Travel Hints Before Spring Vacations
By: Patricia Gannon , Esq. and Marcela Bermudez , Esq.
Generally, all employers have a general concern about potential changes to immigration rules and evolving enforcement priorities that are and may already be underway.
Most employers and academic institutions encourage students and other foreign nationals, whether on temporary visas or U.S. permanent residents (green card holders), to consider postponing or delaying international travel, whether personal, academic, or professional. The hope is that things may eventually be less unpredictable. Whether travel plans are imminent or farther off, it is important to bear in mind that changes in visa processing, reentry requirements, and country-specific restrictions can be implemented quickly and without ample warning for travelers.
Most individuals who are authorized to enter the United States are being inspected and admitted without issue. However, there have been numerous instances of individuals being detained and/or summarily removed (deported) from the United States.
To reduce unnecessary risks or delays in your admission to the USA, please note the following:
Bring with you your documentation of your eligibility to enter the US, which varies depending on your class of admission.
F-1 and J-1 students and scholars
Ensure that your most recent I-20 or DS-2019 has a timely endorsement for travel.
Carry current proof of enrollment, such as a current transcript or a letter from the University.
If currently working on CPT or OPT, carry proof of employment, such as two recent pay statements or a recently signed employment confirmation letter from your employer.
Employment-based visa holders
Carry your original Form I-797 or I-129S form, if applicable.
Carry proof of employment, recent pay statements or a recently signed employment confirmation letter from your employer.
Travelers with parole
Carry proof of the underlying validity of your advance parole. Applicants for Adjustment of Status should also carry a copy of their Form I-485 receipt notice.
Visitors
Have proof of return transportation to your country of residence or another country outside the US.
Carry an itinerary and proof of lodging.
Individuals traveling for business should have an invitation letter from a US individual or entity and an employment confirmation letter from their foreign employer, if applicable.
Ensure that there are no compliance issues:
If you have moved, ensure that you have changed your address with USCIS, and carry electronic proof that you have submitted a Change of Address to USCIS.
Ensure that you have complied with the Alien Registration requirement.
Be prepared for a search of your electronic devices.
Customs Border Protection has the authority to search an individual’s mobile phone, computer, camera, or other electronic devices while being inspected for admission to the US. CBP’s use of these searches is based on the stated goal “to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations, and visa fraud.”
Travelers should restrict access to any sensitive company data if that is accessible on their phone or computer.
Be aware that USCIS can seize your electronic device(s), and for individuals entering with temporary status, CBP can refuse your admission to the US if you refuse to comply with a search. Lawful permanent residents can still be admitted to the US if they refuse to provide access to their electronic devices, however, permanent residents can be placed into immigration proceedings before an immigration judge if they do not comply.
Please reach out to your Greenspoon Marder LLP Immigration & Naturalization Practice Group for any further questions or concerns.
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