Traveling to the United States from abroad? Here’s what you should know:

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People seeking entry into the United States, whether it is returning from a short trip abroad or seeking admission for the first time, should consider the following:

Electronic Device Searches: Individuals returning to the United States after international travel have limited rights when interacting with Customs and Border Protection (CBP). CBP has the authority to search electronic devices – including phones, laptops, and tablets – of anyone entering the United States, including U.S. citizens and non-citizens. No warrant or suspicion is needed. For more information, please refer to ACLU’s Know Your Rights – Enforcement at the Airport.

Enhanced Vetting: All non-citizens entering the United States are subject to “enhanced vetting,” a thorough review of their purpose in the United States and any activities when they were outside the United States that could be considered a threat to national security or otherwise render the person ineligible for admission.

Regardless of immigrations status, those who have traveled to countries considered threats to national security may face additional scrutiny and questioning.

Marijuana: Marijuana is illegal under U.S. federal law. Therefore, any use, possession, purchase, sale, cultivation, etc. of marijuana in or outside the United States makes you ineligible for admission to the United States.

Considerations for travelers according to specific immigration status / visas:

U.S. Citizens

All U.S. citizens can be questioned by CBP and are subject to a basic search of their belongings, including electronic devices. U.S. citizens must have a valid, unexpired U.S. passport to be admitted back into the United States.

Lawful Permanent Residents

Returning Lawful Permanent Residents (LPRs) should be admitted to the United States as returning LPRs unless they have abandoned their residency, committed a crime that makes them inadmissible since receiving LPR status, engaged in illegal activity after departing the United States, departed the United States while in current removal proceedings, or attempted entry without inspection.

LPRs should always travel with a valid, unexpired LPR card (“green card”) plus a valid, unexpired foreign passport. LPRs with expired LPR or Conditional Resident cards with a pending I-751 Petition to Remove Conditions on Residency or I-90 Application to Replace Permanent Resident Card can use their expired card plus the I-797 Receipt Notice that contains an automatic extension of status covering the current period.

LPRs should not be outside the United States for more than six months continuously or they can risk allegations they have abandoned their residency and may be asked to sign an I-407 Record of Abandonment of LPR Status. LPRs are not required to sign an I-407 and are able to contest the allegation of abandonment in Immigration Court.  Do not sign an I-407 unless you wish to give up your LPR status and carry clear evidence of the length of your trip to show you have not abandoned your residency.

To protect residency status, LPRs who have been outside the United States for more than six months should have a valid, unexpired Re-Entry Permit to present with their valid, unexpired LPR card upon return to the United States. Please note that a Re-Entry Permit must be applied for prior to the LPR’s departure from the United States.

An LPR who has a criminal arrest, charge, or conviction, regardless of when it occurred, is wise to consult with an immigration attorney before leaving the United States to understand the possible consequences upon their return.

Nonimmigrant Visa Holders (e.g., F-1 students, E, H-1B, J, L, O, P, Q, R)

People seeking entry as a nonimmigrant must have a valid unexpired visa in their passport and an associated I-797 Approval Notice (H-1B, O, P, Q, R), Form I-20 (F-1), or Form DS-2019 (J-1).  Additional evidence, such as school transcripts and recent paystubs, may also be helpful.

Nonimmigrants are subject to enhanced vetting and considered “seeking admission” when entering/re-entering the United States. If CBP identifies something as a national security risk or inconsistent with the current visa approval, it can deny the nonimmigrant’s admission/entry into the United States, revoke their visa, and order expedited removal, which is a form of deportation. Immigration detention is a possibility for a nonimmigrant who is denied admission while arrangements are made for their return transport to the individual’s home country.

Visitors

People entering the United States as visitors include people entering with a B-1/B-2 visa, on the Visa Waiver Program (using the Electronic System for Travel Authorization (“ESTA”), and visa-exempt Canadians.

Visitors should be able to articulate the reason for their visit, the place(s) they intend to visit, and their planned length of stay.

Visa Waiver Program/ESTA Registrants can enter the United States to visit for up to 90 days without a visa.  Please note that Visa Waiver Entrants have waived may rights, including the right to contest removal from the United States.

Visitors are subject to enhanced vetting and are considered “seeking admission” when entering/re-entering the United States. If CBP identifies something as a national security risk or inconsistent with the current visa approval, it can deny the nonimmigrant’s admission/entry into the United States, revoke their visa, and order expedited removal, which is a form of deportation. Immigration detention is a possibility for a nonimmigrant who is denied admission while arrangements are made for their return transport to the individual’s home country.

For more information, please contact Kolko & Casey, P.C.