Can Green Card Holders With Criminal Records Travel Abroad?

Are you legally allowed to travel abroad with a criminal record? Although there are no restrictions on leaving the US, lawful permanent residents (LPRs) or green card holders who have been convicted of past crimes may risk their immigration status. This post covers the risks and considerations you must keep in mind before considering any international trip. 

Understanding the Consequences of Your Criminal Conviction

One of the benefits of holding a US green card is the ability to live and work in the country indefinitely. However, certain criminal convictions can affect your immigration status, particularly upon reentry after traveling abroad. 

Understand the classification of your criminal record and whether it triggers deportability or inadmissibility in the subsequent sections below. 

Deportability

The grounds of deportability apply to green card holders residing in the US who have been convicted of a certain crime. Generally, you won’t encounter any issues if your offense is not deportable. 

However, in some cases, the US government may consider a returning resident as someone seeking entry to the country for the first time. For instance, this can happen when you stay abroad for more than 180 days, abandon your permanent residence, or leave the country while removal proceedings are pending. 

Inadmissibility

On the other hand, foreign nationals, including green card holders, seeking entry into the US may be subject to inadmissibility grounds. There are situations in which your conviction doesn’t constitute grounds for deportability while you’re physically present in the US. 

Still, the US government can deny you at the border because the offense falls under the rules of inadmissibility. Suppose you’re deemed inadmissible for any reason. A US border protection officer may place you in removal proceedings or ask you to withdraw your application, depending on the severity of the situation. 

Crimes That Can Make Green Card Holders Inadmissible

The Immigration and Nationality Act (INA) specifies the grounds that make an individual inadmissible to the US. Regardless of your current status, falling under its criteria can subject you to similar inadmissibility standards as a first-time application. 

One category of inadmissibility encompasses criminal history. Thus, having an immigration lawyer review your criminal record is essential to protect your residency status. The following are some examples of criminal convictions and activities that constitute grounds for inadmissibility: 

  • Crimes involving moral turpitude
  • Offenses violating any laws relating to illegal drugs
  • Convictions for two or more crimes
  • Being involved in trafficking in controlled substances
  • Engagement in prostitution or a history of such activity within the past ten years
  • Involvement in any illegal commercialized vice
  • Participation in or intent to engage in money laundering

Discuss Your Immigration Case With ALG Lawyers

The impact of criminal convictions can be long-term, particularly when traveling abroad. That includes your ability to stay or return to the country. Given the complexities involved, proceeding without legal assistance can be riskier. A Los Angeles immigration lawyer with a proven track record can help you prepare and understand the appropriate options for your case. 

At ALG Lawyers, we leverage our decades of experience to guide you through these complicated circumstances. You can make the most of your international travel without encountering unexpected legal hurdles upon reentry. Schedule your first consultation now to discuss your immigration case with our team. 

FAQs on Can Green Card Holders With Criminal Records Travel Abroad

A reentry permit proves your intent to maintain your LPR status while traveling abroad. However, it doesn’t offer protection against the consequences of criminal charges, such as denial of reentry or deportation. 

Green card holders with certain criminal records may be at risk of detention upon reentering the US. The US border protection officer may consider you as someone seeking admission to the country for the first time, particularly if you have committed a serious criminal offense. Detained LPRs won’t be eligible to request a release on bond while the case is pending. 

When assessing inadmissibility risk, have a credible immigration lawyer evaluate your criminal and immigration history. Even expunged or historical convictions can cause issues when traveling abroad. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)