Q#1: Does my immigration status during the Trump Administration make me a heightened priority when returning from international travel or when travelling domestically?
A#1: EVERYONE entering the US from abroad is subject to heightened screening, regardless of immigration status. Also, anyone traveling domestically depending on their immigration status are at a heighten risk of being detained especially if their current immigration status has expired or if they are in a type of status that is under scrutiny, like a pending Asylum or Green Card application that has not yet received the approval. Depending on your particular immigration status, your risks of having issues when presenting yourself to an officer are different. The questions and expectations change depending on whether you are a US Citizen, Legal Permanent Resident, are presenting a non-immigrant visa, or have an application pending.
Q#2: I am a US Citizen. Are there any risks associated with traveling abroad?
A#2: Generally, US Citizens face minimal immigration-related risks when traveling abroad. They cannot be denied entry to the US, but they can be detained upon entry. However, certain factors can create complications such as having outstanding warrants or other unresolved legal matters. This will likely result in detention when trying to re-enter the United States, however this is more focused on criminal issues than immigration status.
Q#3: What are the dangers of traveling as a Legal Permanent Resident?
A#3: While Legal Permanent Residents have every right to travel abroad and return to the US, they should exercise caution. Any extended absence of more than 180 days can be interpreted as an abandonment of residency, which will likely lead to additional questioning by CBP Officers. Recent reinterpretations of the law have made travel for LPRs with pending criminal matters much riskier and if they have a pending criminal matter, they should not travel. LPRs convicted of certain crimes, even minor ones, could be placed in removal proceedings upon their return to the US. An LPR should also ensure that their card and their passport are not expired as that could also result in serious delays.
Q#4: I am a DACA, TPS or Parole recipient. Is it safe for me to travel abroad?
A#4: Typically, people that have these types of status may only travel for pre-approved reasons. This approval needs to be filed long before the anticipated trip and typically is granted only for a specific period of time and for a specific reason. And, even if a person is granted permission to travel in advance, there are still risks. Border agents have discretion to deny re-entry despite valid travel documents. Changes in immigration policies announced while abroad could result in being barred from re-entering the U.S. For example, when Trump became president, during his first and second administrations he cancelled DACA Advance Parole immediately, which resulted in many applicants being stuck outside the United States when Trump cancelled the program.
Q#5: What if I am a non-immigrant visa holder that has a tourist, student, or worker visa and I am entering the US from abroad?
A#5: Non-immigrant visa holders should be mindful of several risks. Every time a non-immigrant visa holder asks for permission to enter the United States, the CBP Officer exercises discretion in determining whether they will let the person enter the US. If entering as a student or worker, you must also be sure to have a valid underlying status and a valid visa to enter. Upon entry, CBP Officers are evaluating whether the traveler still meets the visa’s conditions and is entering the US for the reasons stated. Additionally, the CBP Officer can ask a wide range of questions regarding the person’s background, including their social media activities. Changing immigration policies, travel bans, and increased scrutiny are making entry to the US much more difficult and if a CBP Officer has any doubts, it will likely result in them denying entry to the US. Even domestic travel is subject to heighten scrutiny so a person should be aware of their visa validity, be able to demonstrate program attendance, and have no outstanding criminal issues.
Q#6: What precautions should I take if I have applied for a Green Card based on asylum or marriage to a US Citizen but my application has not yet been approved?
A#6: Given the current administrations interpolation of “pending Green Card Status” if you were in another underlying status like student or tourist and you later applied for your Green Card but don’t have valid underlying status then the Trump administration considers you to be in the US illegally up to the date you receive your Green Card. Therefore if you are waiting for your Green Card to be issued, even if you received a work permit, you should not enter an airport since many recent reports of people being detained were pending Green Card applicants.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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