Holiday Travel Guidance for Foreign Nationals Leaving or Returning to the U.S.
- Matthew Kolodziej
- 20h
- 3 min read
With the holiday travel season underway, international flights are picking up, but so is U.S. immigration scrutiny. Even as the recent government shutdown ends, flight schedules may still face disruptions and visa and entry procedures remain stricter than usual. Foreign nationals should plan carefully and stay updated on evolving U.S. visa and port-of-entry policies. Stricter consulate rules, enhanced screenings, and longer processing times could affect travelers, especially those who need a new visa. Consulting an immigration professional before traveling is highly recommended, especially if you have any irregularities in your criminal or immigration background.
Key Reminders to Prevent Delays
Passport
Your passport should be valid for at least six months beyond your intended stay. CBP requires your passport to remain valid for the full duration of your admission; otherwise, your authorized stay may be shortened.
Pending Adjustment of Status
If you have a pending adjustment of status application, you may need advance parole to travel internationally, if you decide you need to travel. Advance parole for adjustment applicants is exempt from the new parole fee, but it is recommended to carry a copy of the exemption notice. Travel on advance parole is not ideal under this administration, if you have other options, see below.
H-1B, H-4, L-1, and L-2 visas are “dual intent”, and therefore holders of these visas can generally reenter on their existing visa without abandoning their adjustment of status applications. If you hold an H-1B, H-4, L-1, or L-2 visa it is highly preferrable to travel on these visas instead of with advance parole, while your adjustment of status is pending.
Pending Extension of Stay
If you are the principal beneficiary of a pending Form I-129 petition requesting an extension of status, travel outside the U.S. generally does not affect your petition. However, H-1B extension applicants should note that travel could increase the chance the employer becomes liable for the new $100,000 H-1B fee introduced under the September 19 presidential proclamation, if for any reason the extension of stay is denied, and you are required to re-enter in that status from abroad. (See below.)
Pending Change of Status
If you have a pending Form I-129 or Form I-539 to change nonimmigrant status, leaving the U.S. may result in USCIS treating your application as abandoned.
For those changing to H-1B, a denial could trigger the new $100,000 fee, meaning the petition cannot be approved without paying the fee or securing a rare national interest exception.
For other visa types, the new H-1B fee is not a concern, but if the change of status is denied for whatever reason, and the petition itself is still approved, you would need to travel abroad, obtain a new visa, and return to the U.S. to assume the new status.
Visa
Ensure your visa reflects your current status, is unexpired, and valid for reentry to the United States. Review your USCIS visa status application to ensure you are in compliance and can answer any questions at the border. Short trips to Canada or Mexico may allow limited exceptions, but most travelers need a valid visa to return.
If you need to apply for a visa, be aware that most applicants now require an in-person interview, some countries remain subject to travel bans, and security clearances may delay processing, especially for young men. Applying in third countries that are not your country of citizenship or residency is generally no longer allowed. At U.S. ports of entry, travelers should be prepared for enhanced screening, including biometrics, questioning, and possible searches of electronic devices.
I-94 Arrival Record
Check your I-94 record after arrival to confirm your authorized stay. Notify your immigration advisor immediately if there are irregularities or errors.
For personalized guidance, contact us before making any travel arrangements.