Travel Advisories for Foreign Nationals Entering the United States

Foreign nationals who are entering the United States or applying for visas or other travel benefits from outside the United States are advised that travel requirements and restrictions under the Trump administration may change quickly and without warning.

Mintz will be tracking travel bans and other travel warnings, and this page will be updated with new information as it arises.

Extra Precautions for Entry into the United States

The vast majority of individuals who are authorized to enter the United States are being inspected and admitted without issue. However, there have been numerous instances of individuals being detained and/or summarily removed (deported) from the United States based on questionable decision making and legal analysis by the Department of Homeland Security (DHS) and by Customs and Border Protection (CBP) officers.

In order to reduce risks with admission to the US, we advise the following:

• Carry thorough documentation of your eligibility to enter the US, which varies depending on your class of admission.
  • F-1 and J-1 students and scholars
    • Ensure that your most recent I-20 or DS-2019 has a timely endorsement for travel.
    • Carry current proof of enrollment, such as a current transcript or a letter from the University.
    • If currently working on CPT or OPT, carry proof of employment, such as two recent pay statements or a recently signed employment confirmation letter from your employer.
  • Employment-based visa holders
    • Carry your original Form I-797 or I-129S form, if applicable.
    • Carry proof of employment, such as two recent pay statements or a recently signed employment confirmation letter from your employer.
  • Travelers with parole
    • Carry proof of the underlying validity of your advance parole. Applicants for Adjustment of Status should also carry a copy of their Form I-485 receipt notice.
  • Visitors
    • Have proof of return transportation to your country of residence or another country outside the US.
    • Carry an itinerary and proof of lodging.
    • Individuals traveling for business should have an invitation letter from a US individual or entity, and an employment confirmation letter from their foreign employer, if applicable.
• Ensure that there are no compliance issues that can cause any problems.
  • If you have moved, ensure that you have changed your address with USCIS, and carry electronic proof that you have submitted a Change of Address to USCIS. Details on changing your address can be found here.
  • Ensure that you have complied with the Alien Registration requirement. Details can be found at this link.
  • If you hold an employment visa, ensure that there have been no material changes to your employment, which would require that an amended petition be filed to USCIS. Material changes can include:
    • A significant change in job duties;
    • A reduction in pay or hours worked; or
    • For H-1B, H-1B1, and E-3 visa holders, a change in worksite to a different metropolitan area.
• If you have ever been arrested or detained by law enforcement, you should consult with an immigration attorney prior to departing the United States and carry any necessary documentation to evidence that you are admissible to the United States.
• Be prepared for a search of your electronic devices.
  • There have been recent instances of individuals being detained based on photos or social media posts.
  • CBP has the authority to search an individual’s mobile phone, computer, camera, or other electronic devices while being inspected for admission to the US. CBP’s use of these searches is based on the stated goal “to identify and combat terrorist activity, child pornography, drug smuggling, human smuggling, bulk cash smuggling, human trafficking, export control violations, intellectual property rights violations, and visa fraud.” Travelers should be aware of this possibility and should restrict access to any sensitive company data if that is accessible on their phone or computer.
  • Be aware that USCIS can seize your electronic device(s), and for individuals entering with temporary status, CBP can refuse your admission to the US if you refuse to comply with a search. Lawful permanent residents can still be admitted to the US if they refuse to provide access to their electronic devices, however, permanent residents can be placed into immigration proceedings before an immigration judge if they do not comply.
  • Finally, if you feel that your civil rights have been violated by a CBP officer, you can file a complaint with the Department of Homeland Security.

Termination of Humanitarian Parole Programs

On January 20, 2025, an Executive Order included language instructing the termination of the “CHNV” Humanitarian Parole program, which was available to certain individuals from Cuba, Haiti, Nicaragua, and Venezuela. No new applications for CHNV can be filed. At present, Humanitarian Parole for these individuals has not been terminated, but we expect the Department of Homeland Security (DHS) to terminate parole status for these individuals soon, which will leave most of these individuals without lawful status and subject to removal proceedings.

Otherwise, US Customs and Border Protection (CBP) has confirmed that individuals with valid parole documents are still admissible to the United States. This was confirmed in a CBP Carrier Liaison Program update.

Multiple reports indicate that some individuals have been denied entry by CBP when presenting valid Form I-512 Advance Parole documents. Travelers can validate their entry documents with their airline prior to boarding a flight to the United States. Individuals entering the United States with a valid Form I-512 parole document, or with a Significant Public Benefit Parole approval, should also print out a copy of the CBP update.

Travel Bans

The Trump administration has announced that a new travel ban would be implemented within 60 days of the president’s inauguration.

We expect a new travel ban to be announced soon. In the prior Trump administration, later travel bans had a one-week notice period before taking effect. We would expect new travel bans to have a similar effective date. Foreign nationals who are abroad would be wise to remain travel-ready to return to the United States if new travel bans are enacted.

Potential Delays in Visa Processing at US Consular Posts

The Department of State (DOS) could both reduce staffing at United States embassies and consulates and increase the frequency of initiating administrative processing for visa applicants. Administrative processing delays visa issuance until the US Department of State (DOS) can conduct additional background screening. Foreign nationals who are traveling internationally and who must apply for a visa to return to the United States should plan for possible delays in visa processing.

Additional information on administrative processing for visa applicants can be found in our Mintz Resource Memo.

Limited Visa Appointment Availability

DOS announced on February 18, 2025, that it was restricting the categories of applicants who are eligible for a waiver of the in-person interview requirement for a nonimmigrant (temporary) visa. Previously, many nonimmigrant visa applicants were granted a waiver of the in-person interview requirement if they were applying for a visa in the same visa classification and had a prior visa that had expired less than 48 months ago.

The new policy restricts interview waiver eligibility to applicants who are applying for a visa in the same visa classification and had a prior visa that had expired less than 12 months ago; and to applicants of A, G, or NATO visas, or diplomatic visas. As was the case with the previous policy, applicants must also meet the following criteria:

• Apply in their country of nationality or residence;
• Have never been refused a visa (unless such refusal was overcome or waived); and
• Have no apparent or potential ineligibility.

This new policy will place additional demand for in-person visa appointments and will likely result in longer delays in obtaining visa appointments at US consular posts.

For further questions about travel risks and restrictions, please contact your Mintz Immigration Attorney.

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