Is it Safe for Me to Travel? A Travel Advisory FAQ from MMH

When returning to the United States from a trip abroad, it is now the new normal to face delays and increased scrutiny from U.S. Customs and Border Patrol (CBP) officers at airports and land border points of entry. This is the case no matter what immigration status a noncitizen has, whether traveling on the Visa Waiver Program with ESTA, a tourist visa, work visa or even if they are a permanent resident.  

When traveling to the U.S. from abroad, it is essential for foreign nationals to be diligent about having their documents in order. This includes valid passports, visas, and any other pertinent immigration paperwork. Additionally, travelers should account for extra time at airports and border points due to potential increased scrutiny and security checks. Ensuring all documentation is correct and readily available can help mitigate delays and complications during customs inspections.  Additionally, if you have an immigration attorney, please be sure to make them aware of any international travel plans.  

• I have a green card. Is it ok for me to travel internationally?  

If you have no arrest history and are not in removal proceedings, you can generally travel internationally with your valid green card for trips under 180 days. Note that permanent residents can be targeted for certain speech and activity and it is unknown at this time whether the Trump administration will put new travel bans in place. See additional FAQ’s below.  

Even permanent residents can face issues returning to the United States. A permanent resident who is in removal (deportation) proceedings shouldn’t travel internationally at this time. There have been several reports of similarly situated individuals being refused entry to the United States after foreign travel. Removal proceedings means that the Department of Homeland Security (DHS) has opened a deportation case against you and filed a Notice to Appear with the Immigration Court. If you are not sure if you have a removal case, you can check your “A Number” in the Immigration  Court’s Automated Case Information System or by calling 1-800-898-7180. 

A permanent resident with certain arrest history, even if not convicted, should be cautious about traveling internationally. This includes criminal activity while traveling abroad. CBP can detain returning residents with certain criminal history and place them in removal proceedings. Even if you have traveled internationally many times without a problem after an arrest, you should have an immigration attorney evaluate your arrest history before traveling internationally in the future. Your criminal attorney may have told you that your case is closed or that the results of the case won’t affect you, however, U.S. immigration law is applied in a different way to prior criminal cases. Even an expunged case still matters to your immigration status and whether you can lawfully return to the United States.  

State-legalized marijuana use: Even if your state or a state you visited has legalized the use of marijuana, it is still on the Schedule of Controlled Substances under federal law. Marijuana use can trigger deportation proceedings for permanent residents and other visa holders, even if the use was legal under state law.  

Lengthy trips abroad are another risk factor for permanent residents returning to the United States. Keep in mind that if you have traveled abroad for more than 180 days in a single trip, CBP officers can question you when you return to the United States regarding whether you have abandoned your U.S. residence. You could be charged in Immigration Court for removal proceedings after being interviewed by CBP. 

• What are my rights if I am detained by CBP when I am trying to enter the United States?  

When you land at a U.S. airport or approach a U.S. land border point of entry, you don’t have full U.S. constitutional rights during questioning by CBP officers.  

If CBP is unable to admit you to the U.S. quickly, you may be taken to what is called “secondary inspection”. This means you could be detained for several hours while CBP determines whether you should be admitted. Secondary inspection is routine for all travelers with travel documents such as Advance Parole or Form I-512T. You do not have the right to an attorney during this detention, however, you can still ask CBP for permission to contact your lawyer.  

If you are detained or arrested, CBP must advise you of the nearest consulate or embassy of your country of origin. You may request to have your consulate or embassy notified of your detention. Your country’s government has the right to communicate with you to check on your welfare and provide consular assistance. They may contact your family, ensure your legal representation and medical care.  

If CBP officers prepare written statements for you, you have the right to review them in a language you can understand. If you do not agree with what is written in the papers, do not sign them! 

• Do I have the right to remain silent when questioned by CBP when I am trying to enter the United States? 

For visa holders/ESTA holders: You can remain silent, but you most likely will not be admitted to the United States. 

For green card holders: You generally cannot be denied entry to the U.S. solely for remaining silent, however this will result in delay and further inspection. If the questions become overly intrusive, ask to speak to a supervisor. Even if you are charged as removable from the United States, you still have the right to a hearing before an immigration judge. You do not have to give up your green card. You do not have to sign any forms to give up your status. 

• I have a valid visa (H-1B, O-1, TN, R-1, etc.) or a valid ESTA. Is it ok for me to travel to the U.S.? 

Yes, however it is important to expect delays at the airport and increased scrutiny from CBP officers regarding your background, work history, current U.S. employment (if applicable) and intentions in the United States. Arrange for your return flight to the United States to be at your final destination to avoid missing a connecting flight due to delays.  Be prepared with employer letters or documentation on the purpose of your travel.  Even if you have not had issues with entering the U.S. in the past, you can be subject to a full review of your immigration history upon entry.  

On his first day in office, President Trump ordered several members of his cabinet to submit a list of countries from which travel to the U.S. should be suspended. Nearly two months later, a leaked “travel ban” memo was reported to have 43 countries listed for part of a new travel ban to the United States. A ban is not yet in effect at this time, and it is not known whether the ban will apply to individuals with valid visas or U.S. issued travel documents.  

• Can CBP officers search my phone, laptop and other electronic devices when I return to the United States from abroad? 

Yes, and this is true for visa holders, permanent residents and even U.S. citizens. As noted on the CBP website, “All persons regardless of citizenship, baggage, and merchandise arriving in, or departing from, the United States are subject to inspection by CBP…This search authority extends to electronic devices crossing our nation’s borders.” 

Regardless of your immigration or citizenship status, anticipate that your electronic device can be searched. Tools are available to CBP to search locked devices as well. Plan ahead for this possibility. 

• What if CBP asks me about my work or education history? 

Certain technologies are considered dangerous and can be weaponized against the United States. It is possible that CBP officers may ask you about your employment or education background to determine whether your knowledge or employment poses a risk to U.S. security. 

If you explain your technical or scientific background in an overly complex way, this can confuse the officer. Keep your explanation simple. 

Individuals from Russia, China and other countries may be subject to more scrutiny in this area. Artificial intelligence, machine learning and electric vehicle development are primary subjects for this security screening.  

• If I am returning to the U.S., can I be targeted for my political speech or activism in the past?  

Yes. There have been several recent cases in which non-citizens have been targeted by the Department of Homeland Security (DHS) for removal proceedings or visa revocation, with previous political speech, activism or association with similar conduct playing a part in the decision to act against them.  

Attending pro-Palestinian protests, alleged association or support of designated terrorist organizations such as Hezbollah or Hamas have been recent factors for DHS to target noncitizens. DHS claims that the presence of such noncitizens threatens the U.S. foreign policy agenda, which includes halting the spread of antisemitism. 

• I have DACA and a valid Advance Parole (AP) OR I have TPS and a valid travel document (I-512T) is it ok for me to travel internationally?  

As long as your passport and travel document are both valid for your return trip to the United States and your DACA or TPS is valid beyond the dates of your planned travel, it is generally safe to proceed with your travel plans. Our clients with these travel documents have continued to travel as normal, subject to the same precautions noted above for all international travelers.  

• I have Global Entry, will I still be subject to extra questioning or delays? 

If you are traveling to the U.S. under the Global Entry program, ensure your membership is active and linked to your passport before departure. Always travel with the same passport used for enrollment, and if you have renewed your passport, update it in your Trusted Traveler Program (TTP) account. While you can continue to utilize the Global Entry kiosks at participating airports for expedited processing, be prepared for occasional secondary screening. US Customs can still pull you aside for additional questioning and you can still be subject to the same level of scrutiny as non-global entry arrivals.  

• Is it safe for me to travel domestically within the United States?  

Please refer to our prior blog about the risks for travel within the United States for undocumented individuals. If you are undocumented, it is not advisable to travel outside of the 48 contiguous states or to any of the U.S. territories such as Puerto Rico or the U.S. Virgin Islands.  

ICE has the authority to delegate some of its authority to state and local law enforcement officers. This means that some state and local law officers can interview individuals about their immigration status, check immigration agency databases for information about your identity and status, detain certain noncitizens until ICE can take them into custody and more.  Before you travel, review the list of states which have cooperative agreements in place.  

• What does the U.S. Custom’s process look like upon entry into the U.S. 

The chart below outlines what you can expect after an international flight to the U.S. and the rights you have as a U.S. citizen or as a non U.S. citizen. 

GENERAL TIPS

• Always tell the truth, but keep your answers short and direct. Example: 

• CBP officer: How long were you in Country X? 

• Improper answers: “About 1 week.” “4-5 days.” Correct Answer: “1 week.” “5 days.”  

• Keep a Record: Write down name and badge number of the CBP officer questioning you in secondary. 

• U.S. Citizens: You have the right to enter the U.S. with the presentation of proper documentation, i.e. U.S. Passport. CBP may temporarily hold you in secondary, but you must be allowed to enter the U.S.  

• Non-U.S. Citizens: Your rights are severely limited at a U.S. port of entry.  Be prepared by traveling with the name and number of a lawyer and a friend or relative to contact should you be potentially denied entry into the U.S.   

• If CBP denies you admission into the U.S. and indicates deportation proceedings:  Ask to withdraw your request for admission. 

• If you are denied entry into the U.S.: Contact an attorney to attempt to gain lawful entry back into the U.S.  

• If you believe you were discriminated against: Contact an attorney to file a complaint. 

• Do NOT be pressured into signing any documentation without proper review or against your will: 

• If you are lawful permanent resident (have a green card) do not sign Form I-407. This will terminate your permanent residency status. 

• If you speak little to no English: Request an interpreter  

• If you are a non-citizen and have a criminal record: carry a certified disposition related to your case that shows the outcome of the case. Please note: certain criminal convictions may make you inadmissible to the United States, even as a permanent resident. Please speak to an immigration attorney before making travel plans. 

If you have questions about travel to the United States or would like a full assessment of your U.S. immigration options, please schedule a consultation with one of our immigration attorneys: 312-427-6163.