US Vice President JD Vance recently said that “A green card does not give an individual an indefinite right to stay in the United States” – a statement that has become a cause of much anxiety and stress for millions of immigrants of Indian origin. Over the past few weeks, US immigration rules have been tightened significantly, prompting immigration attorneys to issue travel risk advisories for Indian Green Card and H-1B holders.
Due to the Trump Administration’s massive crackdown on immigrants – both illegal and legal – key immigration agencies of the US have enhanced scrutiny of those travelling abroad and even more greatly heightened checks for those who return to the country.
The agencies that keep a check of who is leaving or entering the United States include:
- US Citizenship and Immigration Services or USCIS
- Immigration and Customs Enforcement or ICE
- Department of Homeland Security or DHS
- Customs and Border Protection or CBP
Millions of Indians living, working or studying in the US hold either a Green Card or an H-1B or F-1 visas. These have now come under scrutiny at a port of entry while returning to the US. While permanent residents and legal visa holders don’t need to worry about the status of their residency or work validity, these enhanced checks will definitely be a test of their patience.
Enhanced checks have begun after Donald Trump announced plans to curb or restrict people from 43 nations to enter the United States. In India’s immediate neighbourhood, Pakistan, Afghanistan, and Bhutan are on that list. Though Indians, who are known to be law-abiding and tax-paying individuals, are not on any travel ban or restricted list, immigration attorneys have advised greater caution while planning travel outside the United States.
Heightened checks, they say, have resulted in a massive backlog in visa stamping. The number of people getting detained have also surged in the past few weeks. The backlog is not just at the port of entry, but also across US embassies and consulates globally, which are facing huge administrative challenges due to the updated rules.
Application and documentation scrutiny have now got to go through additional reviews at every stage, leading to unprecedented delays. Documentation is reportedly getting stuck with no clear reasons being given as to why it is happening. As a result, the time frame to process an application is getting stretched.
Legal experts have advised Green Card (permanent residents), H-1B (highly-skilled professionals), and F-1 (students) visa holders to keep the following check-list in mind while making travel plans:
- Passport of the traveller’s home country
- Valid Green Card (Form I-551) – document must not be expired.
- Valid and unexpired H-1B or F-1 visa, permitting multiple entries into the US
- US Re-Entry Permit (wherever applicable) – For those travelling out of the US for more than 1 year, but less than 2 years
- Employment verification letter
- W-2 form and proof of payment of federal income tax for the previous one year.
- Payslip, salary slip, or valid income proof for the most recent 3 months (provided by employer)
- Valid letter from the college or university stating the duration of study.
- Valid documents of US bank accounts (at least one primary account)
- Valid US driving licence
In addition to this, experts have advised travellers to be prepared for:
- Those who are returning to the US after an extended stay overseas should be prepared for detailed and lengthy Q&A sessions with Customs and Border officials.
- Cooperate and remain calm throughout the process.
- Secondary inspections may take over two hours to clear at a port of entry.
- A stay of more than six months outside the US is likely to result in additional scrutiny.
- Do not let your Green Card or visa expire. Renew them well before the expiry date.
- If a person’s Green Card is revoked, an option is available to file for an appeal with the USCIS or immigration court.
- Those who have finished their education in the US under an F-1 visa and have switched to an H-1B or other work visa, may face extended scrutiny.
- Those whose H-1B visa expired more than a year ago and have filed for an extension or renewal may face additional scrutiny.