Travel Alert
Foreign nationals who travel have to take certain
precautions due to the fact that until they are US citizens they
still fall under the jurisdiction of ICE and can have their status
revoked. Certain events have occurred at some airports where
individuals in a non immigrant status or with permanent residency
have found themselves detained or returned to the country from the
arriving US airport.
Returning residents should be prepared to answers
questions regarding how they obtained their permanent status and
their actions subsequent to that. For example an individual who
obtained residency through employment should be able to answer
questions regarding the employment after the issuance of the green
card. If the returning resident has filed an application to remove
conditional status due to a marriage to a US citizen, the returning
resident may be asked questions regarding their spouse and the
current relationship. If you have been arrested or have a
conviction you should never travel without consulting a certified
immigration lawyer familiar with criminal issues.
Retuning non-immigrant visa holders may also be
questioned at length regarding the terms of their status. An H1B
employee should be prepared to answer questions regarding the
position they hold in the company, the duties, the rate of pay,
payroll periods, job location, and name of supervisors. They should
carry their original approval notice; a copy of their petition; any
recent paycheck stubs; an updated employment letter; and any other
evidence of on-going employment, such as a business card. The
employer should be prepared to answer any questions in case a CBP
inspector calls the employer regarding the employee. Likewise E1
traders and E2 investors should be able to answer questions
regarding their trade or investment. The same holds true for those
with L1A status. The inspector may ask questions regarding the
position, number of employees in the US company and abroad, and any
other questions related to employment.
María Isabel “Marisa” Casablanca
