For immigrants in the United States, traveling outside the U.S. carries significant risks. With the current political climate and ongoing policy changes, we’ve been getting many questions about whether it is safe to travel outside of the United States, whether to visit friends and family back home, or go on a relaxing vacation. While every situation is unique, we wanted to share some general travel advice. Whether you are undocumented, on a visa or temporary status, or a lawful permanent resident (LPR), knowing your rights and planning ahead can help ensure a safer journey.
Below, we outline our general advice for immigrants based on their current status. However, please note that this advice can change at any time—this is shifting quickly, and what is true today may not be true tomorrow. Additionally, there are no guarantees with immigration, so consider all the benefits and risks and make an informed decision that is best for you.
Lawful Permanent Residents
Lawful permanent residents (green card holders) can generally travel freely and should always be allowed back into the U.S. However, there are some precautions you should take. If you have current criminal issues, you should not travel. If you have past criminal issues, such as old arrests or convictions, you should carry certified dispositions with you in your carry-on. If you have been politically vocal on social media, you may want to remove those apps from your devices before returning to the U.S. to avoid issues.
Also, remember that absences of more than six months may raise questions about residency status upon return. In extreme cases, prolonged absences can suggest abandonment of permanent residency. Those with pending naturalization applications should also be mindful that extended travel could affect their eligibility.
However, there are only two ways to lose LPR status:
- If you sign away your status: Upon entry, ICE or CBP agents can present you with a form to rescind your LPR status, should you want to. We have heard reports of agents trying to coerce LPRs into signing, but know that you are NOT obligated to.
- If you get placed in removal proceedings and an immigration judge decides to revoke your green card: While at the airport, ICE can issue a Notice to Appear, which places you in removal proceedings. You’ll have to explain to an Immigration Judge why you should keep your green card. While this may sound scary, there are ways to fight this.
Visa Holders
Temporary visa holders must carefully review the conditions of their visa to ensure they are permitted to leave and return without issue. Many visas require re-application or additional approvals for re-entry.
Undocumented Immigrants
Undocumented immigrants should generally avoid international travel, as returning to the U.S. is nearly impossible without special advance parole authorization. Even with permission, re-entry is not guaranteed, and travelers may be subject to additional scrutiny.
DACA and Other Temporary Status
DACA recipients and individuals with other forms of temporary protection should seek legal advice before traveling internationally. Some may be eligible for advance parole, but this requires careful planning and approval before departure.
Advance Parole
Traveling with Advance Parole can be risky because it is discretionary, meaning that CBP does not have to let you back into the U.S. If you have current criminal issues, you should not travel. If you have past criminal issues, such as old arrests or convictions, you should carry certified dispositions with you in your carry-on. If you have been politically vocal on social media, you may want to remove those apps from your devices before returning to the U.S. to avoid issues. With imminent travel bans, there is also a risk that your country of citizenship will be placed on a banned list while you are outside the U.S. and then will not be allowed back in.
However, it is still generally safe for most people. Currently, most Advance Parole recipients are traveling without issues, though there are certainly exceptions.
Protecting Yourself While Traveling
Planning ahead and getting advice from an immigration attorney before traveling can help ensure a safer trip, regardless of your immigration status. This includes understanding the potential risks and legal implications involved, as well as researching your travel routes and the laws of the states you’ll be passing through.
Creating a safety plan is also crucial. This involves designating emergency contacts, memorizing essential phone numbers, and protecting your electronic devices with strong passwords rather than fingerprints or patterns. For parents, establishing a power of attorney (POA) can ensure your children’s care in unforeseen circumstances.
Remember that you have constitutional rights that protect you during encounters with immigration enforcement. Whether at an airport, border, train, or public area, you have the right to remain silent and don’t have to answer questions about your immigration status or origin if stopped by ICE or CBP. Law enforcement needs your consent to search without a warrant, and you have the right to request an attorney and should never sign any documents without legal counsel.
By knowing and asserting your rights, you can protect yourself from unlawful questioning or detention. However, note that if you are denied re-entry to the United States, there is no right to an attorney at the airport. We would most likely be unable to assist you.
Final Thoughts
For immigrants, travel abroad is never as simple as booking a flight or hitting the road. The risks vary based on immigration status, location, and method of travel. That is why, given the current immigration landscape, we strongly advise all non-U.S. citizens to approach travel with extreme caution and avoid it whenever possible. The safest option is to avoid travel unless absolutely necessary. If you choose to travel, please do so fully aware of the potential complications and delays.
If you have any concerns about your immigration status and how travel abroad might affect you, our team is here to help. Reach out and let us assist you in making informed decisions about your travel plans.
For information on domestic travel, read our blog here. For more details on protecting your digital rights when entering the U.S., check out our recent blog on the topic.