Whether you’re a U.S. citizen, green card holder, or visa holder, it’s essential to know your rights at the border when returning from travel. Our tip: know your rights when returning to the US from international travel. Here’s what you need to be aware of when it comes to visa and green card holder reentry to the US:
Border Agents Can Search Your Devices 🔍
Travel tip: U.S. Customs and Border Protection (CBP) has the authority to question visa and green card holders and search luggage, phones, and laptops—even without a warrant. This applies to everyone, including holders of passports, visas, and green cards holders. Agents may scroll through your photos, emails, texts, or apps. Some attorneys are advising any travelers to scrub their phones prior to travel or even leave their phones at home when travelling and buying a new phone and a SIM card in the international destination to be able to communicate.
Scientists and Other STEM Professionals Traveling with Visas or Green Cards
Another travel tip: be careful with any texts and social media posts criticizing Trump’s administration (for cuts of funding or otherwise).
This information may be used against you by the border agents to turn you away, expedite-remove you and ban you from future entries into the U.S.
Just because you were allowed entry many times before does not guarantee automatic entry now.
You Don’t Have to Give Up Your Phone Passcode—But There May Be Consequences 📱
There is no legal requirement to share your password or unlock your device. However, refusing to do so could result in the detention of your phone for a deeper search. For non-citizens, this could also delay your entry or potentially impact your immigration status. A traveling visa holder traveling may face delayed reentry to the US by such actions.
Green Card and Visa Holders Have Fewer Protections 🛂
Unlike U.S. citizens, non-citizens have more limited constitutional protections at the border. Refusing to comply with a phone search could lead to extra scrutiny, delays, or even denial of entry. It’s crucial to understand what you’re carrying. Prepared to assert your rights calmly and respectfully. Visa holder reentry into the US often comes with fewer protections than that of a citizen.
Contacts of a Good Immigration Lawyer
Keep your immigration lawyer’s information on you. Inform your family know if you may be detained.
Support from Family and Friends
It’s also a good idea to let close family or friends know your travel details and coordinate with them in case anything unexpected happens at the border. If you’re detained or questioned for an extended period, having someone who can reach your attorney quickly can make a big difference.
Final Tips Before International Travel
Before traveling internationally, consider backing up your data, minimizing sensitive information on your device, and familiarizing yourself with your rights. Stay informed, stay empowered. Always prepare for visa holder reentry US procedures.
Shepelsky Law Group can help you on your pathway to US citizenship, call us today!