Chugh, LLP – Attorneys & CPAs

By: Ashima Chock

As the holiday season approaches more people are looking to travel abroad. However, the process for foreign nationals can sometimes be overwhelming due to longer wait times, increased security, and more scrutiny. It is even more imperative now to be prepared as the United States transitions from the Biden Administration to the Trump Administration on January 20, 2025.

International Travel Checklist

Foreign nationals looking to travel this holiday season should ask the following questions before traveling to or from the United States.

• Is my passport currently valid?

o Under most circumstances a foreign national’s passport should be valid for a period of six months past the expiration date noted on their U.S. visa. • Is my visa valid?

o Be prepared for delays in consular appointments and processing.

o Double-check visa validity for entry into the United States. Except for a few exceptions, generally, the visa stamp, validity and current status must align. The officers at the port of entry can revoke a visa and also deny entry and do so frequently if they suspect fraud.

• Can I freely travel to and from United States without any travel restrictions? o The rule of thumb is to avoid international travel if you have applications pending.

o Certain adjustment applicants are required to obtain advance parole, or permission to travel, before they can travel outside the United States or it can result in abandoning an application like traveling without advance parole when I-485 is pending. o Individuals holding valid H-1B, H-4, L-1, or L-2 visas are allowed to travel and reenter the country. o Some applications require the applicant to remain in the country until the adjudication process is complete.

• Am I compliant with the visa travel requirements associated with my visa?

o The Visa Waiver Program: Business travelers or tourists traveling under the Visa Waiver Program are required to be compliant with their regulations. This includes a registration in the Electronic System for Travel Authorization at least 72 hours prior to travel.

o Other visas may require different registrations, and compliance is mandatory for reentry.

Once an individual has arrived in the United States, it is essential to verify that their I-94 arrival record is accurate. This may include a physical stamp, or if the passport is not stamped, I-94 can be retrieved online. The I-94 will have an expiration date on it, and individuals must adhere to the expiration date. Possible Future Changes As the United States transitions from the Biden Administration to the Trump Administration, many changes are expected to come to the immigration process. It is likely the new administration will impose entry bans, increase restrictions to entry, execute higher security measures, and impose other roadblocks for individuals looking to reenter the United States. Therefore, if possible, foreign nationals should travel back to the United States prior to the January 20th inauguration.

Conclusion

For more information, case-specific questions, or to ensure your travel plans will not impact your visa status, contact the trusted Chugh, LLP immigration team.