Introduction
Green card holders or lawful permanent residents (LPRs) have the right to live permanently in the U.S., provided they do not commit any actions that make them removable under immigration law, such as breaking laws or not filing taxes. In 2025, protecting one’s green card is more daunting than ever before. Non-U.S. citizens face scrutiny from all directions along their immigration journey. The guide below will assist foreign nationals in their current and future immigration challenges in this area. Topics discussed include green card holders’ responsibilities and their top legal risks in 2025, updates in immigration application and processing trends, leveraging citizenship as a protective shield, and navigating clickbait headlines.Responsibilities of a Green Card Holder
As we have discussed in previous posts, green card holders must continuously show the U.S. government that they are and intend to be permanent residents. LPR travelers run into trouble when they tend to use their green cards more like visitor visas, spending much of their time outside the United States and only returning to the U.S. when necessary. In such cases, Customs and Border Protection (CBP) may question an LPR’s intent to maintain U.S. residency and, if abandonment is suspected, refer the case to an immigration judge for a determination of loss of LPR status under INA § 101(a)(13)(C). Practitioners recommend that LPRs take personal responsibility for tracking their own travel, meaning they should keep a record of their entry into and exits from the U.S. Plane tickets and I-94 cards issued by CBP can help with this tracking.If planning to be outside the U.S. for more than one year, green card holders should apply for a reentry permit (Form I-131) before departure. This permit, valid for up to two years, demonstrates intent to maintain LPR status and prevents reentry issues. The reentry permit (Form I-131) must be filed while physically present in the U.S., and USCIS must receive the application before departure, even if adjudication occurs post-departure (8 CFR § 223.2(b)).
If a green card is based on marriage and the petitioner and beneficiary have been married less than two years at the time the beneficiary adjusted status, the beneficiary is a “conditional” permanent resident and must file a Form I-751 to remove conditions before the two-year anniversary of receiving conditional residency.
In general, green cards are valid for ten years before they must be renewed. LPRs must ensure their green card and passports have a sufficient validity period left on them before they embark on travel outside the U.S. Resolving issues associated with an expired green card or passport from abroad can be tricky, time-consuming, and expensive. It is essential that an LPR with an expired green card carry the U.S. Citizenship and Immigration Service (USCIS) receipt notice (Form I-797) indicating a pending renewal application, which extends the green card’s validity for 24 months.
Top Legal Risks for Green Card Holders in 2025
Heightened enforcement is the hallmark of 2025 immigration policies, and at the top of the risk list for green card holders. Authorized non-U.S. citizen travelers, specifically green card and visa holders, keenly understand that they can be denied entry into the United States. CBP officers have heightened authority to question LPRs, especially those with prior criminal records, even if previously admitted without issues. As CBP officers have increased latitude to question green card holders, travelers who have a criminal record but have had no issues in their past U.S. entries may now face an increased risk of being denied entry.DHS, including USCIS, may initiate proceedings to revoke LPR status for fraud or ineligibility at the time of adjustment, subject to notice and a hearing before an immigration judge (INA § 246, 8 CFR § 246.1). While a debate on revocation of LPR status exists and continues, the point remains that the U.S. offers few guarantees to LPRs deemed a threat to national interests.
Regarding “national interests,” Executive Order 14161: “Protecting the American People Against Invasion,” mandates stricter security screening for immigration benefits and increased hiring of CBP and Immigration and Customs Enforcement (ICE) officers. More DHS officers increase the government’s ability to specifically look for information about non-citizens to determine if they may pose a threat to the U.S. and its “way of life.”
As part of this effort, DHS, including USCIS, screens social media for security risks, including ideological content, under EO 14161, which may impact immigration benefit adjudications or reentry. This issue is particularly volatile as DHS officers lacking a full contextual understanding may use years’ old information or even misinterpret irony, sarcasm, or satire in social media activity.
Application and Processing Trends in 2025
For years, the Department of State has utilized social media as part of their visa applicant review process, while USCIS has not historically done so. Now, in alignment with Executive Order 14161, agencies such as USCIS may use social media to verify identities, prevent fraud, and assess potential risks at the immigration benefit adjudication stage. By checking social media, USCIS may compare applicant statements made in the past with those made in a current petition or application, and in so doing, may gain important background information or uncover inconsistencies.Applicants may be required to provide social media handles for identity verification and security screening purposes on forms like DS-5535 or as requested by USCIS. In addition, due to increased scrutiny, it is best to prepare for longer processing times and increased denial rates. Processing times may increase if naturalization application volumes rise, as LPRs seek enhanced protections amid stricter enforcement (INA § 316).
Why Citizenship Is the Best Shield
As mentioned, LPRs may increasingly choose naturalization as a safety measure to shield themselves from many of the increased immigration enforcement tactics. As a U.S. citizen, you cannot be denied entry into the U.S., even if you have committed crimes, express provocative views, hold controversial political and social affiliations, or refuse to give CBP access to your passwords and pins to open electronic devices.Additionally, citizens need not abide by any residency requirements, meaning they can travel abroad without the risk of being deemed to have abandoned their U.S. residence. U.S. citizens cannot be deported, providing a layer of security not available to LPRs, except in rare cases of denaturalization under INA § 340. Citizens are not subject to increased federal prosecutions for immigration-related offenses and need not worry about the deputization of local law enforcement to enforce federal immigration laws. Citizenship may also provide access to certain government jobs and benefits not available to LPRs.
Immigration Headlines Explained
It is essential for any green card holder to stay up-to-date and informed about immigration changes, but clickbait titles and news headlines often offer more fear than facts. Here we break down a few of the most common headlines that confuse and scare LPRs.Many headlines related to the federal government’s use of social media concern the issues previously discussed in this article. Trends indicate increased use of social media to “vet” immigrants for ideological reasons, as well as to detect inconsistencies and fraud. Regarding headlines informing the public that immigration uses social media information, it bears mentioning that green card holders are not required to hand in, open, or unlock their electronics or answer questions about them. However, refusing to do so will likely result in delays to entering the U.S.
Headline titles like “Green Cards Canceled for Long Travel,” are really more about how extended absences from the U.S. can raise questions about residency intent, but with proper documentation and reentry permits, LPRs can mitigate such risks. We’ve discussed this topic extensively before in articles such as “Green Card Holder Travel Risks and Safety in 2025″ and “Green Card vs. Citizenship: Why Naturalize?.” In short, the requirements of LPR status have not changed, and those who use their green card to live in the U.S. permanently are not suddenly at greater risk because of extended travel but merely must be prepared to explain their absences and document their permanent residency.
Other headlines discuss how USCIS uses artificial intelligence (AI) to deny applications. While USCIS employs AI to enhance processing efficiency and detect fraud, decisions are still reviewed by human officers. A few examples of how USCIS uses or intends to use AI include: (1) facial recognition support when photographs are distorted; (2) researching the legitimacy, exploitation risk, and potential fraud associated with companies that sponsor workers or employ foreign nationals without proper work authorization; (3) for language interpretation and translation; and (4) detecting people with multiple identities. While some of this AI usage may indeed lead to denials, such denials would likely still have occurred but would have taken longer to investigate if AI had not been used.
Some headlines relate to the Internal Revenue Service (IRS) or other governmental agencies flagging green card holders living abroad. While this may sound scary, it is not a departure from what the IRS normally does to reach taxpayers. The U.S. requires green card holders to pay taxes, whether they live in the U.S. or abroad. LPRs are required to file U.S. taxes on worldwide income, regardless of residence. The IRS’s enforcement of tax obligations is consistent with longstanding policies. The IRS’s use of its resources to “flag” green card holders living abroad is concerning if an LPR is in fact living abroad, and not in the U.S. as their U.S. permanent residence status intends. Importantly, however, is that if an LPR is not living permanently in the U.S. as their status requires, their travel patterns and time spent outside of the U.S. will be scrutinized regardless of the IRS’s ability to flag them.
Conclusion
In today’s climate of increased immigration enforcement, protecting one’s green card is more important than ever. Misconstrued intent, subjective perceptions, and the additional scrutiny of applications, past and present behavior, and travel patterns all contribute to a looming sense of anxiety for foreign nationals. Sensationalized journalism and social media often add to fear by presenting information that lacks a factual explanation or a nuanced understanding of immigration law. We encourage foreign nationals to seek information from trusted sources and, if problems arise, seek assistance from an immigration professional.
