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-   -   LPR taking trip from US to UK, re-entering, should I be concerned? (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/lpr-taking-trip-us-uk-re-entering-should-i-concerned-954800/)

BlueBoy75 May 2nd 2025 9:29 am

LPR taking trip from US to UK, re-entering, should I be concerned?
 
Thank you in advance for your insights/experiences.
I am a Lawful Permanent Resident (IR1 Green Card) living in the US for 8 years, originally from the UK. UK citizen. Planning a trip home to the UK. No criminal records anywhere. Should I be concerned about getting back into the US on my return leg? Hearing lots of unsavory noise about people getting stopped/detained at the US border, don't want that to happen to me, but really need a trip home to see family and friends.
Cheers

S Folinsky May 2nd 2025 10:57 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 
FYI, Dublin, Shannon and all Canadian airports have Pre Flight Inspection for flights to the US. Playing with Google Flights for routes on Air Canada, Aer Lingus and WestJet was interesting.

postbox134 May 2nd 2025 11:38 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by BlueBoy75 (Post 13309687)
Thank you in advance for your insights/experiences.
I am a Lawful Permanent Resident (IR1 Green Card) living in the US for 8 years, originally from the UK. UK citizen. Planning a trip home to the UK. No criminal records anywhere. Should I be concerned about getting back into the US on my return leg? Hearing lots of unsavory noise about people getting stopped/detained at the US border, don't want that to happen to me, but really need a trip home to see family and friends.
Cheers

You'll be fine, LPRs can't be denied entry to the US and you seem to be very low risk of issues. Have you considered naturalizing?

robin1234 May 2nd 2025 12:30 pm

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by postbox134 (Post 13309698)
. Have you considered naturalizing?

Yeah exactly. I’ve been a citizen for twenty years, but, if I had a green card, I would NOT enter or leave the US under current circumstances. I’d strongly consider either (1) becoming a citizen or (2) emigrating from the US.

Risk is low, but very bad things have happened to some people.

postbox134 May 2nd 2025 12:42 pm

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by robin1234 (Post 13309701)
Yeah exactly. I’ve been a citizen for twenty years, but, if I had a green card, I would NOT enter or leave the US under current circumstances. I’d strongly consider either (1) becoming a citizen or (2) emigrating from the US.

Risk is low, but very bad things have happened to some people.

I think that's slightly too far, LPRs are only one step down from Citizens at the border. If I was a student or had some past issue, I'd stay in the US but a regular LPR traveller has nothing to fear.

S Folinsky May 2nd 2025 2:40 pm

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by postbox134 (Post 13309698)
You'll be fine, LPRs can't be denied entry to the US and you seem to be very low risk of issues. Have you considered naturalizing?

Interesting comment. LPR’s are subject to removal upon a finding of inadmissibility. Twenty years back I lost such a removal case. The reason I mention this is that last year the minions of the dark forces finally got around to exonerating her appearance bond by sending the money and interest to me. Inasmuch as my license is inactive, I no longer maintain an IOLTA account. In fact, I am not allowed to have such an account. Also, the US Treasury no longer allows third party endorsements on government checks. But the obligations on attorney trust funds still apply. Figured out what to do, but it was a big PIA.

newacct May 3rd 2025 3:46 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by S Folinsky (Post 13309711)
LPR’s are subject to removal upon a finding of inadmissibility.

This is correct. However, they would have to be put into regular removal proceedings in immigration court, where each side presents their case to the immigration judge. LPRs are not subject to "expedited removal" at the port of entry.

LT1 May 3rd 2025 4:54 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 
No problem when coming back on seven trips this year (all typically under a week) at multiple airports and a cruise port.

S Folinsky May 5th 2025 3:26 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by newacct (Post 13309764)
This is correct. However, they would have to be put into regular removal proceedings in immigration court, where each side presents their case to the immigration judge. LPRs are not subject to "expedited removal" at the port of entry.

The term “however” strikes me as inapposite here. Removal proceedings also allow for detention. We need not talk about Louisiana if the government minions decide to detain.

We have been getting this inquiry a fair amount at the assistance project where I volunteer. OP here does not provide much in the way of detail about her immigration history. If there is a problem in that history, it is the inspection process that might cause it to surface and bite one on the rear end.

BTW, in regards to that bond refund I mentioned, client had been traveling with a companion with the same history. They were separated in line at LAX resulting in one returning ZLPR and the other arrested for removal. Risk assessment for travel can be tricky.

porkedpie May 5th 2025 5:01 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 
The discussion here seems to be focused on the law, which is realistically only part of the picture here. The administration has illegally deported people and failed to return them. In addition, Section 237(a)(4)(C)(i) of the Immigration and Nationality Act as currently interpreted gives the executive significant power to do what they want.
Is it likely you'll have an issue? (Without any further information on your case) No it is very unlikely you'll have an issue.
As a UK citizen and an LPR you are still near the safest end of the spectrum. Europeans/Brits who have got into trouble are mostly on ESTA and usually doing something they shouldn't have been or at least in a grey area. If you were Mexican or Central American I would be much more concerned.

I would definitely not have any electronic evidence (on my phone, social media etc.) of any criticism of the Administration or the US.
Other than that and assuming you have not committed any crimes and your status was obtained honestly your odds are very good to have a trouble-free re-entry.



Originally Posted by S Folinsky (Post 13309695)
FYI, Dublin, Shannon and all Canadian airports have Pre Flight Inspection for flights to the US. Playing with Google Flights for routes on Air Canada, Aer Lingus and WestJet was interesting.

Do the pre-flight inspection have different processes to those happening on arrival? I would think any policy/directive would apply there equally.

postbox134 May 5th 2025 5:57 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by porkedpie (Post 13310039)
Do the pre-flight inspection have different processes to those happening on arrival? I would think any policy/directive would apply there equally.

My understanding is the primary difference between them is at preclearence they don't have the power to detain you. You can be refused entry but they cannot detain you pending removal etc, you're free to just walk back into Ireland/UAE/Canada. Some people are choosing to enter the US via these ports of entry on purpose for that reason.

There is a caveat that those LPRs with extended stays outside the US should avoid preclearence, because it's the only PoEs that the CBP can refuse to admit you. If you're in the US or at the land border, they can only give you a notice to appear (or very rarely, detain you), which can allow you to fight for your LPR status in court. At preclearence, you're just turned away without that option.

S Folinsky May 5th 2025 7:39 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by postbox134 (Post 13310044)
If you're in the US or at the land border, they can only give you a notice to appear (or very rarely, detain you), which can allow you to fight for your LPR status in court. At preclearence, you're just turned away without that option.

Hmm. When did this change? Just curious/

porkedpie May 5th 2025 7:45 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 
S Folinsky - you raised the notion of pre-flight inspection - what benefit do you know of?

postbox134 May 5th 2025 9:59 am

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by S Folinsky (Post 13310051)
Hmm. When did this change? Just curious/

I've not read the Irish version - but the Canadian law that contains the provisions for preclearance on their soil says:

Unless they are detained under this Act, every traveller bound for the United States may withdraw from preclearance and, subject to section 30, may leave a preclearance area or preclearance perimeter without departing for the United States.
https://laws.justice.gc.ca/eng/acts/P-19.32/page-2.html

(the one exception is if the traveller is suspected of contravening Canadian law, they may be passed to a Canadian police officer. But I'd imagine that was criminal issues rather than immigration ones.

S Folinsky May 5th 2025 1:35 pm

Re: LPR taking trip from US to UK, re-entering, should I be concerned?
 

Originally Posted by postbox134 (Post 13310068)
I've not read the Irish version - but the Canadian law that contains the provisions for preclearance on their soil says:

https://laws.justice.gc.ca/eng/acts/P-19.32/page-2.html

(the one exception is if the traveller is suspected of contravening Canadian law, they may be passed to a Canadian police officer. But I'd imagine that was criminal issues rather than immigration ones.

<sigh>

My inquiry is directed at the limitation on what US inspections can do at PFI.


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