As the holiday season approaches, we want to remind our clients who may be traveling internationally in the next 1-3 months to pay extra special attention to your immigration documents so that you avoid being denied readmission back to the U.S.   Here are some tips: 

Non-Immigrants

If you are a national or citizen of Iran, Iraq, Sudan, Syria or Libya and you are in the U.S. as a nonimmigrant or you will be entering the U.S. as a non-immigrant, please read our recent alerts regarding Special Registration posted on our website.

If you are in nonimmigrant status (such as an H-1B, L-1 or O-1) and are currently maintaining that status with your sponsoring employer, you MUST have the following items to reenter the U.S.: 

Passport: Unless you are Canadian and traveling only to Canada, you will need a passport. It is important that your passport be valid at least up to the time that the nonimmigrant visa petition approval expires so that you will be admitted for the duration of the time listed on the approval notice;

Visa: Unless you are a visa-exempt Canadian citizen or landed immigrant, you must have a valid, un-expired visa stamp in your passport in the same classification as you are currently holding (i.e., don't use an unexpired F-1 or B-2 visa to return to work as an H-1B);

INS Petition Approval Notice: If you are in H-1B or L-1 status, you must carry the original approval notice. If you entered on a blanket L-1 approval, you must carry the copy of the approval notice. See below.

Proof of Employment: Copies of your latest 2 pay stubs from your sponsoring employer along with an up to date employment verification letter;

Proof of Relationship: Marriage certificate and/or birth certificate(s) of any dependent family members who are traveling with you and have a dependent visa (e.g., H-4, L-2);

Identification: State driver's license or identification (ID) card with photo showing your current address;

Proof of Address: If you have moved, copy of Form AR-11 Notice of Address change showing that you have notified the INS of azny change of address within 10 days of the last change. If you do not have time to change your state photo ID card to your current address, you should have a copy of an AR-11 showing you complied with the address change notification requirements.  See our web site under FAQ for "Change of Address" (AR-11 form) for details. 

If you are in H-1B status and you have a multiple entry, unexpired H1B visa stamp in your passport and have changed employers, you must have the ORIGINAL approval notice (Form I-797A) for the new employer as well as the other evidence listed above.   Please note that you do not need a visa stamp in the name of your current employer and that you should be re-admitted to the date of expiration listed on the new employer's H-1B approval notice.   Check your I-94 carefully upon return and please review the memorandum on our website entitled Travel Checklist which explains in detail the importance of reviewing your I-94 upon entry into the United States. 

If you are in H-1B status and have a multiple entry, unexpired H-1B visa stamp in your passport and have changed employers but the "transfer" petition is still pending, you can reenter the country utilizing that visa stamp.  However, be sure to show the INS inspector your I-797C receipt notice for the new petition as well as the other evidence listed above.  Note that you will be admitted only to the date of expiration of the visa stamp. When the transfer petition is approved, your new I-94 attached to the H-1B approval notice extends your status.  

If you are an applicant for adjustment of status, you must have a valid passport and either an unexpired, multiple entry H-1B or L-1B visa stamp plus the original I-485 receipt notice(s) OR a valid, unexpired Advance Parole travel permission.  The same is true for all family members. Please note that if the principal beneficiary (H-1B/L-1) enters using an Advance Parole Document, all family members must also enter using Advance Parole unless they are H-1B or L-1 nonimmigrants in their own right. Be sure to review our memo on traveling after filing for adjustment of status. Click on FAQ link on our web site.  

* Special Note re pending adjustment applicants in O-1 and any other status besides L and H:  You cannot reenter the country using an O-1 visa or any other visa and I-797 and must have advance parole. 

Lawful Permanent Residents 

If you are a Lawful Permanent Resident, you must carry your Permanent Resident Card (i.e., "alien registration card" or "green card") along with a valid passport (unless you are Canadian and are traveling only to Canada). If you also have a Reentry Permit, be prepared to present this document. 

If you have not yet received your Green Card (new or replacement), make sure you have an unexpired I-551 stamp in your passport that states "Processed for I-551 temporary evidence of lawful admission for permanent residence valid until ______. Employment authorized."   If this stamp is expired and you do not have the Green Card, do NOT travel, even if you have applied for a replacement of lost card or renewed card. You must appear at the INS office to request a new stamp before departing the U.S. 

If you have been absent from the U.S. for a period of time in excess of six (6) continuous months and have been advised by an Immigration Inspector to secure a Reentry Permit the next time you travel, please contact our office for advice. 

If you need to apply for a visa, please see our web site under "Travel Issues" for instructions.  Be aware that security background checks can delay visa issuance at any U.S. Consulate for several days or several weeks.   You should not assume that you will receive a visa, even if you had no problems or delays in the past, and should plan accordingly. Please see the news story entitled Nonimmigrant Visa Delays on our website.

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