Green Card Holders can be treated as Applicants for Admission***INA § 101(a)(13)(C) and the U.S. Supreme Court Decision 25-429 Blanche v. Muk Choi (06/23/2026)

Most Green Card Holders Are Not Seeking Admission When They Return from Abroad

A common misconception is that every lawful permanent resident (LPR) is applying for admission every time they return to the United States after traveling abroad. Fortunately, that is generally not the case.

Under INA § 101(a)(13)(C), a lawful permanent resident is not considered to be seeking admission to the United States simply because he or she traveled outside the US. This protection is significant because it means that, in most cases, Customs and Border Protection (CBP) cannot treat a returning green card holder like someone applying for entry for the very first time.

Instead, a returning permanent resident is generally entitled to resume lawful permanent residence without having to establish admissibility under the grounds listed in INA § 212.

However, Congress created six important exceptions. If even one of these exceptions applies, a returning lawful permanent resident may be treated as an applicant for admission and may become subject to the grounds of inadmissibility, and as a result more easily stripped of their legal permanent residence status and removed or deported from the US.

The Six Exceptions Under INA § 101(a)(13)(C)

A lawful permanent resident will be regarded as seeking admission if he or she:

1. Abandoned or Relinquished Lawful Permanent Resident Status

A permanent resident who has abandoned U.S. residence may lose the protections afforded by INA § 101(a)(13)(C).

Examples may include:

• Moving permanently to another country

• Accepting employment abroad with the intent to reside there indefinitely

• Taking actions inconsistent with maintaining permanent residence in the United States

Simply traveling abroad does not constitute abandonment. Rather, the government looks at the individual's intent and overall circumstances.

2. Remained Outside the United States for More Than 180 Continuous Days

One of the most common exceptions involves lengthy international travel.

If a lawful permanent resident has been outside the United States for more than 180 consecutive days, the individual is automatically treated as an applicant for admission upon returning.

Importantly, spending more than six months abroad does not automatically mean the green card has been abandoned. Instead, it means CBP may inspect the returning resident under the inadmissibility provisions of the Immigration and Nationality Act.

Because trips longer than six months can have serious immigration consequences, permanent residents should consult an immigration attorney before departing whenever possible.

3. Engaged in Illegal Activity After Leaving the United States

A lawful permanent resident who engaged in unlawful conduct while outside the United States may be treated as an applicant for admission upon returning.

This provision applies to illegal activity committed after departing the United States, regardless of whether criminal charges were ultimately filed.

4. Left the United States While Removal or Extradition Proceedings Were Pending

A permanent resident who departs the United States while:

• Removal proceedings are pending; or

• Extradition proceedings are pending

may lose the protections normally afforded to returning lawful permanent residents.

5. Committed Certain Criminal Offenses Listed in INA § 212(a)(2)

Criminal history is one of the most significant issues affecting returning green card holders.

This exception generally applies to individuals who have committed offenses described in INA § 212(a)(2), including:

• Crimes involving moral turpitude (CIMTs)

• Controlled substance offenses

• Multiple criminal convictions

• Prostitution-related offenses

• Certain trafficking offenses

• Other specified criminal conduct

There are important exceptions.

This provision does not apply when the permanent resident has previously received:

• A waiver under INA § 212(h); or

• Cancellation of removal under INA § 240A(a).

Because criminal convictions often involve complex immigration consequences, anyone with a criminal history should consult experienced immigration counsel before traveling internationally.

6. Attempted to Enter Without Inspection

Finally, a lawful permanent resident becomes an applicant for admission if he or she attempts to enter the United States:

• Without inspection by an immigration officer; or

• At a location other than a designated port of entry.

Why INA § 101(a)(13)(C) Matters

The distinction between being a returning permanent resident and an applicant for admission can have enormous legal consequences.

If None of the Six Exceptions Applies

When none of the statutory exceptions applies:

• The lawful permanent resident is not considered an applicant for admission.

• CBP generally cannot require the individual to establish admissibility under INA § 212.

• If the Department of Homeland Security believes the person is removable, it generally must proceed under the deportability provisions found in INA § 237, rather than the inadmissibility provisions.

These protections provide important safeguards for lawful permanent residents who travel abroad temporarily.

If One of the Exceptions Applies

If any one of the six exceptions is triggered:

• The permanent resident is treated as an applicant for admission.

• CBP may examine whether the individual is inadmissible under INA § 212.

• The individual may be placed into removal proceedings if an applicable ground of inadmissibility exists.

Common Examples

Example 1

Maria takes a two-week vacation to Mexico and returns to the United States.

Result: She is not an applicant for admission.

Example 2

Carlos spends eight months caring for his parents overseas before returning.

Result: Because he remained outside the United States for more than 180 continuous days, he could be treated as an applicant for admission.

Example 3

James returns after a one-month vacation but has a conviction for a crime involving moral turpitude.

Result: He may be treated as an applicant for admission under INA § 101(a)(13)(C)(v), depending on the circumstances.

Example 4

A permanent resident attempts to cross the border between ports of entry i.e. enter illegally or without inspection.

Result: The individual will be considered an applicant for admission.

Example 5

A green card holder permanently relocates overseas and no longer intends to live in the United States.

Result: The government may determine that the individual abandoned lawful permanent residence.

Important Case Law: Matter of Pena and Blanche v. Muk

One of the leading decisions interpreting INA § 101(a)(13)(C) is Matter of Pena, 26 I&N Dec. 613 (BIA 2015).

In that case, the Board of Immigration Appeals confirmed that the Department of Homeland Security generally cannot treat a returning lawful permanent resident as an applicant for admission unless one of the six statutory exceptions applies.

The decision reinforces Congress's intent to protect lawful permanent residents from unnecessary challenges to their status after routine international travel.

On the other hand, in the recent U.S. Supreme Court decision decided on 06/23/2026, 25-429 Blanche v. Muk Choi, the Court held that the Immigration and Nationality Act (INA) does not require a border officer to possess clear and convincing evidence that a lawful permanent resident committed a crime involving moral turpitude (CIMT) before treating that permanent resident as an applicant for admission upon returning from a trip abroad.

In that case, a legal permanent resident had been charged with trademark counterfeiting in New Jersey, then briefly traveled abroad, and upon return was not admitted as a legal permanent resident. Instead, he was placed in inadmissibility proceedings under INA 212, which does not offer the stronger legal protections against deportation as proceedings under INA 237. Hence, it is much easier for a legal permanent resident to be removed or deported under INA 212 inadmissibility proceedings.

Practical Tips Before Traveling Abroad

If you are a lawful permanent resident, consider the following before leaving the United States:

• Keep trips under six months whenever possible.

• Maintain strong ties to the United States, including your home, employment, and tax filings.

• Avoid lengthy or repeated absences without first consulting an immigration attorney.

• If you have ever been arrested or convicted of a crime, seek legal advice before international travel.

• If you have ever been placed in removal proceedings or have a pending immigration case, consult an attorney before leaving the country.

• Never attempt to enter the United States anywhere other than a designated port of entry.

Final Thoughts

INA § 101(a)(13)(C) provides important protections for lawful permanent residents who temporarily travel outside the United States. In most situations, a returning green card holder is not considered to be seeking admission.

Nevertheless, the six statutory exceptions can have significant consequences. Long trips abroad, criminal convictions, abandonment of permanent residence, pending removal proceedings, illegal conduct outside the United States, or attempting to enter without inspection may result in a lawful permanent resident being treated as an applicant for admission and subjected to the grounds of inadmissibility.

If you are planning international travel and are unsure how these rules may affect your immigration status, consulting with an experienced immigration attorney before you leave the United States can help protect your lawful permanent resident status.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Every immigration case is unique. If you have questions about international travel as a lawful permanent resident, consult a qualified immigration attorney.