The holidays are quickly approaching, and for foreign nationals planning to travel abroad now is a great time to ensure that all immigration documents are in order and to be aware of the current travel restrictions. 

Visa Processing delays

There has been a significant backlog of cases with several consulates. Due to the backlog, obtaining an appointment for a visa at a consulate is taking many months. When traveling abroad, please plan for additional time for visa stamping appointments.

Visa Stamps

In general, nonimmigrants with an expired visa stamp will need to obtain a new one before returning to the U.S. There is an exception for those with a valid I-94 travelling only to Canada or Mexico for fewer than 30 days, who meet certain criteria, through a process called automatic revalidation. Citizens from Iran, Sudan, or Syria with an expired visa, as well as those who have applied and are waiting for a visa stamp, or had a visa denied, will need to obtain a valid visa stamp regardless of the length of stay in Canada or Mexico.

Those travelling to other countries or who plan to stay in Canada or Mexico for more than 30 days, should plan to obtain a new visa stamp before returning to the U.S. 

It is also important that the visa stamp be valid for the correct visa category. For example, if an individual changed from F-1 to H-1B on October 1 and has not yet received a new visa stamp, that person will need a new H-1B visa stamp to re-enter the country. 

Appointments for visa stamping should be made as early as possible as appointments may be limited due to local and U.S. holidays. Each U.S. consulate lists its holiday closures on its website, and estimated visa appointment and processing wait times can be found on the U.S. Department of State’s website. 

Citizens of Canada generally do not need a visa stamp.

Pending Cases with USCIS

Those with a currently pending case with USCIS should consult with their or their employer’s immigration attorney to determine any travel risks.

Individuals with pending nonimmigrant cases for change of status or extension of status generally should not travel abroad until the case is adjudicated. Leaving the U.S. while the case is still pending may result in the case being approved for consular processing thus requiring the individual to leave the U.S., obtain a visa stamp, and re-enter in order to “activate” the new approval.

Those with pending adjustment of status cases may need to have a valid advanced parole document to re-enter the U.S. Individuals on dual intent visas such as H-1B, H-4, L-1, and L-2 can return to the U.S. with their valid visa.

Passport validity

Passports should be valid for the period of intended stay. If entering with a passport that expires before end date on the I-797 approval notice, U.S. Customs and Border Protection may shorten the new I-94 to match the passport expiration date. Individuals from certain countries must have passports valid for at least six months beyond the period of the intended stay, however, most countries are exempt from this requirement.

Re-entering the United States

When returning to the U.S. on a nonimmigrant status we suggest carrying the following documents:

• Current passport
• Current I-797 approval notice
• Two most recent paychecks
• Signed employment verification letter confirming current position, wage, etc.

Additionally, individuals should be ready to answer basic questions posed by U.S. customs and immigration officials, such as:

• What is the name of your employer?
• What is your job title?
• Where do you work?
• How long do you expect to stay in the United States?

Students on M-1 or F-1 status should hand carry the following documents:

• Current passport
• Student visa
• Form I-20

Any student that is admitted but receives a Form I-515A, “Notice to Student or Exchange Visitor” from the CBP officer should immediately contact their school’s Designated School Official (“DSO”) for assistance.

Upon returning to the U.S., all foreign nationals should take a moment to obtain their most recent I-94 so they are aware of their status expiration date. Each person should also review their I-94 record for consistency with other immigration records. If there is an inconsistency, please contact us immediately for advice on correcting the mistake.

Our recommendation

Individuals who do not have a valid visa stamps should not plan any international travel during the holidays. Given the upcoming change in administrations, it is also recommended that individuals who do plan to travel abroad for the holidays, return before January 20, 2025.

As always, if you or your employees have any questions about traveling during the holidays or at other times during the year, reach out to your designated Meltzer Hellrung attorney.

We wish a happy holiday season to you and your family.