Guide for Green-Card and Visa Holders: Essential Insights for Entering the U.S.

Given that visa holders and individuals with green cards face stricter scrutiny at U.S. airports, it is recommended for travelers to familiarize themselves with their rights and entitlements prior to completing their travel arrangements.

As the Trump administration increases scrutiny on entry to prevent illegal immigrants, some academic institutions, such as Brown University, have recently advised its international faculty and students to postpone all plans for traveling abroad , acting with "an excess of prudence."

Countries like Canada, Denmark, Ireland, and Germany have also adjusted their travel guidance regarding the U.S., cautioning their citizens that not adhering rigorously to U.S. entry requirements might result in detainment.

Narratives detailing the detention of green-card and visa holders in recent weeks have sparked concerns among travelers. Below are several advices from analysts, according to several media reports.

1. U nderstand your rights according to your immigration status

Typically, there are three primary classifications for individuals entering the United States, according to Stephanie Gee, who serves as the senior director of U.S. legal services at the International Refugee Assistance Project, as mentioned in her statement. NPR .

Although U.S. citizens have assured admission privileges, green-card holders are entitled to certain legal protections, indicating that solely an immigration judge can revoke their green card status.

Consequently, both U.S. citizens and green-card holders may decline to answer customs officers' inquiries or permit searches of their electronic devices, although such refusal might lead to entry delays.

According to Gee, travelers with temporary visas, typically held by students and tourists, have the "least privileges."

Customs officials have final say over whether these people enter and may easily deny access if a visa holder chooses not to answer the officers' queries.

Hence, visa holders must confirm that their documents have not lapsed and that they do not currently have any renewal applications outstanding.

TSA agents help passengers at a TSA checkpoint in the Miami International Airport on December 17, 2024 in Miami, Florida. Photo by AFP

2. Evaluate your personal risk, ideally with legal counsel

Various extra components might elevate a traveler's risk status.

Stephen Yale-Loehr, a former professor of immigration law at Cornell Law School, advised people from the 11 nations listed under the proposed "red" classification — where traveling to the U.S. would be completely banned — to thoroughly rethink their travel arrangements.

The listed countries encompass Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

Yale-Loehr similarly cited an initial roster of 43 countries possibly subject to a renewed travel restriction, as mentioned in the report by The New York Times earlier that month.

Individuals who have had their visa entries refused are typically put on the first subsequent flight returning them to their home country. Nonetheless, there have been cases where people were held for considerably longer durations, occasionally lasting several days or even weeks.

"It appears to be an increasing issue," he stated. NPR .

For individuals with green cards, activities like prolonged travel abroad could raise eyebrows when they return. Additionally, recent advice from several immigration lawyers suggests that green-card holders who have any criminal history, no matter how minor, should avoid traveling outside the United States.

Earlier that same month, during another incident, Fabian Schmidt—a 34-year-old electrical engineer with permanent residency status who hails from Germany—was moved into immigration custody after being apprehended at Boston’s Logan International Airport. The reason stemmed from an old misdemeanor conviction related to marijuana use more than ten years prior.

Gee stated that the suggested step is for green-card and visa holders to consult with an immigration lawyer to obtain tailored advice based on their specific situations.

Although this might be an activity you wouldn’t have typically thought about and your travels were usually routine," she cautioned, "it’s evident that immigration enforcement at airports is becoming more prevalent than it was previously.

3. Keep in mind that customs officials have the power to inspect your electronic devices.

U.S. Customs officials at ports of entry can halt people and assess whether they are permitted to enter the country. They have the right to inspect passengers’ belongings for restricted goods without needing particular cause. The Guardian.

Nevertheless, customs officials are not allowed to perform searches or inspections exclusively due to an individual's religion, race, national origin, gender, ethnicity, or political views.

The government argues that they have the authority to search travelers' electronic devices such as phones and laptops without having to provide a particular cause. Instances have occurred where customs officers have requested passwords from people entering or exiting the United States for their mobile phones or computers.

Although U.S. citizens cannot be denied entry for failing to provide passwords or unlock their devices, such actions can result in delays, more thorough questioning, and potentially having their devices seized for further examination by customs officials.

This rule should similarly extend to U.S. lawful permanent residents who were lawfully admitted and continue to uphold their immigrant status, since their green cards can't be invalidated without being reviewed by an immigration judge first.

4. Prepare for p otential i ssues at e ntry

The American Civil Liberties Union clarifies that travelers directed to undergo secondary inspection at the airport do not have a guaranteed right to legal representation during that process.

Yale-Loehr stated that keeping an immigration lawyer’s contact information easily accessible continues to be advantageous. Additionally, he recommends that travelers set up arrangements with a dependable friend who can be reached quickly in case of issues upon entering the United States.

Gee also mentioned that travelers requiring language assistance during inspections can ask for an interpreter.

"The tales are undoubtedly troubling," said Noor Zafar, a senior staff attorney handling immigrant cases. Washington Post .

"I think we’re just in a period of more aggressive policies being implemented at the border. And I think that requires people to take extra precautionary measures."