Permanent residence does not eliminate all immigration risks when traveling outside the United States. Following the Supreme Court’s decision in Blanche v. Lau, returning permanent residents may face increased scrutiny at the port of entry if they have a criminal record, even when the case is closed, has been dismissed, did not result in a conviction, or appears to have no consequences.
This is especially important when there is any arrest, charge, indictment, criminal disposition, plea, probation, withheld adjudication, sealed case, expunged record, nolle prosequi, or old record. Even though the matter may seem resolved to the individual, immigration may evaluate it differently.
Before leaving the United States, any permanent resident with any prior contact with the criminal justice system must consult with an immigration attorney. A preventive review can help identify risks, prepare documents, and avoid serious problems upon return.
Every case is different. Do not travel without legal guidance if you have ever had a criminal record, even if you have been told that “it no longer shows up” or that “the case was closed.”