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. 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, legally – you lose your privileges of being a green card holder when returning to the US with criminal issues, even if it’s an open criminal case that you have not been CONVICTED in yet.

The Court sided with the Trump administration in a case involving a lawful permanent resident, also known as a green card holder, who was stopped after returning to the United States from a short trip abroad.

The case involved Muk Choi Lau, a green card holder who had been 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 in New York. Instead of treating him as a returning permanent resident automatically admitted back into the country, immigration officers treated him as an applicant for admission and placed him on immigration parole while his criminal case continued.

After he later pleaded guilty, the government tried to remove him from the United States as inadmissible.

The Supreme Court ruled that border officers did not need clear and convincing evidence at the airport that he committed the crime before treating him as someone seeking admission.

For immigrants, this ruling is important because it shows that a green card does not always guarantee a smooth return to the United States after international travel.

What Does This Mean for Green Card Holders?

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. It can also happen if the person believes the criminal case was minor.

The problem is that immigration law treats criminal cases very differently from regular criminal law. Something that seems small in criminal court may be very serious in immigration court.

What Types of Criminal Issues Can Create Problems?

Green card holders should speak with an immigration lawyer before traveling if they have ever had:

An arrest.
A pending criminal case.
A guilty plea.
A conviction.
A dismissed criminal case.
A sealed or expunged criminal case.
A theft charge.
A fraud charge.
A shoplifting charge.
A counterfeiting charge.
A drug charge.
A domestic violence case.
An assault case.
A weapons case.
A prostitution-related case.
A DUI/DWI with other serious facts.
A violation of an order of protection.
Any case involving dishonesty, violence, drugs, or moral turpitude.

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

Why This Ruling Matters

This Supreme Court decision gives immigration officers more power at the border when a green card holder returns to the United States after travel.

The key issue is whether the government can treat a returning green card holder as someone seeking admission because of alleged criminal conduct. If that happens, the green card holder may face a more difficult immigration standard and may be charged as inadmissible.

That is a very serious problem.

Being treated as inadmissible can create major consequences, including detention, removal proceedings, and possible loss of permanent resident status.

This ruling is especially concerning because many green card holders travel without realizing that old criminal issues can come back at the airport.

Do Not Travel Outside the U.S. If You Have a Criminal Case Without Legal Advice

Actually, if you have criminal issues and do not yet have US citizenships- the safest route is not to travel outside the U.S. at all right now.

If you are a green card holder and you have ever been arrested, charged, convicted, or accused of a crime, you should not leave the United States before speaking with an experienced immigration lawyer.

This is especially true if:

Your criminal case is still pending.
You are on probation.
You recently pleaded guilty.
You have not yet received a certified disposition.
You do not understand what exact charge you pleaded guilty to.
Your case involved theft, fraud, drugs, violence, domestic violence, or weapons.
You have multiple arrests.
You were outside the United States for a long time.
You already had problems entering the United States before.

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.

Green Card Holders Are Still Not U.S. Citizens

This case is also a reminder that green card holders are not U.S. citizens.

A lawful permanent resident has many rights, but permanent residence can still be challenged by the government in certain situations. Criminal issues, immigration fraud, abandonment of residence, long trips abroad, and other problems can put a green card at risk.

U.S. citizens generally do not face the same risk of being denied reentry after international travel.

This is why eligible green card holders should seriously consider applying for U.S. citizenship if they qualify and if their case is safe to file.

But before applying for citizenship, green card holders with criminal history should also speak with an immigration lawyer. USCIS reviews the entire immigration and criminal history during naturalization.

What Should Green Card Holders Do Now?

If you have a green card, take these steps before international travel:

First, review your criminal history. Do not assume that a dismissed, sealed, or old case does not matter.
Second, get certified court dispositions for every arrest or criminal case.
Third, speak with an immigration lawyer before you buy plane tickets.
Fourth, do not rely only on advice from a criminal defense attorney. Criminal law and immigration law are different.
Fifth, if you are eligible for citizenship, ask an immigration lawyer whether now is the right time to apply.
Sixth, if you are stopped at the airport or placed in secondary inspection, do not sign anything you do not understand.

Common Mistake: I Have a Green Card, So I Am Safe

This is one of the biggest mistakes immigrants make.

A green card is very powerful, but it is not absolute protection. Immigration officers can still review your record when you return from travel. They can ask questions about arrests, convictions, travel history, immigration fraud, and whether you abandoned your residence in the United States.

If they believe a legal problem exists, they may place you into removal proceedings.

That is why travel planning is not just about buying a ticket. For immigrants with any criminal or immigration history, travel planning must include legal review.

Shepelsky Law Group Can Help Green Card Holders Before Travel

At Shepelsky Law Group, our immigration lawyers help green card holders understand whether international travel is safe.

We can help you:

Review your criminal history.
Review certified court dispositions.
Explain whether your conviction may create immigration problems.
Check if you may be stopped at the airport.
Advise whether you should travel or stay in the United States.
Help green card holders in removal proceedings.
Help eligible lawful permanent residents apply for citizenship.
Prepare a legal strategy before problems happen.

If you have a green card and any criminal history, do not guess. Do not travel first and ask questions later.

Contact Shepelsky Law Group Today

If you are a green card holder with an arrest, conviction, pending case, or old criminal issue, call Shepelsky Law Group at Tel: (718)769-6352 before leaving the United States.

One trip abroad can trigger serious immigration problems.

Speak with an experienced immigration lawyer today and protect your green card before you travel.