Practice Advisory on Returning Lawful Permanent Residents and Crimes

Being a lawful permanent resident (LPR) of the United States carries important benefits, including the right to live and work in the United States and the ability to apply for U.S. citizenship after certain requirements are met. However, in some situations an LPR’s travel outside of the United States, even for a brief trip, can jeopardize their status and its attendant benefits. One of these situations is where the LPR has committed certain criminal offenses, even though the offense may be minor and even when the offense would not render the LPR deportable if they never departed the United States. This practice advisory describes the circumstances when LPRs returning from a trip abroad who have committed certain offenses can be treated as seeking admission, outlines the consequences of such treatment, and provides practice tips for defending an LPR who is being charged as seeking admission due to criminal offenses.