Travel Advisory & Client Reminder: Documentation Requirements for Entry After International Travel
April 1, 2025
In light of recent well publicized incidents involving the refusal of entry of non-citizens, the anticipated imposition of travel bans on certain countries, and a presidential directive to exact “maximum” vetting on visa applicants and travelers, we would like to remind non-citizens of the basic requirements for seeking admission into the United States.
Travel by Lawful Permanent Residents
Lawful Permanent Residents (LPRs) or “green card” holders who returning from a brief trip (less than 180 days in duration) with a valid green card are not regarded as seeking an “admission” for immigration law purposes unless a U.S. Customs and Border Protection Officer (CBP Officer) alleges that the LPR has abandoned their residence, departed while in removal proceedings, engaged in illegally activity after departure, committed certain offenses in the past, or is attempting to enter the U.S. at an unauthorized location. LPRs who do present such issues generally should not be questioned about their immigration status. However, the inspection process is a direct encounter with a CBP Officer and may expose LPRs who have publicly expressed an opinion on an issue that the current administration opposes to additional scrutiny. The current administration appears to be actively engaged in a program to censor and silence non-citizens through the deportation process. Several deportation actions have been lodged against non-citizens, including LPRs, who have voiced opinions that the current administration has deemed “anti-American”. Accordingly, LPRs who have a history of expressing political opinion should be prepared for additional review, which could result in the institution of deportation proceedings.
Travel by Nonimmigrants
The re-entry rules for temporary non-immigrant travelers are very different. As a starting point, it is important to understand that U.S. immigration law requires a non-immigrant traveler to prove to the inspecting CBP Officer at the time of arrival that they are fully admissible in a particular visa category. The burden of proof remains on the non-immigrant traveler regardless of the number of prior successful entries.
For example, we recommend that all non-citizens seeking admission to the United States, including H-1B, O-1, L-1, E-3, etc.[1] have ready for presentation at the time of inspection:
A passport which is valid for at least 6 months that is not issued by a country that is subject to a travel ban.
A valid visa in the category in which they are seeking admission. (The visa requirement generally does not apply to citizens of Canada.)
If the CBP Officer asks for evidence that the non-citizen is returning to work (or beginning employment, depending on individual circumstances):
a. Form I-797 petition approval notice
b. Three recent pay statements
c. Recent letter from petitioner confirming continued employment.
Please note that presentation of the above does not guarantee admission to the United States. Individuals seeking admission in an employer-sponsored non-immigrant category must be familiar with the terms of the petition filed on their behalf and be able to explain to the inspecting officer(s) the nature of their work. You must be familiar with the details of the petition including job title, duties, worksite(s) and compensation listed on the petition. The officer may review the visa holder’s responses against the petition, to which they will have access through various government databases.
In addition to verifying that the non-immigrant visa holder is intending to abide by the terms of the visa category that they seek admission into, the CBP Officer has wide latitude to investigate other issues. All travelers are subject to additional scrutiny on a random basis. The scope of the additional investigation can include review of data on electronic devices, such as smart phones and laptops as well as the visa holder’s on-line presence.
Issues for All Travelers
Non-citizen travelers are particularly at risk of being denied re-admission or subject to additional scrutiny and interrogation at the port of entry if the CBP Officer suspects that the traveler raises concerns involving matters including, but not limited, to:
Immigration Issues
It has been reported that CBP Officers are reviewing non-immigrant travelers’ past statements and responses on visa related applications. A discrepancy (material or otherwise) on prior applications may form the basis of a determination of willful misrepresentation or fraud leading to visa revocation and a denial of entry.
National Security and Terrorism Issues
Travel to certain regions associated with heightened security risks (e.g., conflict zones) may subject non-citizen travelers to additional questioning or scrutiny. CBP Officers may review social media accounts and private data on electronic devices to investigate ties to or support of terrorist organizations, individuals, or movements. A suspected tie, even those that are remote or tenuous, to an alleged terrorist organization or person can lead to visa revocation and a denial of entry. Media reports indicate that the recent refusal of admission of a physician at Logan Airport involved matters discovered in her mobile phone, including deleted photos.
Criminal Issues
Past arrests, indictments, or probable cause findings, even where the ultimate court disposition is a “dismissal” under state or federal law, may be deemed a conviction under federal immigration law and can result in visa revocation and denial of entry. In addition, a mere accusation of having committed an offense involving marijuana or other controlled substances, fraud, theft, domestic violence, or crimes of moral turpitude, can lead to further investigation and resulting in visa revocation and denial of entry.
Given the sudden fluctuations in U.S. immigration policies and each traveler’s unique circumstances, the outcome of the admission process is not predictable. Therefore, please consider travelling internationally only if necessary.
Non-citizens seeking admission in F-1 or J-1 status must consult with their school’s international office to obtain a list of documents that they should have ready for presentation. Non-citizens seeking admission in other categories should consult the specific requirements applicable to their category.