In recent weeks, international travel has become more complicated for many U.S.-based travelers. A series of executive orders and policy shifts in 2025 seem to have altered the landscape of immigration enforcement and border procedures. News reports of delays, secondary inspection, and additional questioning for lawful permanent residents (green card holders), visa holders, and even United States citizens, have caused concerns for those traveling abroad and re-entering the United States.
While the administration has not yet issued a formal, country-specific travel ban as seen in prior years, a new travel ban has been proposed and is under active review. This proposed policy, along with recently issued executive action and Department of Homeland Security (DHS) guidance have heightened vetting procedures at ports of entry. These developments have arisen just weeks after related immigration enforcement priorities, such as proposals to expand the use of administrative warrants, increased scrutiny of visa issuance and renewals, and expedited removals of noncitizens deemed inadmissible at the border or deportable while already in the country.
Understandably, international travelers have many questions about traveling internationally right now. Below is practical guidance for individuals planning international travel and intending to return to the U.S. in the coming weeks or months.
General International Travel Advice
- Carry Complete Documentation: Ensure you travel with your original passport, valid visa (if applicable), approval notices, employment verification letters, and any other relevant travel documents. Keep digital and paper copies in separate, accessible locations.
- Be Prepared for Secondary Inspection: U.S. Customs and Border Protection (CBP) officers may refer travelers to secondary inspection for additional questioning, even if they have traveled without issue in the past. This is not necessarily cause for concern. Travelers should remain calm, answer questions truthfully, and contact counsel if detained during the secondary inspection process.
- Avoid Traveling on Expired Documents: Renew your passport, visa, or green card before travel if they will expire within six months of the date you plan to re-enter the U.S. Many countries and/or airlines have minimum validity date requirements.
- Monitor Policy Updates: Policies can shift quickly. Check with DHS, CBP, or the U.S. embassy/consulate in your destination country before traveling.
For U.S. Citizens
- U.S. citizens have an absolute right to re-enter the United States, but some have reported heightened questioning based on dual nationality, prior travel history, or other factors.
- Ensure your U.S. passport is valid for at least six months and that any foreign passport you carry does not conflict with your U.S. entry.
- U.S. citizens should not be denied re-entry but can be delayed—sometimes significantly—especially if flagged in a government database or selected for advanced screening.
- Immigration officers may request to view your cell phone or other devices. Consider deleting social media applications such as TikTok, Facebook, Instagram, or X (formerly Twitter) from your devices before you are inspected by an immigration officer.
For U.S. Lawful Permanent Residents (Green Card Holders)
- Carry your unexpired green card and any supporting evidence of ties to the U.S., such as proof of residence, employment, or family relationships.
- Avoid very lengthy trips abroad without first seeking legal advice. Absences of over 180 days may trigger additional scrutiny or raise “abandonment of residence” concerns.
- If your green card is expired or will expire soon, obtain proof of renewal (e.g., I-797 receipt notice) before returning.
For Nonimmigrant Visa Holders (e.g., H-1B, L-1, F-1, J-1, O-1, TN, H-1B1, E-2, R-1, B-1/B-2)
- Ensure your visa is valid and that you carry all required documentation, including recent pay stubs, I-797 approval notices, and support letters from your employer or school.
- Dual Intent Visa Holders (H-1B and L-1): These visa categories allow for the possibility of pursuing permanent residency while maintaining nonimmigrant status. However, travelers may still face questioning about their intent to return to their home country if their green card process is pending.
- Strict Nonimmigrant Intent Visa Holders (e.g., TN, F-1, B-1/B-2, J-1, and more): These travelers must demonstrate an intent to return abroad after their authorized stay in the United States. Carry evidence of ties to your home country, such as property ownership, enrollment in a program, or an employment contract abroad.
- Be aware that consular processing delays and visa appointment backlogs can be significant obstacles at the U.S. embassies and consulates in many countries.
Final Thoughts
International travel from the U.S. (without headache) is still routine for most individuals, no matter your status. However, travelers should prepare documentation and explanations with care, stay informed, and consult legal counsel when serious questions arise. Policies and practices at the border are evolving, and what may have been routine in the past may now require additional planning.
With thoughtful preparation and up-to-date information, travelers can minimize risk and navigate re-entry successfully.
If you have concerns about upcoming travel, changes in your immigration status, or visa processing, please contact us well in advance of your departure date, if possible. We are here to help.
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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.