This holiday season, foreign nationals, including U.S. visa holders and lawful permanent residents should be more sensitive to the heightened immigration policies which have resulted in increased scrutiny at U.S. ports of entry and U.S. consular posts globally. In this alert, our Business & Corporate Immigration team provides some preliminary advice to assist in your smooth travel as you plan for the season.

Departures and Returns to the USA

Foreign nationals planning international travel during the holiday season should assure that their foreign passports and all U.S. immigration documentation remain valid. Further, preparing and planning also involves assuring that a U.S. visa issued remains valid at the time of U.S. entry, as well as reflects the appropriate visa status and expiration date. For most nonimmigrant visa holders, the presentation of Form I797A (Notice of Action for approved petition) is also necessary.  For L1 Blanket visa holders, it is appropriate to have in one’s possession their endorsed 129S blanket visa form with valid stamp from a consular officer. Canadian citizens remain visa exempt but must present evidence of approved nonimmigrant visa status.

It is worth noting that some countries are automatically recognized for passport extension of six months beyond current document expiration. Those countries are listed here: Six-Month Passport Exemption Update 20250410.pdf.

Adjustment of Status Applicants- Assuring your Return to the USA in Valid Status

Some applicants for adjustment of status (U.S. permanent residence) will be required to obtain advance permission to travel to depart and return to the U.S. while applications for residence are pending. The document issued in conjunction with the advance travel permission is known as an “advance parole”. While USCIS (U.S. Citizenship and Immigration Services) recently issued instructions that foreign nationals holding paroles are now required to pay a new $1000.00 fee, this instruction does not apply to individuals with advance parole based on the adjustment of status application, and these individuals may use current valid paroles, or alternately, reenter the U.S. with valid nonimmigrant visas.

Individuals in possession of valid H-1B, H-4, L-1, L-2 visas can reenter the U.S. on these visas without need for advance parole. Individuals working in the U.S.  in H-4 status and reentering the country should obtain advance parole prior to a U.S. departure. Those individuals holding E1 or E2, O1, R1 J1 and F1 visa status with pending adjustment of status applications must have valid advance parole documents issued and available for presentation to U.S. Customs and Border Protection officers at U.S. ports of entry, including airports, land arrival stations and any arrival via boat.

Visa Waiver Program Applicants 

For individuals planning on utilizing the Visa Waiver Program, known as ESTA, assure that you meet specific passport and registration requirements and further inform U.S. Customs and Border Protection officers at U.S. ports of entry that you plan to engage in permissible activity consistent with the 90-day visa waiver requirements. It is worth noting as well that visa waiver and ESTA applicants requesting permission to enter the U.S.  must have round-trip tickets assuring return to the home country within a 90-day permissible window. ESTA visa requirements may be found here: Official ESTA Application Website - Home. The list of ESTA approved countries may be found here: List of countries in the VWP program

Chinese Nationals Traveling on Visitor Visas with Validity of 10 Years

Chinese nationals should be enrolled in the Electronic Visa Update System (EVUS) and if not already enrolled, should be certain to enroll at least 72 hours prior to travel. EVUS enrollment information may be found here:  Official EVUS Enrollment Website - Home.

A Special Note for Foreign Students Holding F1 or J1 Status

Student visa holders should be certain to check in with their Designated School Officials (DSO) to be assured that their status remains active and monitor email addresses to assure that their visas are not revoked by the U.S. Department of State. Travel with all valid documentation, including valid and endorsed I-20 forms, valid employment authorization documents and/or endorsed DS2019 forms (for J visa holders) as applicable, is a must.

Processing Upon Your Return at U.S. Ports of Entry 

It is now an expected part of the reentry process that individuals will be screened carefully, including processing through the Biometric Data Collection System, and possibly extensive questioning regarding the purpose of your visit, background, history of arrests, convictions and other related issues. U.S. Customs and Border Protection has the right to search electronic equipment for nonimmigrants, lawful permanent residents as well as U.S. citizens. 

Downloading Form I-94 to Assure Legal Status and Length of Stay Is Recorded Correctly

U.S. Customs and Border Protection Officers will no longer issue paper I-94 arrival/departure records. Further, the agency generally no longer stamps proof of admission in passports. The I-94 may be downloaded from the official site here: I-94/I-95 Website - Official Site for Travelers Visiting the United States. Checking the expiration date to assure correct validity is key to maintaining one’s status and if there is incorrect information, it is best to contact U.S. Customs and Border Protection by email or personal visit, depending on the policy of the individual port of admission. As of September 30^th, 2025, Customs and Border Protection introduced an additional $24.00 fee to the existing $6.00 fee for Form I-94 processing.

U.S. Permanent Résidents 

Lawful U.S. permanent residents (‘green card holders’) are presumed to live and work in the United States on a full-time basis. Brief trips and holidays abroad should not affect one’s eligibility to retain U.S. permanent residence.  Extended absences for more than six months at one time may affect one’s eligibility for U.S. citizenship. Frequent trips outside the U.S. will likely cause individuals to be flagged upon their return and impact their eligibility to retain U.S. permanent resident status.

We have addressed the issue of how to retain permanent residence in the case of temporary assignments abroad and other special situations here: https://www.tarterkrinsky.com/roxanne-h-levine/insights/how-green-card-holders-can-prepare-for-admission-into-the-u-s  

Our Tarter Krinsky & Drogin Immigration team remains at your disposal for any specific questions that you might have regarding international travel during the upcoming holiday season: