IF YOU PLAN TO TRAVEL ABROAD

If you plan any international travel in & out of the US:

1)   In every interaction with any immigration official, give the shortest honest answer to every question asked of you: Don’t lie, don’t be evasive or give purposefully vague responses, & don’t go narrative unless your attorney advises you that there is a strong affirmative reason to give more than a minimum of detail.

2)   If you are a US citizen or green card holder (“Lawful Permanent Resident”/”LPR”), you may find that your Global Entry privileges have been revoked. All travelers may be questioned much more extensively in Secondary Inspection than on previous occasions when returning to the United States.

A) DO NOT refer to any family residence abroad as “home,” the United States is your “home” so long as you want to keep your green card;

B) DO NOT sign an I-407 Record of Abandonment of Lawful Permanent Residence. If you are being pressured or coerced to sign it, demand to speak to your immigration attorney and your tax advisor FIRST. Tax consequences of expatriation are irrevocable as of when you sign the I-407. Regaining your green card after signing it is extremely difficult and may require litigation.

CBP can confiscate your mobile devices and may demand account usernames and passwords. Expressing any views critical of the POTUS in your text messages, email and social media feeds may lead to lengthy holds in Secondary Inspection. If you are a USC or LPR, you can refuse to provide your secure data unless served with a warrant, but then you must be prepared to spend many hours at the airport. Nonimmigrants may be refused entry and may face expedited removal for doing so (deportation w/o opportunity to go before a judge) and LPRs may face possibly lengthy detention for doing so- Demand to speak to your attorney. Be smart: If CBP asks questions about where you went and who you visited, give short honest answers, and phone numbers of people you stayed with.

Best practice for security of your personal information is to leave all mobile devices at home; get a temporary burner phone at your destination, don’t bring it into the airport.

3)   If you hold any temporary visa status, you may be legitimately questioned extensively in Secondary Inspection when returning to the United States, and especially for visitors and students, it is critical to understand the requirement of proving your ongoing “nonimmigrant intent.” In addition to describing the short-term plans for your stay in the US with specificity, you may also have to demonstrate that you have  an unabandoned residence in your home country abroad and an intent to return there. H & L work visas do not have this requirement, but almost all other temporary visas do.

If you have questions about risks of international travel, check with your attorney BEFORE heading to the airport.