Washington DC: US Vice President JD Vance recently stated, “A green card does not give an individual an indefinite right to stay in the United States.”
This remark has caused significant anxiety among millions of Indian-origin immigrants living in the US.
Over the past few weeks, immigration laws have been tightened, leading to travel risk advisories for Indian Green Card and H-1B holders.
Read on to know the restrictions imposed and how our Immigration Paralegals can provide critical support in this evolving US Immigration landscape.
Stricter Checks Under the Trump Administration
The Trump Administration’s intensified crackdown on immigration- both legal and illegal- has led to heightened scrutiny of travelers leaving and returning to the US.
Immigration agencies responsible for monitoring entry and exit include:
- US Citizenship and Immigration Services (USCIS)
- Immigration and Customs Enforcement (ICE)
- Department of Homeland Security (DHS)
- Customs and Border Protection (CBP)
Millions of Indians in the US hold Green Cards, H-1B work visas, or F-1 student visas. These visa categories are now facing increased scrutiny upon re-entry.
While legal visa holders are not at immediate risk of losing their residency or work permits, these checks pose a new challenge in terms of time and patience.
The Impact of Trump’s Travel Restrictions
Donald Trump has announced plans to curb or restrict people from 43 nations from entering the US. (In South Asia, this includes Pakistan, Afghanistan, and Bhutan).
Although Indians are not on any banned or restricted list, immigration attorneys are urging extra caution when planning international travel.
Visa Backlogs and Rising Detentions
The enhanced scrutiny has led to a significant backlog in visa stamping and a surge in detentions at US ports of entry.
These delays are not limited to airports; US embassies and consulates worldwide are struggling with administrative challenges due to the updated rules.
- Visa and documentation processing now undergo multiple additional reviews.
- Application processing times have significantly increased.
- Many Green Card and visa renewals are getting delayed without clear reasons.
Checklist for Indian Green Card and Visa Holders
Legal experts have advised travelers to be well-prepared before traveling outside the US. Here’s a mandatory checklist for a smooth re-entry:
- Valid passport from the home country
- Valid Green Card (Form I-551) – Must not be expire
- Valid and unexpired visa (H-1B or F-1) allowing multiple entries
- US Re-Entry Permit (if applicable) – Required for absences over one year but under two years
- Employment verification letter from the employer
- W-2 form & federal income tax proof for the previous year
- Payslips/salary proof for the last three months
- Letter from university confirming enrollment (for F-1 visa holders)
- Valid US bank account details (at least one primary account)
- Valid US driving license
What to Expect at US Ports of Entry
Travelers returning to the US after an extended stay abroad should be prepared for:
- Detailed Q&A sessions with Customs and Border Protection officers
- Secondary inspections, which may take over two hours
- Additional scrutiny for those staying abroad for over six months
- H-1B visa holders facing extra checks if their visa expired more than a year ago
Final Advice from Legal Experts
To avoid unnecessary complications:
- Renew your Green Card or visa well before expiry
- Stay calm and cooperative during inspections
- If a Green Card is revoked, an appeal can be filed with USCIS or immigration court
- F-1 visa holders who recently switched to an H-1B visa should prepare for extended questioning
With immigration policies becoming stricter, Indian Green Card and H-1B holders must exercise extreme caution while traveling.
The unpredictability of enforcement measures means that being well-prepared is the only way to navigate these evolving immigration challenges.
Navigate Stricter US Immigration Rules with Bolster Legal’s Immigration Paralegals
With US immigration rules tightening significantly, many attorneys are now issuing travel risk advisories for Indian Green Card and H-1B holders.
Bolster Legal’s Immigration paralegals act as a crucial outsourcing partner for US immigration lawyers, providing real-time case support, legal research, and meticulous documentation to help attorneys navigate these evolving policies.
Our virtual paralegal team assists in preparing airtight petitions, responding to RFEs, and ensuring compliance with new regulations, allowing immigration lawyers to focus on strategic legal counsel while we handle the complexities of case management efficiently.
By outsourcing to Bolster Legal, immigration attorneys can handle higher case volumes efficiently, reduce processing delays, and offer their clients the best possible legal support
For more information on Immigration legal services, call us on +1 (337) 448-4110 to receive a detailed brochure on how we can help you ease the Immigration workload.