H-1B Visa
Foreign nationals residing in the United States on green cards, H-1B work visas, and F-1 student visas face increased scrutiny when travelling internationally, according to immigration experts.
Heightened enforcement measures by multiple government agencies have led to warnings of potential delays, extensive questioning, and rigorous document checks upon re-entry to the US. These stricter border controls follow a shifting political perspective on immigration, exemplified by recent statements from US Vice President JD Vance questioning the assumption of indefinite residency rights for permanent residents. The current environment reflects a broader tightening of immigration enforcement across the board.
Immigration attorneys are advising travellers to meticulously prepare before departing the US. Critical documentation includes a valid passport, unexpired visas, and green cards. Lawful permanent residents planning extended stays abroad should obtain a US Re-Entry Permit, particularly if the absence is expected to last longer than one year but less than two. Supplementing these documents with employment verification letters, financial records such as W-2 tax forms, recent pay stubs, and academic certifications for students can further solidify a traveller's case for continued residency.
Proof of active ties to the US, such as bank accounts or state-issued driver's licenses, can also be beneficial. Returning to the US after an extended absence, defined as exceeding six months, carries significant risks. Immigration law specialists caution that prolonged stays abroad can be interpreted as abandonment of residency, potentially leading to the loss of lawful permanent resident status.
Jaclyn Kelley-Widmer, an immigration law professor at Cornell Law School, emphasizes that while green card holders are afforded legal protections, those rights are not absolute. Deportation can occur for specific violations, including criminal offences, failure to report address changes to USCIS, or entering into fraudulent marriages. LaToya McBean Pompy, a New York-based immigration attorney, further advises green card holders to avoid international travel while deportation proceedings are underway and to exercise extreme caution before signing any official documents at airports without fully understanding the implications.
US Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), and Customs and Border Protection (CBP) are all involved in the intensified scrutiny of travellers. As immigration policies evolve, foreign nationals are urged to remain vigilant and informed about their rights and responsibilities to ensure compliance and protect their residency status in the United States.