Recent media coverage has sparked concerns about international travelers entering the US, including the possibility of delays or denials at the US border, especially for travelers with ties to certain countries or political issues. While headlines may amplify isolated incidents, it is important to understand what the actual risks are, and are not, for different categories of travelers. The looming threat of a travel ban being instituted for nationals of certain countries by the Trump administration may also impact some foreign nationals, even if they have valid visas, potentially preventing them from re-entering the country should the ban be imposed while they are outside of the US. In an effort to provide clarity and help travelers make informed decisions before planning a trip abroad, we are providing a brief guide in an effort to minimize concerns and flag any potential areas of concern.
Visitors (ESTA or B1/B2 visa holders)
Those entering the United States as visitors, whether through the Visa Waiver Program (“ESTA”) or a B1/B2 visa, remain subject to the discretion of US Customs and Border Protection (“CBP”) at the port of entry. CBP Officers may ask about the purpose of the visit, length of stay, ties to home country, and whether the traveler intends to work or overstay. Most individuals who are transparent and consistent in their answers, who have not previously overstayed or violated terms of entry, and who have never been arrested, should be admitted to the US without any problems.
However, if your name appears on a watchlist, if your social media includes politically charged material, or if you recently traveled to countries considered high-risk under US law, you may face additional screening. In this case it is wise to prepare accordingly and ensure you travel with a round-trip ticket and evidence of your ties to your home country.
Visa Holders (e.g., F-1, H-1B, O-1, L-1, E-2)
Those who hold valid nonimmigrant visas and maintain ongoing status in the US are generally able to travel freely. Still, every re-entry to the US is a fresh inspection. Visa holders should travel with evidence of their current status, including visa stamps, petition approval notices, recent pay stubs, or school enrollment documents, to avoid any misunderstanding at the border. Foreign nationals who have changed employers or made significant changes in their visa circumstances should ensure that their documents reflect these changes. In light of heightened scrutiny at the border (and indeed at the US Embassy when applying for the visa) including some custom officers asking travelers to provide their laptop passwords or unlock their mobile phones when they are entering the country, those with social media accounts that comment on US foreign policy, government matters, or current conflicts should consider whether their content may trigger additional questioning. Nonetheless, thousands of visa holders re-enter the US daily without issue, and possessing a valid visa that entitles you to lawful status, remains your strongest protection.
Green Card Holders (Lawful Permanent Residents)
Green card holders have a right to re-enter the United States, but that right can be questioned if there are signs that they have abandoned their residency (e.g., long absences, no local US address, lack of filing US tax returns) or if there is a history of criminal activity or security concerns. Travel of less than six months, or 180 days, does not raise any red flags. However, if you plan to remain outside the US for longer than a year, a re-entry permit is required.
Current concerns over global instability do not change the basic rules, but it is advisable to ensure that a Green Card holder’s travel history, ties to the US, and documentation all support their intent to reside permanently in the US. As a lawful permanent resident of the US, ongoing ties to the US should be maintained; these may include any property ownership, full-time employment in the US, an ongoing lease for a house or an apartment, US bank accounts, US driver’s license, US tax returns, any family or community ties, etc. Having these sorts of ties help preserve a Green Card holder’s permanent residency if it is ever brought into question. As a green card holder who has maintained their status, you only have to answer questions establishing your identity and permanent residency. Your refusal to answer other questions may lead to delay but you may not be denied entry into the United States because you chose not to answer the other questions.
United States Citizens
Citizens of the US, whether natural-born or naturalized, have an unequivocal right to return to the United States. Nevertheless, that doesn’t mean they are immune to secondary screenings. US citizens may still be referred for additional questioning if their name matches a watchlist, if there are security concerns, or if they have visited countries deemed sensitive. Importantly, citizenship cannot be revoked at the border, and no citizen should be denied re-entry. While citizens may be asked to provide information about their trip or even their devices, these cases remain rare and are not the norm.
Conclusion
The vast majority of travelers continue to enter the US without incident. Where we have seen issues arise, they tend to be individual and fact-specific rather than signs of sweeping policy changes. We see and hear dramatic stories daily, but these do not reflect the experience of most travelers. Still, it’s always good practice to travel with the documentation and awareness appropriate to your status.
Travel can and should remain possible, even during uncertain times. The key is preparation, transparency, and understanding how the rules apply to your specific situation. If someone has have a complex history, an open application, or concerns about how their background may be perceived, they should speak with a qualified immigration attorney. We are always here to help.