Each day in the news there are reports of individuals being denied reentry into the U.S. We anticipate that the official rules concerning travel and visa issuance will be evolving, so it is important to keep an eye out for the latest news developments. In the meantime, until there is more certainty, the practical questions people are asking are whether they can travel, whether they should travel, and if they travel how best to prepare themselves.
Our recommendation is that you should avoid unnecessary international travel until there is more certainty about the rules concerning travel and reentry into the U.S. That said, we recognize that there may be compelling reasons to engage in international travel; what follows is for educational purposes only. We do recommend that you seek legal advice to determine what you should do under your circumstances.
Each time an individual enters the U.S., it is an application for admission. The officers at the border, regardless of land or air, have the right to review one’s documents and qualifications for admission into the U.S. In addition to compliance with immigration laws, officers will review each application for admission with an eye towards national security, foreign policy concerns, or national interest.
What if I am a nonimmigrant visa holder?
It is important to note that each visa type has a specific purpose. It is important to be aware of the purpose for which your visa was obtained and to demonstrate that you are entering the U.S. for that same purpose. Variances from the purpose could raise questions of whether you should be admitted into the U.S. For example, F-1 students are to enter the U.S. to attend a specific academic program at a specific school. F-1 students are not allowed to work in the U.S., except for those with Optional Practical Training (OPT) or STEM OPT. H-1B visa holders are allowed to enter the U.S. to work for a specific employer, at a specific location, in a specific position. If there are variances, it is best to have proper documentation before traveling.
It is also very important to ensure that all necessary documentation, such as your visa, passport, and supporting documentation, are valid and in order. If you have the original of approval notices, while not necessary, please bring these to minimize questioning upon entry into the U.S. Any discrepancies or expired documents may lead to delays or denial of re-entry.
The government may refuse one’s reentry into the U.S. due to previous criminal issues, health-related grounds, immigration violations, fraud and misrepresentation, political or social media activity, or any other reasons deemed against the national security, foreign policy, or national interest of the U.S. Whenever questioned by any official, it is always best to answer truthfully.
Once you are in the U.S., you should also always carry a copy of your Form I-94 with you. While it is electronically available, the government has imposed a new rule requiring you to carry a copy with you. (Form I-94s are downloadable after your reentry. https://i94.cbp.dhs.gov/home)
What if I am a legal permanent resident (green card holder)?
If you are a legal permanent resident (LPR), be aware that leaving the U.S. for an extended period may raise concerns about maintaining your permanent residency status. Extended stays outside the U.S. could trigger questions regarding your intent to abandon U.S. residency. Note that even LPRs can be deemed deportable if there are previous criminal convictions, immigration violations, national security grounds, among others. Whenever questioned by any official, it is always best to answer truthfully.
Always carry your green card with you; this is the law.
What if I am a U.S. Citizen?
To date, there have not been reports of U.S. Citizens being refused reentry to the U.S. Similar to individuals of other immigration statuses, however, we believe that the government will continue to be concerned with questionable activity that raises national security, foreign policy, or national interest concerns. If there are such concerns in your history, we do recommend that you contact legal counsel for further guidance.
Is there different advice regarding traveling domestically?
Unlike international travel, domestic travel does not trigger immigration laws. Immigration laws, however, do require individuals to carry with them their documentation such as a green card for permanent residents and Form I-94 for nonimmigrant visa holders.
Can my phone or electronic devices be searched?
It is a longstanding practice that the government can search any telephone or electronic device on a traveler, including checked luggage. The government may ask you to turn on the device for their review. In rare instances, the government may also connect one’s devices to other devices for a deeper dive.
Are there further recommendations?
- Regularly check the U.S. Department of State website for updates on travel restrictions and visa policies.
- If possible, avoid unnecessary travel outside the U.S. until you are fully informed of the current entry policies.
- Also, whether you are a nonimmigrant or LPR, please update your home address with USCIS within 10 days of any move.
The above has been provided for educational purposes. Please contact your Clark Lau LLC attorney for advice regarding your specific circumstances.