This the season to be jolly . . . but it is also the season when international travel can be a folly. Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually extends from the end of December through the middle of January. Of course, for some, holiday travel often seems to entail a visit to the friendly Customs and Border Protection (CBP) Officer. For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.
Visaserve helps ease the stress of holiday travel for certain foreign nationals
1. VISASERVE HELPS EASE THE STRESS OF HOLIDAY TRAVEL FOR
CERTAIN FOREIGN NATIONALS
This the season to be jolly . . . but it is also the season when international travel can be a folly. Many
foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually
extends from the end of December through the middle of January. Of course, for some, holiday travel
often seems to entail a visit to the friendly Customs and Border Protection (CBP) Officer. For others,
holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.
The NPZ Law Group has posted many instructional videos on the internet which you can view on
YOUTUBE about some of the nuances of international travel and seeking visas at U.S. Consular
Offices. We commend these videos for those who will be traveling. If you do not have time to view
those videos, there are a few basic tips that will help to ease any potentially unpleasant international
travel/return issues to the United States.
First, and most importantly, not everyone is authorized to travel. It is critical that you realize that U.S.
and Canadian immigration travel policies change with little or no prior notice. The NPZ Law Group's
lawyers and attorneys encourage you to check with a qualified immigration law practitioner prior to to
departing from the U.S. Remember that "your" case is NOT like the case of the person you may have
read about in a blog-site on the internet. Each case (such as yours) presents its own specials facts and
circumstances.
There are several basic documents required for travel and re-entry to the U.S. It is important for you to
remember that these documents may also have to be carried for members of your family who may be
traveling with you. A brief checklist of the documents you may need to have with you is as follows:
o A passport valid for at least six months beyond the date of intended departure from the U.S.;
o A valid U.S. visa (if required);
o An original Form I-797, Notice of Approval (required for nonimmigrant petition based cases
sometimes copies are acceptable);
o A valid advance parole travel document for pending adjustment of status applicants (or a valid
H-1B/H-4 or L-1/L-2 visa) (be sure that this document will be valid at the time of planned
entry);
o A valid Lawful Permanent Resident Card (the "green card") for U.S. lawful permanent
residents (be sure that this document will be valid at the time of planned entry);
2. As we have previously announced on several occasions and in our videos on YOUTUBE, the CBP has
a new automated Form I-94 system at air and sea ports-of-entry (POEs). A paper I-94 Form is no
longer provided to travelers in their passports. Instead, a CBP admission stamp is issued in the
passport. Each traveler is reminded to print the I-94 Form (arrival/departure record) following possible
admission to the U.S. The way to do this is to sign on at the CBP website and to go
to http://www.cbp.gov/I94.
It is important to print the Form I-94 each time you travel. The I-94 Form for the most recent entry is
only active until your departure. Therefore, if you do not print it before you leave, the only way you
may be able to retrieve a copy of the electronic I-94 Form will be to place a Freedom of Information
Request (FOIA) with CBP. The problem with the FOIA request is that it is costly and it can often take
many weeks for the government to respond to such a request.
If you have been in touch with your immigration lawyer or attorney and you are aware that you have to
apply for a visa in your home country or in a third-country then you will want to be aware of some of
the following information to make your visit to the consulate office a little easier:
(1) Nonimmigrant (NIV) appointments at many consular posts worldwide are backlogged during the
holiday season - you can check visa processing times online athttp://travel.state.gov;
(2) Most applicants between ages 14 years and 79 years must have an in-person consular interview there are special rules for waivers of the interview process that you can also heck online;
(3) While it is generally "discretionary", travelers who qualify may want to consider Third Country
Processing (TCP) at U.S. consular posts in Canada or Mexico or in other countries that they may be
visiting;
(4) The dates and times for Consulate Appointments can be checked online at
http://travel.state.gov/visa/temp/wait/wait_4638.html;
(5) For U.S. Consular Posts throughout the world, links can be found athttp://usembassy.state.gov;
(6) Stay abreast of "special" developments with regard to "security" and/or "diplomacy" that may
impact the processing times for visa in certain countries.
Please note that TCP processing at consular posts or at border posts is "discretionary" to the U.S.
Department of State or to the CBP. The process of TCP is quite complex and it is recommended that
3. you consult with a qualified immigration law professional before undertaking such a process on your
own.
Our office has been involved in cases where individuals have tried to do TCP on their own only to
later find that their cases ended-up resulting in issues of denial, inadmissibility and delays. If you are
considering TCP at a U.S. Consulate office abroad, you will want to acquaint yourself with the
procedures for security clearances/administrative processing pursuant to section 221(g) (please
see http://travel.state.gov/visa/a_zindex/a_zindex_4353.html).
Failing to consider the possibilities for delays and/or denials in visa processing for you and the
members of your family can result in an inability to rejoin your School, Program, Employer in a timely
manner. Our advice to our Firm's clients continues to be: "Know before you go"! Do not fail to plan
for any and all travel contingencies. Itis always best for you to be aware of how the administrative
process works so that you do not find yourself with an inability to return directly to the U.S.
From the perspective of the immigration law practitioner, we continuously strive to completely review
and understand an applicant's U.S. immigration history and status, properly prepare the visa
application forms and supporting documents, and be available to assist the applicant to understand the
entry and/or visa process. This includes an in-depth understanding of the individual's immigration
history and if he or she or any members of the family have had an interaction with Law Enforcement
Agencies (LEAs) in the U.S. or abroad.
Again, it is always best to "know before you go" to avoid any issues that could potentially arise with
your (or your family's) travel to the U.S. For more information about travel to the U.S. or about the
Visa Application Process, please feel free to contact any of the U.S. or the Canadian Immigration
Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at info@visaserve.com or by
calling us at 201-670-0006 (x107).