Permanent residency could be revoked if foreign travel proves costly, US Supreme Court’s major decision: Permanent residency could be revoked if foreign travel proves costly

If you are a green card holder in America and have any kind of criminal case pending against you, then your international travel can now put you in big trouble. The recent decision of the US Supreme Court has made the immigration rules very strict for green card holders. Following the 6-3 majority decision in Blanch v. Lau, border officials can now treat returning green card holders as ‘applicants for admission’, rather than automatically admitting them.

What is the decision and why is it dangerous?

This decision has given broad powers to Customs and Border Protection (CBP) officers. Authorities can now stop a green card holder, confiscate their green card, and initiate deportation proceedings solely on the basis of a pending criminal charge or suspicion. According to immigration experts, this means that you will no longer have the same right to enter the US as a permanent resident previously did. The burden will now be on you to prove that you are eligible to stay in the US.

Even a small crime like shoplifting can become a ‘trouble’

Prominent New York immigration lawyer Cyrus D. Mehta has warned that traveling abroad is now risky for anyone facing criminal charges. Even charges for minor crimes like shoplifting can jeopardize your permanent citizenship and employment rights. Mehta clearly says that until your case is completely resolved and you are acquitted, the safest option is to avoid international travel.

Have to prove yourself ‘innocent’

Seattle lawyer Kripa Upadhyay called the decision a “game-changer” from an immigration perspective. Under earlier rules, the government had to prove the charges against the accused, but now the situation has reversed. If you are detained at the border, the ‘burden of proof’ will now be on you. This situation undermines constitutional protections and you may face a lengthy legal battle or detention.

Consult with an immigration attorney before traveling

Experts like Rekha Sharma-Crawford believe that this decision ends the ‘presumption of innocence’. If you have any past arrests, convictions or unresolved criminal cases pending against you, be sure to seek legal advice from an immigration attorney before leaving for the airport. Before leaving the US, it is important to know whether your return route is safe during your trip. This decision is a big lesson for thousands of people who travel abroad ignoring their past mistakes or pending cases.