At best, international travel presents unique challenges and delays for U.S. visa holders. At worst, trips must be canceled or delayed because of unforeseen consular problems or consequences of immigration law; foreign workers are unable to obtain the necessary visa for entry or are denied entry for other reasons at the U.S. border. These traps can often be avoided with careful planning and preparation. Failure to do so can result in long delays, visa denials, expedited removal at the border and other stressful problems. Here are a few tips that will make your trip less stressful.

To re-enter the U.S., you must have a valid, unexpired visa in your passport, that lists your current visa category on it. Check your visa to see if you are in compliance! For example, if you were a student (F-1) and changed to an employee (H-1B), then you will need to obtain an H visa at a U.S. consulate abroad before re-entering the U.S. in H status. You will not be allowed entry to the U.S. without this new visa. As a general rule, you must obtain this visa at the consulate in your home country, however there are sometimes exceptions to this rule. The U.S. Consulate will generally issue a visa with the same expiration date as listed on your underlying approval notice. However, some consulates issue one time entry visas that expire 30 days from issuance. Check your visa! This visa allows the recipient to apply for entry to the United States within the time periods listed on the specific visa. This visa does not guarantee entry to the United States. This visa does not determine the length of time a person may remain in the United States. All this visa does is allow the recipient to ask for entry to the United States at the port of entry (airport, seaport, land entry).

At the port of entry, a DHS officer will then determine if the applicant is allowed to enter the U.S. and the authorized period of stay. The officer will note the visa category and the final day of authorized stay on an I-94 card and then staple this card into the applicant’s passport. The visa holder must leave the U.S. by the date listed on the I-94 card unless having applied for an extension or change of status to a new non-immigrant visa category.

1.Please contact your immigration attorney at least three months prior to any international travel to discuss travel plans, receive instructions, review current requirements and processing times and identify any concerns specific to your immigration case.

2.If you travel internationally while a change of status application is pending, DHS will deny your petition. If you travel internationally while an extension of status application is pending, DHS may deny your petition depending on your visa category. Therefore, it is very important to notify your immigration attorney of any possible travel plans before filing the application.

3.Several months prior to international travel, please do the following:
Under the relevant consular website, review non-immigrant visas, any instructions under your specific visa category and the general section on how to make an appointment, processing times, and what forms/documents are needed.
Download the legal forms directly from that website as most consulates now assign a barcode to each form as a tracking mechanism
Call your immigration attorney to discuss strategy, to determine if there are any immigration issues and to acquire any additional documentation

4.Documents you should carry on all international trips:
Original I-797 approval notice, IAP-66 form or other document that grants your status plus several xeroxed copies. (Try not to give away original documents, instead submit a copy.)
Letter from employer confirming that you are employed full time, listing the visa category, job title and the date you are expected back at work.
Bring current paystubs and EAD work card

5.Several months before travel, ensure that your passport will have at least 180 days until expiration on your re-entry date to the U.S. Otherwise some officers will deny you entry.

6.If your passport expires BEFORE the date that your status expires, DHS border officers will sometimes provide an I-94 card with an expiration date that matches your passport expiration date. CHECK THIS AT THE AIRPORT! If this happens, you should contact your immigration attorney immediately for assistance. You MUST renew your passport immediately and then ask DHS deferred inspections to amend your I-94 card to include the additional time given on your approval notice. If you do not do this, your status will expire as listed on the I-94 card.

7.Make sure to examine your I-94 card while you are still standing at the port of entry kiosk, to verify that the officer gave you the full authorized period of stay allowed by your underlying approval notice. Politely point out mistakes immediately, show the original I-797 approval notice and request a corrected I-94 card. If he or she refuses, speak with a manager. The expiration date listed on your I-94 card determines when you must leave the U.S., even if the officer makes a mistake. This can lead to an unintentional violation of status, inability to obtain extensions and 3-10 year bars from the U.S.

8.Common I-94 mistakes made by border officers include:
a. Using the expiration of your VISA as the end of your authorized stay, instead of the expiration date listed on your I-797 approval notice. THIS IS WRONG! You can and should have that corrected immediately. Show the officer your I-797 notice and request a supervisor if the officer is unwilling to correct the mistake.
b. Writing in the incorrect year

You can greatly minimize unintentional status violations and travel complications by following the simples steps outlined here. However, this list is not exhaustive. For that reason, please contact your immigration attorney before making any decisions or travel plans, as this will increase your ability to travel with ease.

If you think you need a lawyer to handle your immigration case, please contact Ms Troy to arrange a consultation to discuss your options. Located in San Francisco, Immigration Attorney Christine Troy can help guide you through the various legal processes and resolve any issues regarding your case. Ms Troy works on cases in San Francisco, the San Francisco Bay Area, Northern and Southern California, across the United States, and internationally.