Getting Ready to Travel During the Holidays
Whether you celebrate Christmas, Hannukah, Kwanza, New Year,, the holidays in December are always an exciting and busy time of the year, when folks are traveling to visit loved ones or a new place. This is usually the time when foreign nationals travel to their home countries to bewith family and friends. If you are in the U.S. working or studying on a visa, or waiting for your green card here, it’s important to plan early and to properly prepare for your international travel during the holiday season. Here are some tips that can help you have a seamless and enjoyable trip back to the United States:
- Check your passport expiration date and make sure it is valid for at least six (6) months after your return date. Don’t forget your children’s passports – they typically have shorter duration. It may be very difficult to renew your passport last-minute, if you miss an upcoming expiration date.
- Unless you are visa exempt, for your return to the U.S. as a nonimmigrant, make sure you have a valid visa stamped in your passport. Note that you can use a visa in the same category, even if the visa was originally issued based on a different petition, if it is still valid, so long as you have the original valid I-797 approval notice for your status (H, L, TN, etc.).
- If you are traveling on a short trip to Mexico, Canda, or another contiguous territory to the U.S. for less than 30 days, you may be able to travel with an expired visa stamp, so long as you have a valid multiple entry I-94 card or I-797 approval notice. The application of this contiguous territory rule (aka visa revalidation rule) can be confusing so please check with counsel before relying on it.
- If you need to get a new visa stamp at the U.S. Consulate abroad while you are away, make sure you schedule your visa appointment early or follow the Consulate’s specific procedure for a visa renewal, if eligible for a interview waiver. Note that during the holiday season, many government offices worldwide will close or have reduced staff and operating hours, likely resulting in processing delays for visas over the coming weeks and into the new year.
- If applying for a new visa stamp at the U.S. Consulate, be aware of administrative processing (aka “221g”) where Consular officers might initially refuse your visa and request additional information or conduct further background checks, which will delay the issuance of your visa with several days or even week, thus causing changes in your travel plans.
- If you are in the adjustment of status (AOS/ I-485) process in the U.S., make sure you have a valid advance parole (AP) document in your hands before you depart the U.S. Otherwise, your departure from the U.S. may lead to an abandonment of your AOS application. There are limited exceptions to this rule if you are in H or L status in the United States so it’s important to check with your immigration counsel first. There is also very limited possibility to expedite the issuance of the AP, if your travel is due to exceptional, unpredictable circumstances, but such an expeditious processing is discretionary and not, guaranteed.
- If you are a foreign student or an exchange visitor on F or J visa in the U.S., make sure you have not only the F or J visa stamp for travel (unless you are a Canadian citizen) but also, a properly endorsed Form I-20 or DS-2019 by the responsible officer. If you are working as a student after graduation, you will need additional documents to carry with you for your return to the U.S.
- Lastly, if you are in the U.S. as a nonimmigrant and have a pending application for extension of stay or change of status, you need to consult with your immigration attorney as to the impact of your departure on your pending application.
Please remember the above tips are meant only as a general information and each individual case is different, so best to check with your immigration attorney first before finalizing your travel plans or leaving on your trip. We wish you safe travels and happy holidays!