Due to incomplete documentation and a lack of proper preparation, many nonimmigrant visa holders traveling abroad face heightened scrutiny and prolonged questioning when returning to the United States. This can result in deferred inspections, denied admission, and even expedited removal from the U.S. As such, preparation is critical prior to any planned travel to the U.S., to minimize potential risks faced upon re-entry. Failure to thoroughly prepare can lead to very serious immigration consequences, including removal and immigration bars preventing any future return.

Some of the most common mistakes include using previous or outdated USCIS approval notices, lacking proper documentation to support your nonimmigrant category, or even attempting entry in an improper visa category. All individuals with active immigration status must ensure they access and carry their latest visa documentation. This is critical when traveling, but also important for simply residing in the U.S, as immigration checks are becoming more frequent and having evidence of your valid immigration status with you at all times is paramount. Particularly at this time, with U.S. immigration facing higher levels of scrutiny, carrying proper documentation is of the utmost importance.

To prevent and minimize any challenges upon entry, it’s important that nonimmigrant visa holders prepare the proper documentation before traveling internationally. This includes:

  • Verifying their current immigration status and approval documents before departure.
  • Ensuring they carry the correct, most recent approval notice to present with their valid nonimmigrant visa upon entry.
  • Proactively presenting all necessary supporting documents based on the individual visa category to CBP officers upon arrival. (For example, an H-1B visa holder should present an employer verification letter, end client letter, evidence of the project, and recent paystubs. An F-1 visa holder should present their most recent I-20, EAD (if applicable), employer letter and paystubs (if on OPT or CPT))
  • Double-checking their I-94 upon entry to confirm accuracy in category and duration of stay.

It is imperative that visa holders traveling abroad present complete and current documentation. Fixing an I-94 after entry can be extremely challenging, costly, and potentially jeopardize the individual’s status. Additionally, failure to fix an incomplete or otherwise incorrect I-94 form can result in a lapse in immigration status, which can result in unlawful presence. This can trigger removal, impact future applications, or result in immigration bars. As such, validating your I-94 information following travel is of utmost importance. If any discrepancy is found, you should immediately work with your attorney to pursue a course of corrective action.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.

Traveling with a Visa