A new Supreme Court decision is a serious warning for green card holders who have any criminal history, pending criminal case, arrest, or old conviction. This Supreme Court ruling has changed the green card travel rules that many permanent residents have relied on for years.

If you are traveling, you must understand the green card travel rules, especially when legal issues are involved. The case is Blanche v. Muk Choi Lau, decided June 23, 2026. The Court held that CBP does not need clear and convincing evidence at the border before treating a returning green card holder as seeking admission if the government believes the person committed certain crimes, including a crime involving moral turpitude. In other words, you lose your privileges as a green card holder when returning to the U.S. with criminal issues — even if it is an open criminal case that you have not been convicted in yet.

Can Green Card Holders Travel Outside the U.S. With a Criminal Record?

Many green card holders believe that because they are lawful permanent residents, they can travel internationally and return to the United States without problems. Usually, that is true. But there are important exceptions.

If a green card holder has certain criminal issues, immigration officers at the airport or border may question them, delay them, send them to secondary inspection, parole them into the United States instead of formally admitting them, detain them, or place them in removal proceedings. This can happen even if the criminal case is old, dismissed, pending, or misunderstood.

Understanding the current green card travel rules before booking any international trip has never been more important.

What the Supreme Court Ruling Actually Decided

The Court sided with the Trump administration in a case involving Muk Choi Lau, a lawful permanent resident charged in New Jersey with trademark counterfeiting. While the criminal charge was still pending, he traveled outside the United States and returned through JFK Airport. Instead of treating him as a returning permanent resident, immigration officers treated him as an applicant for admission and placed him on immigration parole. After he later pleaded guilty, the government tried to remove him as inadmissible. The Supreme Court ruled that border officers did not need clear and convincing evidence at the airport before treating him as someone seeking admission.

The decision effectively rewrites the green card travel rules for anyone with a pending or past criminal matter.

What Criminal Issues Can Create Problems at the Border?

Immigration law treats criminal cases very differently from regular criminal law. Something that seems minor in criminal court may be very serious in immigration court. Green card holders should speak with an immigration lawyer before traveling if they have ever had:

An arrest or pending criminal case
A guilty plea, conviction, or dismissed case
A sealed or expunged criminal case
A theft, fraud, shoplifting, or counterfeiting charge
A drug, domestic violence, assault, or weapons case
A DUI/DWI with serious facts
Any case involving dishonesty, violence, or moral turpitude

Even if a criminal defense lawyer told you the case was no big deal, immigration may see it very differently.

Can I Travel Outside the U.S. With a Green Card and a Pending Criminal Case?

If you have criminal issues and do not yet have U.S. citizenship, the safest route is not to travel outside the U.S. at all right now. Once you leave the United States, you may be creating a new opportunity for the government to question whether you should be allowed back in. This is especially true if your case is still pending, you are on probation, your case involved drugs, violence, or fraud, or you have multiple arrests.

Green Card Holders Are Not U.S. Citizens

This ruling is a reminder that permanent residence can still be challenged by the government. Criminal issues, immigration fraud, abandonment of residence, and long trips abroad can all put a green card at risk. U.S. citizens generally do not face the same reentry risks. This is why eligible green card holders should seriously consider applying for citizenship — but only after speaking with an immigration lawyer who can review their criminal and immigration history first.

What to Do Before You Travel

If you have a green card and any criminal history, take these steps before booking a trip:

Review your criminal history — do not assume a dismissed or old case does not matter
Get certified court dispositions for every arrest or criminal case
Speak with an immigration lawyer before buying plane tickets
Do not rely only on a criminal defense attorney — the two areas of law are very different
If stopped at the airport or in secondary inspection, do not sign anything you do not understand

Shepelsky Law Group Can Help Before You Travel

At Shepelsky Law Group, our immigration lawyers help green card holders understand whether international travel is safe. We can review your criminal history, explain whether your conviction may create immigration problems, and advise whether you should travel or stay in the United States.

If you have a green card and any criminal history, do not guess. Our attorneys stay current on green card travel rules so you don’t have to navigate them alone. Call Shepelsky Law Group at (718) 769-6352 before leaving the United States. One trip abroad can trigger serious immigration problems.