Visa Travel FAQs: Immigration Lawyer’s Advice on Holiday Travel

With the holidays around the corner, many of you might be planning to leave the country and enjoy the festivities abroad. But with so many immigration policy shifts over the last few weeks—from the expanded travel ban to delayed consular appointments—it’s also understandable that you may have concerns and questions about traveling on a visa or with a Green Card.

If this is you, don’t worry. Most foreign nationals who have a valid visa or Green Card are still able to leave and re-enter the country this year without any issues. However, you’ll need to make sure you have all the necessary travel documents before you go on a holiday trip abroad.

What to expect when traveling outside the U.S. on a visa or with a Green Card

Generally speaking, you need a current passport and a valid visa stamp to travel outside of the U.S. If you’re not a Green Card holder and are traveling on a nonimmigrant visa, you may need to provide additional documents, such as Form DS-2019 or an I-797 approval notice.

When you reenter the U.S., you’ll need to go through an inspection with Customs and Border Protection. Prior to boarding your return flight, make sure you have your required and recommended travel documents on hand. An officer might ask you questions, usually about why you went abroad and why you’re returning to the U.S.

Most likely, you’re not going to experience any trouble during the actual inspection. But you should be prepared to give confident, honest answers that align with your visa category.

Here are some actionable steps you should take before traveling abroad:

1. Check the validity of your passport, visa, and other travel documents
2. Collect copies of additional evidence as needed
3. Verify if traveling abroad would compromise your current or pending immigration status
4. Create a backup plan in case you experience flight delays

Ultimately, for any foreign national living and/or working in the U.S., I also strongly recommend checking in with an immigration attorney before traveling. They’ll be able to understand the nuances of your case and advise on risks unique to your situation. You can always request a consultation with our team at Manifest Law or book a free, 15-minute call with an attorney to ask your legal questions.

Happy holidays!

Sincerely,

General FAQs about traveling abroad with a visa

Who should not travel this holiday season?

Even with permanent residency, CBP may deny your entry to the U.S. if you fall under their inadmissibility category. Individuals who should avoid traveling this holiday season include:

• DACA recipients without a valid travel document
• Those with a current history of controlled substance abuse, including marijuana
• Those with pending advanced parole status who don’t have a valid underlying status
• Those with a prior removal or expedited removal order
• Those with a serious criminal conviction, such as drug or human trafficking

What documents do you need to carry when traveling on a visa? 

Generally speaking, you’ll need a current passport and a valid visa stamp to travel outside of the U.S. If you’re not a Green Card holder and are traveling on a nonimmigrant visa, you may need to provide additional documents, such as Form DS-2019 or an I-797 approval notice.

How should travelers prepare for CBP inspection?

To prepare for a primary CBP inspection, make sure you have your required and recommended travel documents on hand. Do not check them in with your luggage, as you may not be able to access them until you pass. 

During the inspection, make sure that you are giving confident answers that align with your visa category. For example, if you’re entering the U.S. on a tourist visa, you should not say you’re coming here to work or live permanently.

What are the top travel mistakes you see visa holders make each year?

As an immigration attorney, I would say the most common mistakes people make while traveling in and out of the U.S. include:

• Not carrying the original I-797 approval notice
• Not checking the I-94 expiration (unlawful presence risk)
• Ignoring truncated I-94s issued at the port of entry
• Assuming CBP, USCIS, and DOS “communicate”
• Being disrespectful or unprepared at CBP
• Not carrying proof of employment (paystubs, offer letter)
• Not disclosing prior arrests
• Not preparing for phone or social media inspection

FAQs about visa stamps and traveling

What’s your guidance for travelers whose visa stamp will expire soon (within 30-60 days)?

As long as you return before your visa stamp expires, you should be able to return to the U.S. without a problem. You can also travel safely if you get a new visa stamp abroad.

Before leaving the U.S., keep in mind that visa appointment wait times are long, and that flight delays are common during the holiday season. For these reasons, I recommend proceeding with caution if your visa stamp will expire soon.

Is it safe to travel with an expired visa stamp but a valid I-797 approval?

In most cases, no. The Department of Homeland Security does not consider an I-797 approval notice a sufficient travel document. In order to re-enter the U.S., you’ll need a valid visa stamp in addition to Form I-797. (Or, an approved advanced parole.) 

Do I need a new visa stamp if I recently changed employers?

As long as your visa stamp remains valid, changing employers should not affect your ability to travel. But when you return to the U.S., you must have a new approved I-797 notice that says USCIS has approved your new employer.

When would I need to get a new visa stamp to return to the U.S.?

In most cases, you’d need to get a new visa stamp if:

• Your current visa stamp expired while you were abroad, even if you have a valid Form I-94 
• You applied for a new visa abroad, were approved, but have not gotten a visa stamp yet 
• You have an expired visa stamp and your trip does not qualify for Automatic Visa Revalidation

FAQs for specific types of visas 

What do F-1 visa holders need to do to prepare for travel? 

If you’re traveling out of the country on an F-1 visa, you’ll need to bring your:

• Passport
• F-1 visa
• Most recent Form I-20
• Receipt of the I-901 SEVIS fee

Currently enrolled F-1 students should carry additional proof of enrollment, such as transcripts, in case an officer requests it. Graduates on OPT should wait until they receive their EADs and have other employment documents (like hiring letters) on hand.

What do O-1 visa holders need to do to prepare for travel? 

To travel outside of the U.S., O-1 visa holders need to bring:

• Passport
• Valid visa stamp
• I-797 approval notice

What do H-1B visa holders need to do to prepare for travel? 

To travel internationally with an H-1B visa, you’ll need to bring the following documents:

• Passport
• Valid H-1B visa stamp
• Approved Form I-797 Notice

H-1B holders are also recommended to carry evidence of employment, such as recent pay stubs or job offer letters. Those who received their visas before September 21 do not need to pay the $100,000 fee when reentering the U.S.

Can I travel with a pending visa renewal or extension of stay?

Those with pending renewals or extensions of stay are allowed to travel, but it can be extremely risky. In many cases, USCIS may consider someone’s application abandoned if they:

• Leave the country while their case is pending, and
• Don’t have a valid visa status that allows them to travel

USCIS and CBP do not consider flight delays or cancellations valid excuses for entering the U.S. with an expired passport or visa. I recommend that foreign nationals avoid travel if it could jeopardize their status. Specifically, if your immigration status or passport is close to expiring, avoid international travel, no matter the reason. USCIS and CBP will not treat flight delays or cancellations as valid excuses for re-entering the U.S. with an expired document, and a nearly expired passport can even cause your I-94 to be cut short without you realizing it.

Can I travel with a pending advance parole?

If you have a pending advance parole application (for example, as part of a pending Adjustment of Status), you cannot travel outside the U.S. until it is approved. Leaving the country before receiving your advance parole document will may cause USCIS to consider your AOS application abandoned.

Can I travel while my new I-129 petition is still pending?

In most cases, you can travel while your new employer’s petition is still pending. However, you must have a receipt notice from USCIS that proves your sponsor filed on time.

FAQs about travel delays or emergencies

Where do you personally check for consular closures or holiday slowdowns?

To see updates for your specific consular update, use the Department of State’s official list for embassies. The site lets you look up your regional embassy and find status updates on holiday closures or slowdowns.  

What backup options exist if someone gets stuck abroad waiting for a visa appointment?

If you’re stuck abroad and need to return to the U.S. quickly, you can request an expedited visa appointment with your local embassy or consular office. However, keep in mind that consulates only grant these for emergencies like urgent medical needs. An embassy may also deny your expedited appointment request if it lacks the capacity to process you early. 

If traveling would put you at re-entry risk, it may be more advisable to remain in the U.S. until you obtain the right authorization and documents. Before traveling, talk to an immigration attorney about whether leaving the U.S. is advisable for your specific situation. 

Worried about traveling as a visa or Green Card holder? Our immigration lawyers can offer you tailored advice when it comes to leaving and reentering the U.S. Request a consultation to learn more.