Green card holders: should I travel abroad with pending criminal charges?

This is general information, not legal advice. Every case is different. Only an immigration attorney or a DOJ accredited representative can tell you whether a trip is safe for you.

Is it safe to travel with an open criminal case?

It may not be. Wait until a lawyer checks your case. We know that is hard, especially if family abroad needs you. But the risk is real, and it got bigger in 2026.

Usually, a green card holder coming home from a short trip is treated as a returning resident. You are not asking to be "admitted" again. Federal law lists a few exceptions. One of them is if you have committed certain crimes, like crimes involving moral turpitude or drug offenses. Notice the wording: the law looks at whether you committed the crime, not only at whether you were convicted.

What did the Supreme Court decide in Blanche v. Lau?

On June 23, 2026, the Supreme Court ruled 6 to 3 against a green card holder in a case called Blanche v. Lau.

What happened in that case:

• He was a green card holder. He was charged with a crime in New Jersey.
• He took a trip abroad while the charge was still open.
• When he came back, the border officer did not let him in as a returning resident. The officer treated him as someone asking to be admitted, and let him into the country only on parole while his criminal case went on.
• He later pleaded guilty. The government then put him in immigration court and said he could not be admitted because of the conviction.

What the Court said:

• A border officer does not need "clear and convincing evidence" that you committed a crime before treating you as someone asking to be admitted. An open charge was enough in his case.
• The government has to prove the crime later, in immigration court. A conviction can do that.
• The Court did not decide what proof, if any, a border officer needs at the airport.

The three justices who disagreed warned that green card holders treated this way can have their green cards taken at the border, can be detained, and can face a harder fight in immigration court. If the charge ends in an acquittal, they said, the government's case on that basis would fail, but the person could wait years to get there.

What does this mean for me?

If you leave with an open case, you could come back to:

• Questions and a long wait at the airport or border
• Parole instead of admission, so you are in the U.S. but not treated as a returning resident
• Detention while your case goes on
• Immigration court later, if you are convicted of a crime on the list

We found no public guidance from U.S. Customs and Border Protection on how officers are using this decision since June 2026 (we searched again on October 21, 2026). Ask a lawyer what they are seeing now.

Other things that also change how you are treated when you return:

• Staying outside the U.S. more than 180 days in a row
• Leaving while you are in immigration court (removal proceedings)
• Breaking the law while you are abroad

For the bigger picture, see Your rights as a green card holder and what can put them at risk and What is a crime involving moral turpitude?.

What if my case is finished?

A finished case can still matter at the border. The law looks at whether you committed an offense on the list, not only at whether a case is open (8 U.S.C. 1101(a)(13)(C)(v)). So a past conviction for a crime involving moral turpitude or a drug offense can lead officers to treat you as someone seeking admission, years later. The exception is if you were later granted a crimes waiver or cancellation of removal. Some convictions can also make you deportable, which is a separate risk. See Your rights as a green card holder and what can put them at risk.

If your case was dismissed or you were found not guilty, bring the final court papers to your lawyer. Ask whether anything in the police report could still be used against you.

Does my criminal case let me leave California?

This section is California law. If your case is in another state, ask your defense lawyer what your release terms say.

Maybe not. If you were released on your own promise to come back (called "own recognizance"), California law says you promised not to leave the state without the court's permission. If you were released another way, or you are on probation, ask your defense lawyer what your terms say about travel before you plan anything.

Missing a court date because you are stuck outside the country can make your criminal case much worse.

What should I do before any trip?

1. Tell your defense lawyer you have a green card. California law says your defense lawyer must give you accurate advice about the immigration effects of a plea. Ask them to check with an immigration expert. See Before you take a plea deal.
2. See an immigration lawyer. Bring the complaint, any police report you have and your court dates.
3. Ask, "Is my charge on the list that matters at the border?" Crimes involving moral turpitude and drug offenses are the main ones. There are narrow exceptions. Only a lawyer can tell you if one fits.
4. Ask, "What happens if I wait until my case is over?" Sometimes waiting is safer. Sometimes a different outcome in your criminal case changes everything.
5. Get permission from the criminal court if your release terms require it.
6. Plan for emergencies. If someone you love is sick abroad, ask your lawyer about safer options, like a video call, or another family member making the trip.

What if I am already outside the U.S.?

Call an immigration lawyer before you fly back. Carry copies of your court papers and your lawyer's contact information.

At the border:

• Stay calm and polite. Tell the truth.
• Form I-407 is the form for giving up your green card on purpose. It is voluntary. Don't sign anything you do not understand. Ask to speak with your lawyer.
• If you are given papers, keep them. Write down the date, the place and the officer's name if you can.

If you are detained, your family can use How to find a family member detained by ICE.

Is there a checklist I can print?

Yes. Go through it with your lawyer before you buy a ticket.

Who can help?

You don't have to make this choice alone. These are free or low cost public offices and nonprofits. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the U.S.: the DOJ list of pro bono legal service providers or ImmigrationLawHelp.org. For criminal defense, ask the court in your case for a public defender.

For San Mateo and Santa Clara county residents:

• San Mateo County Private Defender Program: free criminal defense for people who qualify, appointed by the court. (650) 298-4000
• Santa Clara County Public Defender: (408) 299-7700. 120 West Mission Street, San Jose
• Community Legal Services in East Palo Alto: immigration help for low income residents of San Mateo and Santa Clara counties. 650-326-6440

Anywhere in California:

• California Department of Social Services: the state's map of free immigration legal services, or call (916) 651-8017
• More options: Free legal help in the Bay Area

Only an attorney or a DOJ accredited representative may give you immigration legal advice. See Warning signs of an immigration scam.

Waiting is hard when someone you love is far away. A careful choice now protects the home you have built here.