Ahluwalia Law Offices is issuing this advisory to our clients and the broader visa holder community. National news outlets have reported ICE arrests at major US airports. These arrests are happening during domestic travel as well, not only when someone is leaving the country.
If you have a pending immigration application or petition, do not travel right now. If your case is eligible for premium processing, ask us about requesting it so a decision can be reached before you need to travel. If it is not eligible, or cannot be resolved in time, the safest option is not to travel until it is approved.
Before any trip, check your status. This means confirming three things.
Your I94, directly through the official CBP website.
Any updated I94 attached to a recent I797A approval notice, if you have received one. A newer I797A approval controls over an older I94 record on file with CBP.
Your visa. Your visa is generally what matters at the border, since a new I94 is issued each time you are admitted. But remaining in the country beyond your authorized stay can still create separate problems with future admissibility, so any discrepancy should be resolved before you travel.
Steps to protect yourself before any trip
- Check your I94 directly through the official CBP website.
- If you have a recent I797A approval notice, check the I94 attached to it as well.
- Confirm your visa is valid.
- If you find any discrepancy between these documents, contact our office before you travel, not after you return.
- If you have a pending application or petition, do not travel. Ask us about premium processing.
- Keep copies of your immigration documents, both physical and digital, with you while traveling.
FAQ
Can I travel while my immigration case is pending?
We recommend against it right now. Recent ICE arrests at airports have extended to domestic travel, not only international trips. If your case is eligible for premium processing, ask us about requesting it before you travel.
Does an expired I94 mean I cannot travel?
Not automatically. Your visa is generally what matters for reentry, since a new I94 is issued each time you are admitted. But remaining beyond your authorized stay can create separate problems with future admissibility. Resolve any discrepancy before you travel.
What if I have an approved I797A approval notice?
Check the I94 attached to it. A newer I797A controls over an older I94 record on file with CBP.
Is it safe to travel right now?
We recommend everyone check their status before any trip, given current enforcement activity at airports. If you have a pending case, do not travel until it is resolved.
This communication is provided by Ahluwalia Law Offices, PC for general informational purposes and does not constitute legal advice or create an attorney client relationship. Immigration outcomes depend on the specific facts of each case. Contact our office directly to discuss your individual situation.
