

CBP may attempt to convince you that you abandoned your residence because of your absence from the United States and may urge you to sign a Form I-407, Record of Abandonment of Lawful Permanent Resident Status. However, it is important to know:

  • You cannot lose your LPR status solely because of time spent abroad.
  • An LPR remains an LPR unless the government proves abandonment by clear, unequivocal, and convincing evidence and an order of removal is issued by an immigration judge and becomes final.
  • Form I-407 must be signed voluntarily. You may refuse to sign the form and there are no negative consequences if you refuse to sign it.

If CBP believes that you abandoned your U.S. residence and you refuse to sign a Form I-407, CBP must issue you a Notice to Appear (NTA) before an immigration judge who will determine if you have abandoned your U.S. residence. CBP cannot make this decision on its own.

If CBP believes that you abandoned your U.S. residence and you sign a Form I-407, you still have the right to request a hearing before an immigration judge.
If CBP takes your permanent resident card, you have the right to other evidence of your LPR status, such as a stamp in your passport.

Future Travel. To avoid delays at the ports of entry or legal issues in the future, you should consult with an immigration attorney prior to traveling if you:

  • Have a criminal record (criminal convictions or a pending criminal charge).
  • Have an application pending with U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR).
  • There is anything in your immigration history that was not disclosed during your immigration process or that might cause a government official to question you about the reason for your travel or about your immigration history.

Questions? Want to Avoid Delays in the Future? Contact an Experienced Immigration Lawyer

To avoid delays at a port of entry or legal issues in the future, it is important to consult with a qualified immigration lawyer. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or contact Law Office of Jessie M. Thomas office for answers.

Printable Factsheet to Help you Understand Your Rights If You Are Detained at a Port of Entry (Legal Permanent Residents)

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What to Do if You are Detained at a Port of Entry {Lawful Permanent Residents)

What to Do if You are Detained at a Port of Entry (Lawful Permanent Residents)

Know Your Rights: Undocumented Immigrants Have These Rights, Too

Immigration

Know your rights. Everyone living in the U.S. has certain basic rights under the U.S. Constitution. Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights.

If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have the rights described in this factsheet. The factsheet also provides suggestions for what you should do to assert your rights.

  • You have the right to remain silent. You may refuse to speak to immigration officers.
    • Do not answer any questions. You may also say that you want to remain silent.
    • Also, do not say anything about how you entered the U.S. or where you were born
  • Carry a know-your-rights card and show it if an immigration officer stops you.
    • The card explains that you will remain silent and that you wish to speak with an attorney.
  • Do not open your door.
    • It is important to not open your door unless an ICE agent shows you a warrant. (They almost never have one.) To be allowed to enter your home, ICE must have a warrant signed by a judge. If an ICE agent wants to show you a warrant, they can hold it against a window or slide it under the door. To be valid, the warrant must have your correct name and address on it.
    • You do not need to open the door to talk with an ICE agent. Once you open the door, it is much harder to refuse to answer questions.
  • You have the right to speak to a lawyer
    • You can simply say, “I need to speak to my attorney.”
    • You may have a lawyer with you if ICE or other law enforcement questions you.
  • Before you sign anything, talk to a lawyer.
    • ICE may try to get you to sign away your right to see a lawyer or a judge. Be sure you understand what a document actually says before you sign it.
  • Always carry with you any valid immigration document you have.
    • For example, if you have a valid work permit or green card, be sure to have it with you in case you need to show it for identification purposes.
    • In addition, do not carry papers from another country with you, such as a foreign passport. Such papers could be used against you in the deportation process.
  • If you are worried ICE will arrest you, let the officer know if you have children.
    • And, if you are the parent or primary caregiver of a U.S. citizen or permanent resident who is under age 18, ICE may “exercise discretion” and let you go.

Know Your Rights Card | Law Office of Jessie M. Thomas

Know Your Rights Card
Print, Cut Out, Fold and Carry in your Wallet or Purse

Questions? Contact an Experienced Immigration Lawyer

If you or your family members have any questions about your immigration status, it is important to consult with a qualified immigration lawyer. Call immigration attorney Jessie M. Thomas at (214) 838-0045 or contact Law Office of Jessie M. Thomas office for answers.

More Factsheets to Help you Understand Your Rights at Home and in the Work Place

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If ICE Comes To Your Work Place

If ICE Comes to Your Work Place

If ICE Visits Your Home

If ICE Visits Your Home

Consular Processing: A Path For Your Immigration Visa (Green Card)

Immigration, Immigration News

Consular Processing | Law Office Of Jessie M ThomasConsular processing is one of two paths for obtaining an immigrant visa (green card) to the United States. The other path is “adjustment of status.” If the applicant is outside the U.S., the only path for immigrating to the U.S. is to use consular processing.

Consular processing refers to the process of applying for a visa through the U.S. consulate in a foreign country. Some applicants prefer consular processing over adjustment of status because it generally has a shorter processing time (about 4-6 months). What’s more, consular processing has a lower risk of refusal. Unlike USCIS officers, consular officers cannot refuse to issue a visa based on discretion. This means that the consular officer must have specific, factual evidence for denying an application. However, cases that are denied are generally non-reviewable. This means that it is a final decision.

The Law Office of Jessie M. Thomas offers full service legal counsel for consular processing. We guide your through every step in the process and ensure that you have a complete and thoroughly prepared application. We also help prepare you for your interview. Call us (214) 838-0045.

Examples Where Consular Processing May Be Chosen

  1. Ola is an Alien living outside the U.S. He is not eligible to apply for adjustment of status. Ola may only apply for consular processing.
  2. Katia is an Alien in the U.S. and is in a valid non-immigrant status. Katia may apply for either consular processing or adjustment of status after obtaining an approved immigration petition.
  3. Jose is an Alien living in Texas. Jose has an approved family-based immigration petition and a visa number is available. Because the time frame for adjustment of status based on a family-based immigration petition is long, Jose chooses to apply for consular processing for strategic reasons.
  4. Gunnar has an approved National Interest Waiver petition, but Gunnar’s H-1B is going to expire. Gunnar may apply either for consular processing or adjustment of status. Because applying for adjustment of status has the benefit of a work permit, Gunnar chooses to apply for adjustment of status.
  5. Lijuan has an approved National Interest Waiver petition. Lijuan was from China with a J-1 visa and it is very hard for her to get a J-1 waiver. Moreover, the immigrant visa number has a long backlog. Lijuan decides to go back to China to reside for two years to meet the home country residency requirement. After she resides in China for two years and her immigrant visa number becomes available, Lijuan may apply for consular processing.

Be certain to ask a prospective lawyer if their immigration service just includes the initial filing steps in the U.S. or whether they also include the critical consular processing steps. Prior experience working with the US consulate you will be dealing with is also highly valuable.

Steps for Consular Processing

  1. Determine Your Basis to Immigrate
    The first step in consular processing is to determine if you fit into a specific immigrant category. Most immigrants become eligible for a green card (permanent residence) through a petition filed on your behalf by a family member or employer. Others become permanent residents through first obtaining refugee or asylum status, or through a number of other special provisions.
  2. File the immigration Petition
    1. Family Based
      Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. For more information, see our Family Based Green Card page.
    2. Employment Based
      Employment based categories most often require the intending U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf. For more information, see our Employment Visa page.
    3. Special Classes of Immigrants
    4. Humanitarian Based
  3. Wait for a Decision on the Petition
    USCIS will notify the petitioner of a decision. If the petition is denied, the notice will include the reasons for denying the petition and any rights to appeal the decision. If the petition is approved, USCIS will send the approved petition to the Department of State’s National Visa Center (NVC), where it will remain until an immigrant visa number is available. See the USCIS Visa Availability & Priority Dates page for more information.
  4. Wait for Notification from National Visa Center
    The National Visa Center, which is responsible for the collection of visa application fees and supporting documentation, will notify the petitioner and beneficiary when the visa petition is received and again when an immigrant visa number is about to become available. They will also notify the petitioner and beneficiary of when they must submit immigrant visa processing fees and supporting documentation. Check the latest Visa Bulletin.
  5. Attend Consular Appointment
    Once a visa is available or a beneficiary’s priority date is current, the consular office will schedule the applicant for an interview. The consular office will complete processing of the applicant’s case and decide if the beneficiary is eligible for an immigrant visa.
  6. Enter the United States
    If you are granted an immigrant visa (green card), the consular officer will give you a packet of information. This packet is known as a “Visa Packet.” Upon your arrival to the United States, you should give your Visa Packet to the Customs and Border Protection officer at the port of entry. You will be inspected by a Customs and Border Protection officer and if found admissible, you will be admitted as a permanent resident of the United States. This gives you the authority to live and work in the United States permanently.
  7. Receive Your Green Card
    You will be mailed your green card. If you do not receive your green card within 45 days of your arrival in the U.S., call the USCIS National Customer Service Center at 1-800-375-5283 or visit your local office by making an InfoPass appointment.

An experienced immigration attorney can help determine if consular processing is the right option for you. Call the Law Office Jessie M. Thomas today (214) 838-0045.