As a result of the Supreme Court's June 23, 2026 decision in Blanche v. Lau, lawful permanent residents (green card holders) with pending criminal matters should be alert to a potential issue when returning to the United States after international travel.
The decision has increased the risk that a returning lawful permanent resident may be treated as seeking a new admission to the United States at the border based on the existence of a qualifying criminal charge, even before there has been a conviction or formal admission of guilt. As a result, a returning green card holder may no longer be entitled to the same treatment typically afforded to lawful permanent residents reentering the country.
In some cases, U.S. Customs and Border Protection (CBP) may parole a green card holder into the United States rather than admitting them as a returning lawful permanent resident. While parole does not automatically take away a person’s green card, it can place the individual in a more vulnerable legal position.
A green card holder who is paroled into the country may face removal proceedings and be required to defend against claims that they are inadmissible to the United States. These cases can be more difficult to fight than traditional deportation cases and may increase the risk of detention or removal. For this reason, lawful permanent residents with pending criminal matters should carefully assess the potential immigration consequences before traveling abroad.
Key Risks
Certain pending criminal charges may cause CBP to treat a returning green card holder as an applicant for admission rather than as a returning permanent resident. This may include crimes involving moral turpitude such as fraud, theft, shoplifting, forgery, identity-related offenses, or aggravated assaultive conduct, as well as controlled substance offenses. At present, DUI-related pending matters are not specifically listed but should still be monitored before travel, especially if there are aggravating factors, controlled-substance issues, injury, repeat offenses, or related criminal conduct.
The risk may exist even if:
- The criminal case is still pending.
- There has been no conviction.
- The client has not admitted the conduct.
- The charge may ultimately be reduced, dismissed, or resolved favorably.
- The client previously traveled without incident.
A returning green card holder may face additional questioning at the border, be paroled into the United States, or be placed into immigration proceedings.
Recommended Next Steps for Individuals and Employers
For individuals
Lawful permanent residents with any pending criminal matter should consult immigration counsel before making international travel plans. Travel should not be assumed to be safe simply because the individual has not been convicted or because the criminal matter remains unresolved.
Before traveling, green card holders should seek legal advice to assess:
- Whether the pending charge may fall within a criminal inadmissibility ground.
- Whether the alleged offense may be considered a crime involving moral turpitude.
- Whether any DUI-related charge includes aggravating factors or related issues that may create immigration risk.
- Whether travel could result in detention or treatment as an arriving applicant for admission.
- How a plea, conviction, dismissal, or amendment of the charge may affect immigration status.
- Whether any waivers, defenses, or alternative criminal dispositions should be pursued before travel.
For employers
Employers with foreign national employees should be aware that pending criminal matters may affect an employee’s ability to return to the United States after business or personal travel. Employers should encourage affected employees to seek immigration advice before making international travel plans and should consider potential business continuity issues if travel may be required.
Bottom Line
Lawful permanent residents with pending criminal charges should carefully assess immigration risks before international travel and should seek individualized immigration advice. Following Blanche v. Lau, even an unresolved charge can create serious consequences at the border and may affect whether an individual is treated as a returning resident or, despite already being a green card holder, as someone seeking a new admission to the United States.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
You can subscribe to future advisories and other Alston & Bird publications by completing our publications subscription form.