US immigration attorneys issue travel risk warning for Indian H-1B, F-1 Visa and Green Card holders
Despite not being on the US' proposed travel ban list, India has become a more difficult destination to return to due to enhanced checks.
In light of the growing uncertainty surrounding US immigration laws, legal experts are advising visa holders, including H-1B employees, students from other countries (F-1), and even green card holders, to cautiously think about traveling overseas.
The warning coincides with the Trump administration's plans to limit travel for people of 43 nations, including Pakistan, Afghanistan, and Bhutan. While India is not on any planned travel ban lists, Attorneys claim that travellers are nonetheless subject to more stringent security inspections, backlog in visa stamping, and even detention at US airports.
Indian H-1B, F-1 Visa and Green Card holders must examine travel arrangements before leaving US
Lawyers for immigration caution that travelers departing the United States for employment-related trips or visa renewals may encounter unforeseen administrative challenges. At US consulates in other countries, there are reportedly considerable delays and a rising backlog in visa stamping.
A lot of applications get stuck in administrative review for unclear reasons, which causes processing timeframes to be extended. Legal professionals advise holders of H-1B and F-1 visas in particular to carefully consider their travel arrangements before departing the United States.
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The United States State Department recently revised its standards for visa interview waivers, or “dropbox” applications, which further complicate matters.
Earlier, it was possible to reissue a non-immigrant visa without an interview if the visa had expired within the previous 48 months. However, the eligibility period has now been shortened to just 12 months. As a result, more candidates have to go to in-person interviews, which increases the complexity of the visa renewal procedure.
Who will be impacted by US policy change?
This policy change will impact those who are switching from an F-1 student visa to an H-1B work visa and those who are attempting for an H-1B extension if their previous visa expired more than a year ago. After previously benefiting from expedited interview waivers, these candidates now have to show up for in-person interviews at US consulates.
According to immigration experts, even applicants who have previously had repeated visa approvals may still be subject to administrative procedures, which could cause a massive delay in their return.
Immigration attorney LaToya McBean Pompy told CNN that the main problem she observes with her green card clients is the growing anxiety.
“They’ve never been afraid before,” she said, adding that “but today, they’re afraid.”
Green card holders are frequently imprisoned and deported if they are charged with and found guilty of specific offenses, according to immigration attorney David Leopold.
Leopold claims that the counsel he offers his clients changes based on their particular situation. Given the potential for further travel restrictions from the Trump administration in the near future, he has urged many visa holders to postpone their vacation plans.
