As tensions rise surrounding immigration enforcement, many foreign nationals are expressing concerns about their ability to travel to and from the United States.
The legal team from Harris Beach Murtha’s Immigration Practice Group has noted a significant increase in inquiries from individuals regarding travel and immigration matters.
With recent announcements from President Donald Trump on new travel bans, it is expected that such inquiries will spike even further as travelers seek clarity on their situation.
Travelers should be mindful of several risk factors that could potentially escalate scrutiny during their journey across U.S. borders.
These factors include any criminal history or prior arrests, previous visa or immigration violations, as well as social media activity or public statements that may be viewed as critical of U.S. policies.
Individuals may be subject to detailed questioning and searches of their electronic devices, and there may also be delays at U.S. consulates for visa renewals due to enhanced security protocols.
On June 4, 2025, President Donald Trump issued a Presidential Proclamation aimed at restricting the entry of foreign nationals as a measure to protect the United States from potential threats, including foreign terrorists.
This proclamation restricts nearly 20 countries from traveling to the U.S. and came into effect on June 9, 2025, at 12:01 am EDT.
The ban fully suspends entry for foreign nationals from a number of countries, including Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.
In addition to the full ban, the proclamation also enacts a partial travel restriction affecting immigrant visa holders, as well as holders of B-1, B-2, B-1/B-2, F, M, and J visas.
The validity of other nonimmigrant visas for nationals of countries such as Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela has also been reduced under this policy.
Despite these restrictions, there are exemptions crafted for certain categories of immigrants, reflecting the complexities of the immigration system.
Best practices for those considering reentry into the U.S. have been advised for clarity.
Travelers are urged to keep their answers brief and truthful in response to questions posed by U.S. Customs and Border Protection (CBP).
It is important not to volunteer additional information beyond what is asked.
Additionally, individuals should present only the requested documentation, which may include the latest I-797 notice if applicable.
Remaining calm and honest during the border process is crucial; anxiety is natural, but any form of dishonesty can lead to serious repercussions.
Travelers are also advised to review the contents of their electronic devices before traveling since CBP officials are permitted to inspect mobile phones, laptops, and other digital devices.
Awareness of the information stored and visible on these devices can help mitigate any misinterpretations.
Regarding common travel questions, green card holders without any criminal record can indeed travel and return to the U.S.
They should carry their green card (or valid I-551 stamp) along with their passport and avoid trips longer than six months to maintain their continuous residency for naturalization purposes.
Conversely, green card holders with a criminal history can also reenter the U.S., but specific convictions, particularly aggravated felonies, may trigger deportation proceedings.
Documentation that verifies any charges were dismissed is advisable, and it is wise for individuals with any history of arrests or convictions to seek legal advice before embarking on international travel.
For those holding a valid multiple-entry nonimmigrant visa, return is possible if the original visa activity is being resumed and the U.S. stay has not exceeded the I-94 expiration date.
Individuals who have submitted an application for a green card (Form I-485) can only travel if they possess an approved Advance Parole document, except for those with H-1B or L-1 status.
Traveling without this document could lead to the abandonment of a green card application, making it essential to understand eligibility before leaving.
It is also crucial to note that Advance Parole does not guarantee reentry; it does not eliminate any grounds for inadmissibility.
Any individual with an arrest or conviction history should consult a legal professional about travel, even with Advance Parole.
Travelers should also be informed about their rights at the border.
U.S. citizens must merely confirm their identity and citizenship, while green card holders are required to provide proof of their identity and status.
Non-citizens face more extensive questioning, and refusing to answer can lead to denial of entry.
While questions regarding religion or political views are protected under the First Amendment, citizens and green card holders have the right to refuse to answer these inquiries without losing their entry rights.
Non-citizens may also decline answering but risk delays or denial; expressing a fear of persecution to CBP allows an individual to request asylum.
It is important to recognize that green card holders can be denied reentry under certain circumstances, including extended absences from the U.S. of more than 180 days, criminal convictions or admissions, and engagement in illegal activities abroad.
Political opinions expressed online or participation in protests may also bring about heightened scrutiny, emphasizing the need for legal consultation for those affected.
Under current regulations, CBP has the authority to search electronic devices without the need for suspicion.
Although U.S. citizens cannot be denied entry, they may experience delays or potential seizures of their devices.
Green card holders are afforded similar rights, while non-citizens may face denial of entry for refusal to comply with searches.
As a proactive measure, travelers are encouraged to enter their device passwords themselves rather than disclosing them.
Anyone requiring personalized assistance is reminded that this summary does not constitute legal advice.
Those facing complex situations or seeking clarification on specific cases should consult an experienced immigration attorney.
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