A recent viral TikTok has raised alarm among conditional green card holders traveling abroad, after a woman claimed her niece was pressured into giving up her permanent resident status when returning to the U.S. Here’s what you need to know about traveling abroad as a conditional green card holder and protecting your rights at the border.
What Happened?
In the viral video, a woman alleges that her niece, a nursing student and conditional green card holder, was detained at Los Angeles International Airport (LAX) after returning from Laos. According to the video, Customs and Border Protection (CBP) officers confiscated her green card, clipped the corner, and placed her in a holding room before allegedly telling another traveler that green card holders who have had their status for less than two years risk being denied reentry if they leave the U.S.
While details of this specific case aren’t clear, it’s a good reminder to be wary when re-entering the United States on a conditional green card, especially if CBP officers try to pressure you to sign Form I-407 to relinquish your green card status.
What Is Form I-407?
Form I-407 (“Record of Abandonment of Lawful Permanent Resident Status”) is a document issued by the Department of Homeland Security (DHS). By signing it, a green card holder voluntarily surrenders their legal residency in the U.S. While some individuals may choose to give up their status for personal reasons, many do not realize that signing this form is not mandatory at the airport — even if pressured by an officer.
Know Your Rights: What to Do If You’re Pressured to Sign Form I-407
- You Are Not Required to Sign: No CBP officer can force you to sign Form I-407 and they do not have the authority to unilaterally take away your lawful permanent residency. Only an immigration judge can formally revoke your green card. However, if a green card holder voluntarily signs Form I-407, they are effectively giving up their status, and this decision can be difficult to reverse.
- Request a Hearing: If an officer claims your green card is no longer valid, you have the right to request a hearing before an immigration judge.
- Remain Calm and Ask for Legal Counsel: If detained for questioning, stay calm and request to speak with an immigration attorney before signing anything.
- Don’t Sign Documents You Don’t Understand: Some travelers, out of fear or confusion, sign away their residency without realizing the consequences. If you are presented with a document, read it carefully and do not sign unless you fully understand its impact.
Traveling with a Conditional Green Card: What You Need to Know
Green card holders, including those with conditional green cards, are allowed to travel abroad. However, there are restrictions:
- Avoid long trips: Extended absences (especially over six months) may raise questions about whether you’ve abandoned your U.S. residency.
- Ensure your green card is valid: If your two-year conditional green card is expiring soon, file Form I-751 (“Petition to Remove Conditions on Residence”) before traveling.
- Be prepared for reentry screening: CBP officers may ask about your trip and review documents to confirm you still meet residency requirements.
For more info, check out Boundless’ detailed guide on traveling outside the U.S. as a green card holder.
Bottom Line
The reports of green card holders being pressured into signing Form I-407, although unverified, are concerning. If you’re a green card holder traveling internationally, know your rights at the airport and never sign anything you don’t understand. If CBP challenges your residency, you have the right to request an immigration hearing rather than immediately surrendering your status.