With the recent implementation of restrictive immigration policies by the Trump administration, foreign nationals are facing increasing challenges returning to the U.S. after international travel. There have been reports of increased questioning by Customs and Border Protection (CBP) officials, subjection to secondary inspection, detentions, searches of electronic devices and social media accounts, and pressure to relinquish green cards. Additionally, the administration is expected to impose severe entry restrictions and bans on citizens of multiple countries, which have not yet been announced. In light of these policies, foreign nationals should consider carefully before traveling out of the U.S., and be aware that policies may change at any time, possibly making it harder to return.
As a brief overview, we recommend:
- Always have your supporting documents ready
- Review inadmissibility grounds and ensure you are not inadmissible
- Always ask to review any information you are asked to sign, and do not sign incorrect information or statements
- You may request to withdraw your application for admission; this is preferable to expedited removal
- If you are a lawful permanent resident, do not sign Form I-407 unless you are fully intending to abandon your permanent resident status
- Make sure that you are not carrying any items which will cause issues at customs
- Review the downloaded contents of your electronic devices to check for any issues
Nonimmigrant Visa Holders
Before travel, nonimmigrant visa holders should ensure their passports and visas will remain valid at re-entry and plan well ahead in advance to renew expiring visas.
On February 18, 2025, the Department of State announced a policy[1] implementing stricter criteria for interview waiver eligibility, thus requiring more visa applicants to attend in-person interviews to apply for nonimmigrant visas. Per the announcement, applicants are eligible for a waiver if they previously held a visa in the same category that expired less than 12 months prior to the new application. Additionally, applicants must:
- Apply in their country of nationality or residence
- Have never been refused a visa (unless such a refusal was overcome or waived); and
- Have no apparent or potential ineligibility.
Consular officers may still require in-person interview on a case-by-case basis or due to local conditions, and applicants should check specific embassy and consulate websites for detailed information.[2]
Due to the restriction of interview waivers, visa appointment wait times are expected to become longer, so applicants should plan ahead to avoid unanticipated delays outside the U.S.
Nonimmigrant visa holders are also advised to bring their Form I-797 Notice of Approval as well as supporting documentation, which will depend on the visa category (e.g. a letter from the employer verifying current employment for employment-based visa holders, and I-20s for F-1 students).
Lawful Permanent Residents
In general, lawful permanent residents returning to the United States after a short trip need only show their valid Permanent Resident Card or re-entry permit and valid passport.[3] However, under Immigration and Nationality Act § 101(a)(13)(C), an LPR may be treated as an applicant for admission if the LPR:
(i) has abandoned or relinquished that status,
(ii) has been absent from the United States for a continuous period in excess of 180 days,
(iii) has engaged in illegal activity after having departed the United States,
(iv) has departed from the United States while under legal process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,
(v) has committed an offense identified in section 1182(a)(2) of this title, unless since such offense the alien has been granted relief under section 1182(h) or 1229b(a) of this title, or
(vi) is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.
If CBP finds that at least one of the above conditions apply, an LPR may be subject to secondary inspection for further questioning, but CBP officials may not immediately seize the LPR’s green card unless the LPR voluntarily surrenders it or the LPR is sent to deferred inspection.
CBP does not have the authority to revoke the Lawful Permanent Resident (LPR) status of an applicant for admission. If CBP believes an LPR is not admissible they may ask the person to sign a Form I-407, Notice of Voluntary Abandonment, to voluntarily relinquish their LPR status, or they may refer the person to an immigration court for a hearing. As a general rule, no one should sign a I-407 at a CBP inspection unless this has been discussed with an immigration attorney in advance.
When an LPR is unwilling to sign an I-407 and CBP needs more time to review a case or when additional documentation is required to support the LPR’s claim of maintaining residency CBP will schedule the person to attend a deferred inspection appointment at a CBP Field Office. This process allows the person to gather and present evidence that they have not abandoned their LPR status. An attorney may accompany the person at a deferred inspection. At the end of the deferred inspection CBP may agree to admit the LPR to the United States, or again offer the person the opportunity to sign a I-407, or refer the person to immigration court.
Where an LPR has been absent from the U.S. for 180 days or more, CBP may look into financial status, tax compliance, employment, receipt of public benefits, and other factors which may be relevant to admissibility, at the time of the LPR’s return to the U.S. Additionally, an LPR may be denied re-entry into the U.S. if the pattern, nature, frequency and cumulative length of travel outside the U.S. indicates to the Immigration Officer that the LPR is NOT actually residing principally in the U.S., and therefore may be considered to have abandoned permanent residence. Such problems can arise at the airport or border when an LPR has been away from the United States for an extended period of time, either on a single trip, or on a series of trips. In some situations, a person’s right to reenter as a returning resident may be questioned, and his or her case referred to an immigration judge to determine whether the person actually has abandoned his or her U.S. residence.
LPRs who will be away from the United States for an extended period of time on a single trip or multiple trips should keep documentation about the reasons for their trips abroad, as well as evidence of ties they maintained in the US while outside the US. Additionally, LPRs are advised to purchase roundtrip tickets before departure from the U.S.reflecting a fixed date in time for return to the US that is less than 6 months (180 days) from the date of departure.
Additionally, LPRs that plan to be outside the U.S. for more than 1 year must either present a valid re-entry permit or process a “Special Immigrant” visa as a returning resident through the U.S. Embassy or Consulate in their home country. Failure to do so may result in a revocation of the green card. If an LPR is denied a special immigrant visa due to abandonment, they may face difficulties reentering the U.S. without a valid visa or reentry permit. U.S. Customs and Border Protection (CBP) may treat them as seeking admission and subject them to inadmissibility grounds. Issuance of a re-entry permit creates a legal presumption that the approved trip is temporary, but with or without a re-entry permit, an LPR will be subject to a new admissibility analysis each time they spend over 180 continuous days outside the United States.
LPRs with conditional green cards (marriage or investment based) should ensure that their green cards remain valid or that they have other evidence of their status at re-entry. If Form I-751 or I-829 has been filed but not yet approved, the receipt notice (Form I-797) should also be carried, as it will extend the green card for a specified period. LPRs should also be ready to show proof of ties to the U.S. (e.g. lease, employment verification, bank statements, etc.).
If an LPR’s or conditional LPR”s green card is expired, at re-entry the LPR may show:
- The expired green card and Form I-797 receipt notice showing timely application for removal of conditions (I-751 or I-829) or extension of the green card (I-90),
- Valid passport that contains a valid USCIS ADIT Stamp, or
- Valid USCIS Form I-94 with ADIT stamp, DHS seal, and printed photo of the LPR (aka USCIS Mail Delivery Process)[4]
If an LPR is sent to secondary inspection by CBP, the LPR may take the following actions[5]:
- Assert their right to contact their consulate for assistance
- Assert their right to review all written statements in a language that the LPR can understand
- Refuse to sign any documents with content that the LPR does not agree with
- Request to contact their immigration attorney (which CBP may not allow)
- Refuse to sign Form I-407, Record of Abandonment of Lawful Permanent Residence.
- If CBP claims an LPR has abandoned residency or is inadmissible, the LPR has the right to request a hearing before an immigration judge rather than accept immediate removal.
Electronic Device Searches at the Border
CBP officers are authorized to conduct searches of electronic devices of any travelers entering or leaving the U.S.[6] During a basic search, CBP officers may review the contents of the device manually without assistance of any external equipment. Per CBP policy, an advanced search requires reasonable suspicion of a violation of law enforced or administered by CBP or a national security concern and requires the approval of a senior CBP manager, and is conducted using external equipment.
Importantly, an electronic search will only include an examination of information that is on the device at the time that it is presented for inspection, and may not include examination of information that is solely stored remotely in a Cloud storage. CBP officers must ensure that all network connectivity is disabled prior to the search. International travelers may wish to review the contents of their electronic devices and retain sensitive or confidential information solely in remote storage.
[1] See https://travel.state.gov/content/travel/en/News/visas-news/interview-waiver-update-feb-18-2025.html
[2] See above.
[3] See 8 C.F.R. § 211.1(a).
[4] See https://www.cbp.gov/travel/us-citizens.
[5] See Know Your Rights: What to Do if You are Detained at a Port of Entry (Lawful Permanent Residents), available at https://www.aila.org/files/o-files/view-file/B8A73B6C-0D3A-4F2A-82EB-F4A13ED6A60F.
[6] See https://www.cbp.gov/travel/cbp-search-authority/border-search-electronic-devices.
