US vice -president JD Vance recently stated that “a green card does not give a person uncertain rights to live in the United States” – a statement that has become a cause of great concern and stress for millions of Indian origin migrants. Over the last few weeks, the US immigration rules have been significantly tightened, motivating immigration lawyers to release travel risk advice for Indian Green Card and H -1B holders.
Due to the massive action of the Trump administration on the immigrants – both the illegal and legal – major immigration agencies of the US have increased the investigation of those traveling abroad and even increased greatly for those who return to the country.
The agencies investigating who are leaving or entering the United States include:
- US citizenship and immigration services or usCis
- Immigration and customs enforcement or ice
- Homeland Security or DHS Department
- Customs and Border Security or CBP
Millions of Indians living, working or studying in the US are either a green card or H -1B or F -1 visa. They have now come under investigation at a port of entry while returning to America. While permanent residents and legal visa holders do not need to worry about their residence or functioning status, these enhanced checks will definitely test their patience.
Donald Trump has started an increased investigation after announcing a plan to stop or restrict people from 43 countries to enter the United States. In the immediate neighborhood of India, Pakistan, Afghanistan and Bhutan are on that list. Although Indians, who are known as law-rearing and tax-paying person are not in any travel restriction or restricted list, immigration lawyers have advised to take more precautions while planning a journey outside the United States.
Increased checks, they say, visa stamping has resulted in massive backlogs. The number of people detained has also increased in the last few weeks. The backlog is not only at the port of entry, but also in the US embassies and globally consulates, which are facing heavy administrative challenges due to updated rules.
Applications and documentation scrutiny has now undergone additional reviews at each stage, which has delayed unprecedented. The documentation is reportedly stuck without any clear reason why this is happening. As a result, the deadline to process an application is increasing.
Legal experts have advised Green Card (Permanent Residents), H -1B (highly -efficient professionals), and F -1 (students) visa holders keeping in mind the following check -list while making travel plans:
- Passport of Passenger Home Country
- Valid Green Card (Form I -551) – Document deadline should not end.
- Valid and unexplained H-1B or F-1 visa, allows many entries in America
- US RE -Entry Permit (wherever applied) – for those traveling out of America 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 last one year.
- Payslip, pay slip, or valid income proof for the most recent 3 months (provided by employers)
- Describing the period of recognized letter study from college or university.
- Valid documents of American bank account (at least one primary account)
- Valid American driving license
In addition, experts have advised passengers to be ready:
- Those who are returning to America after extended abroad, should be prepared for a detailed and prolonged Q&A session with customs and border authorities.
- Cooperate in the entire process and remain calm.
- Secondary inspections may take two hours to clean at a port of entry.
- Staying outside the US for more than six months is likely to undergo additional investigation.
- Do not allow your green card or visa to end. Renew them well before the expiration date.
- If a person’s green card is canceled, an option is available to file for an appeal with the USCIS or Immigration Court.
- Those who have terminated their education in the US under F -1 visa and switching on H -1B or other work visas can face extended investigation.
- Those who had ended the H-1B visa over a year ago and filed for an extension or renewal, can face additional investigation.
