Supreme Court Immigration Update

Green Card Holders Need to Be Careful Traveling With Criminal Charges

The Supreme Court just issued a decision that matters for green card holders who travel internationally with a pending criminal charge or conviction.

The case is Blanche v. Lau. The point is simple: having a green card does not always mean reentry will be routine.

That is especially true when there is a criminal-history issue that could trigger inadmissibility.

What happened in Blanche v. Lau?

Lau was a lawful permanent resident. He had a pending criminal charge in New Jersey for trademark counterfeiting. While that charge was still pending, he traveled to China and then came back to the United States.

Normally, a returning green card holder is treated as already admitted to the United States. But there are exceptions. One exception applies when the government says the person has committed certain criminal offenses, including some crimes involving moral turpitude.

When Lau returned, the government did not simply admit him as a returning lawful permanent resident. Instead, it treated him as someone seeking admission and paroled him into the United States while the criminal case continued.

After he later pleaded guilty, the government used the conviction in removal proceedings.

What did the Supreme Court say?

The Supreme Court held that a border officer does not need clear and convincing evidence at the airport that a returning green card holder committed the crime before treating that person as seeking admission.

That is the key point.

The Court said the government can treat a lawful permanent resident as seeking admission if the person committed a covered offense before returning to the United States. Then, in removal proceedings, the government can rely on the later conviction to support the inadmissibility charge.

The Court did not decide whether Lau’s specific conviction was actually a crime involving moral turpitude. That issue was left for later.

Why this matters for green card holders

Green card holders should not casually travel internationally if they have a pending criminal case, an old conviction, or anything in their record that might create an immigration issue.

The difference between inadmissibility and removability matters.

If the government treats someone as inadmissible, the case can look very different than if the government treats the person as already admitted and removable. The burden can be different. The arguments can be different. The available defenses may be different.

A charge that seems minor under state criminal law may still create a serious immigration problem. That is especially true with crimes involving moral turpitude, controlled substances, fraud, theft, and other criminal grounds listed under the grounds of inadmissibility.

The practical takeaway

Do not assume international travel is safe just because you have a green card.

Before leaving the United States, a lawful permanent resident with any criminal-history issue should know:

• whether the offense could be treated as a crime involving moral turpitude;
• whether the issue creates inadmissibility, removability, or both;
• whether travel could make the immigration case harder;
• whether a waiver may be available; and
• whether it is better to delay travel.

This does not mean every green card holder with a criminal issue will be denied entry or placed in removal proceedings. But the risk should be reviewed before travel, not after the person is stopped at the airport.

Thinking about traveling with a criminal charge or conviction?

If you are a green card holder with a criminal charge or conviction and you are thinking about traveling, it is worth getting advice first.

A short trip can create a much bigger problem if inadmissibility or removability issues are not reviewed before travel.

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Related immigration resources

If your case involves a green card, criminal history, inadmissibility, or removal risk, these resources may help you understand the basic framework before your consultation:

• Inadmissibility & Immigration Waivers
• Grounds of Inadmissibility
• Removability vs. Inadmissibility
• Federal Immigration Litigation

FAQ: Green card travel and criminal charges

Disclaimer: This post is for general informational purposes only and is not legal advice. Reading this post does not create an attorney-client relationship. Immigration law is fact-specific, and outcomes depend on the person’s immigration history, criminal history, travel history, procedural posture, and current law.