Written by Ana Delgado Hualde, Esq., Associate Attorney.
As the holiday season approaches, many noncitizens living in the United States begin planning trips abroad to visit family or recharge. But for those on nonimmigrant visas, in particular, international travel carries more than just logistical considerations. It carries legal ones, too.
Each year, travelers encounter delays, refusals of reentry, or even visa complications that might have been avoided with a clearer understanding of travel requirements. From visa stamps to pending applications, from port-of-entry inspections to digital device searches, the rules of international travel are complex and changing.
This guide will help noncitizens prepare for international travel during the holiday season.
Common holiday travel risks for visa holders
Even brief trips abroad can lead to unexpected legal issues. Here are some of the most common scenarios Garfinkel Immigration helps clients navigate:
- Lack of a valid visa stamp: Noncitizens may have valid status inside the U.S., but without a current visa stamp in their passport, they cannot re-enter the country. Please see additional information below.
- Pending status applications: If a noncitizen leaves the U.S. while a change of status application is pending, their application may be deemed abandoned, unless they qualify for re-entry based on valid Advance Parole or another visa status.
- Advance Parole assumptions: Having a pending I-485 receipt is not enough. A noncitizen must have an approved Advance Parole card in hand before departing the U.S.
- CBP scrutiny at the border: Officers may ask detailed questions about the noncitizen’s job, visa type, criminal history or even search their electronic devices.
- Country-specific travel restrictions: If a noncitizen’s home country is subject to an active travel ban, re-entry could be denied even with a valid visa.
Noncitizens without valid visa stamps should avoid nonessential travel
Noncitizens without valid visa stamps are generally advised to avoid nonessential travel at this time because of the potential for prolonged delays scheduling appointments at their applicable U.S. embassy or consulate.
The attorneys at Garfinkel Immigration have become aware that U.S. embassies and consulates in India are delaying H-1B visa appointments scheduled on or after Dec. 15 until at least early spring because of the new enhanced “online presence review.”
It is anticipated that embassies and consulates in other countries around the world could experience similar cancellations and re-bookings. The impacts also could expand to appointments for other visa classifications and may not exclusively affect H-1B applicants.
Noncitizens should consult with experienced immigration counsel to discuss individual specifics and circumstances.
Further Reading — Some embassies, consulates rescheduling H-1B visa interviews because of new enhanced ‘online presence review:’ Expect delays
Four key steps to take before traveling internationally
1. Verify documentation
Before traveling and reentering the U.S., confirm all applicable documents are valid and up to date including a:
- Passport (valid at least six months beyond your travel date)
- Visa stamp (as per your I-797 approval notice)
- Advance Parole card (if applicable)
- Travel permits [e.g., reentry permits for green card holders who have been outside of the U.S. for extended periods (180 days or more)]
- F and J status: Endorsed I-20/DS-2019 and active SEVIS record
2. Understand the risks of traveling with pending applications
Leaving the U.S. while an application is pending may lead to abandonment of it. Noncitizens with any pending petitions or applications should speak with an immigration attorney before planning travel.
Advance Parole must be approved and in-hand before departure. If it expires while a noncitizen is abroad, re-entry could be denied, even if the expiration occurs just one day before the return trip.
3. Be ready for the Port of Entry interview
Customs and Border Protection (CBP) officers have broad discretion. They may:
- Ask about a noncitizen’s employer, job title, work location or job duties
- Conduct secondary inspections or detain individuals temporarily
- Confiscate electronic devices and request access to phones or laptops
During the interview, noncitizens should:
- Turn off and store devices before arrival at inspection
- Not voluntarily offer devices or passwords unless required
- Request the officer’s name, badge number, and agency, if a device is seized
- Contact their attorney immediately if detained or referred to secondary inspection
4. Expect delays and increased screening
Holiday travel coincides with heightened scrutiny from the current administration and longer processing times at consulates and ports of entry. Plan and prepare proactively; be patient, truthful, and calm.
- Avoid using words like “working,” “consulting,” “helping,” and/or “assisting” if entering as a business visitor. These could be construed to mean the noncitizen is carrying out employment, which is prohibited while in the country on a B visitor visa.
- Bring supporting documentation, including invitation letters, conference registrations and proof of return plans.
- Answer all questions truthfully, as misrepresentation at the border can lead to permanent bars from reentry.
Travel ban
Nonimmigrant visa holders from the almost 20 countries that are affected by the travel ban issued in early June should consult with experienced immigration counsel before planning international travel.
In general, the attorneys at Garfinkel Immigration recommend these noncitizens avoid any unnecessary international travel while the ban is in place. Otherwise, they risk being stranded outside the U.S. with few, if any, measures to return.
For green card holders
Green card holders returning to the U.S. must have a valid green card and passport for reentry and should be ready to demonstrate that the U.S. is their primary residence. Extended trips (180 days or more) could raise the risk of abandonment.
Green card holders should consider bringing tax returns, mortgage statements, and/or W-2s to support their claim of residence.
REAL ID
As of May 7, 2025, all adult travelers must present REAL ID-compliant identification to fly domestically.
Noncitizens without a REAL ID-compliant driver’s license or other state photo identity cards issued by their state’s Department of Motor Vehicle (DMV) will also need to present their passport for domestic travel.
Conclusion
International travel for noncitizens is not always routine. A trip abroad can quickly present complicated legal issues if traveling without the correct documents or a clear understanding of the rules.
Before finalizing travel plans, especially during the holiday season, consider consulting with an experienced immigration attorney, particularly if a noncitizen:
- Has a pending application
- Has ever been arrested or charged with a crime
- Comes from, or is visiting, a country with heightened scrutiny or travel bans
A careful and proactive approach, guided by current immigration insight, allows for more clarity and can help minimize the risks of disruptions.