Blanche v. Lau · ¶48

Start with the text of the statute. The Immigration and Nationality Act (INA) plainly provides a default rule regarding the Government’s admission of an LPR returning home from travels abroad. Unlike other noncitizens, an LPR “shall not be regarded as seeking an admission into the United States.” §1101(a)(13)(C) (emphasis added). This is a clear directive. In practical terms, it means that a border officer “shall not” require an LPR to (re)prove that he satisfies the standard admission criteria upon his return to the United States.

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