Q#1: Does my immigration status during the Trump Administration make me a heightened priority when returning from international travel?
A#1: EVERYONE entering the US from abroad can be subject to heightened screening, regardless of immigration status. But, depending on your particular immigration status, your risks of having issues when presenting yourself to the CBP Officer at the border are different. The questions and expectations change depending on whether you are a US Citizen, a Green Card holder, Temporary Status holder, or are presenting a non-immigrant student, tourist or worker visa.
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. 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, during Trump’s first administration, the cancellation of DACA Advance Parole resulted in many applicants being stuck outside the United States when Trump unexpectedly 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 any doubts by the CBP Officer will likely result in entry being denied.
Q#6: What precautions should I take when traveling to the US if I am not a US Citizen?
A#6: Given the current immigration climate, if you are already inside the US then you should determine if international travel is actually required. If it is required then you should be prepared for your re-entry to the US and the heightened scrutiny you will likely encounter. Also, if you are not a US Citizen then it is highly recommended that you consult with an immigration attorney before traveling, especially if you have past legal issues or immigration concerns.
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.
To read this blog in Spanish, click here.
