2025 Updates: Important Tips for Visa & Green Card Holders While Traveling

Due to recent policy changes, U.S. visa and green card holders may face specific challenges while traveling outside of the U.S. It's crucial to be ready, not just for the journey, but also for the possible legal issues related to re-entering the United States after your trip.

Here are some key steps to help ensure a smooth journey and safe re-entry to the U.S.:

1. Understand Your Rights Based on Your Immigration Status

Before traveling, it's important to know your rights as a visa holder or permanent resident (green card holder). The rules for re-entering the U.S. can vary based on your immigration status.

• Green Card Holders (Lawful Permanent Residents): Green card holders can re-enter the U.S. after traveling abroad, provided they have maintained their status. However, be aware that long stays outside the U.S. might lead to questions about abandoning your permanent resident status. Trips longer than six months could lead to additional scrutiny, and those over a year may require a reentry permit.

  
  

• Visa Holders: Visa holders (whether on work, student, or tourist visas) must ensure their visa remains valid for re-entry before leaving. If your visa expires while you are abroad, you may need to obtain a new visa at a U.S. consulate or embassy in the country you are visiting.

  
  

Understanding your immigration status and any related travel restrictions is crucial to avoid issues during your re-entry into the U.S.

2. Be Prepared for U.S. Customs and Border Protection (CBP) Scrutiny

U.S. Customs and Border Protection (CBP) officers have the power to inspect and question anyone entering the U.S., whether you are a U.S. citizen, a green card holder, or a visa holder. This includes examining your belongings, documents, and even electronic devices. Here are some important points to remember:

• Electronic Devices: CBP officers can search your electronic devices (such as smartphones, laptops, and tablets) when you arrive at a U.S. port of entry. Also, they can request your passwords and access your device if they wish. It's wise to back up important data and consider encrypting or password-protecting sensitive information to safeguard your privacy.

  
  

• Documentation: Ensure all your travel documents (passport, visa, green card, etc.) are current and easily accessible. If you have been granted advanced parole (for those with pending immigration cases), be sure to carry proof of this approval.

  
  

3. Let Others Know Your Travel Plans

If you encounter any issues during your travels or at the border, it's wise to inform someone of your destination and provide them with your contact information. Share your travel plans, including flight information and lodging details, with a family member, friend, or trusted colleague.

Additionally, make sure they have copies of your essential documents (passport, visa, green card) in case you require them during your trip. This can be beneficial if your documents go missing or if you face any problems while abroad, such as a prolonged delay in returning.

4. Carry Contact Information for Your Immigration Attorney

If you face legal challenges while traveling or after returning to the U.S., having quick access to legal assistance can be crucial. Before departing, ensure you have your immigration lawyer's contact details and keep them accessible throughout your journey. Should any issues occur at the port of entry or during your travels, reaching out to a skilled immigration attorney swiftly can aid in resolving the situation.

5. Be Prepared for Delays or Additional Questions at the Border

Upon returning to the U.S., you might experience delays at the border or be asked extra questions. This is particularly likely if you've been abroad for a long time or if there are concerns about your immigration status. Remain patient, respond honestly, and remember that delays are fairly common.

If you hold a green card or a visa, be prepared to explain the reason for your trip, the duration of your stay abroad, and your plans after returning. Knowing which documents you may need to present can help prevent unnecessary delays.

6. Monitor Travel and Immigration Restrictions

Before embarking on a trip, it is essential to be aware of any travel bans, immigration restrictions, or policy changes that might impact your return to the U.S. This is especially important if you are traveling from or through nations with increased security concerns or specific entry restrictions due to political or health-related issues, such as COVID-19 or ongoing conflicts.

7. Know the Implications of Abandonment of Status

For those with green cards, it is crucial to be aware of the possible repercussions of relinquishing your permanent residency status. If you intend to stay outside the U.S. for a prolonged duration, it is advisable to speak with an immigration attorney about securing a reentry permit. This can help ensure that your permanent residency status is not challenged when you return.

8. Obtain a Re-Entry Permit

A re-entry permit can assist in ensuring a smooth return to the U.S. and show your continued connection to your U.S. residence.

Here are a few reasons why obtaining a re-entry permit may be beneficial:

1. Signals Intent to Maintain U.S. Residency: Extended stays abroad can sometimes lead to questions about your intent to reside in the U.S. as a permanent resident. A re-entry permit can indicate that your stay overseas is temporary and that you plan to return and maintain your status.

2. May Help Reduce Issues at Re-entry: Without a re-entry permit, coming back to the U.S. after a long absence—especially one year or more—might result in increased scrutiny by Customs and Border Protection (CBP). Although it doesn't guarantee entry, a valid re-entry permit may lessen the risk of delays or complications when re-entering the country.

3. Can Serve as a Travel Document in Certain Situations: For those unable to obtain a passport from their home country, a re-entry permit might be used as a travel document, depending on the entry requirements of the destination country.

4. May Support Future Immigration Applications: While a re-entry permit does not independently preserve continuous residence for naturalization purposes, it can help provide context for extended absences during future immigration applications or reviews of your history.

In today’s immigration landscape, where policies and enforcement can change quickly, taking precautionary measures—such as applying for a re-entry permit—may provide added peace of mind if you're planning prolonged international travel.

When traveling abroad as a visa or green card holder, it is important to plan carefully and be aware of your rights and responsibilities. By understanding your immigration status, preparing for possible border security procedures, and informing others of your travel plans, you can have a smoother experience upon returning to the U.S.

If you have any questions about your travel plans or immigration status, feel free to reach out to us at contact@mayslawyer.com.

Important: This post is for informational and educational purposes only and does not create an Attorney-Client relationship. This post should not be taken as legal advice or used as a substitute for such. You should always speak to an attorney for legal advice.