At Landerholm Immigration, A.P.C., we are committed to keeping immigrants informed about the ever-changing landscape of U.S. immigration policies. Under recent enforcement measures, we have seen an increase in border detentions and scrutiny affecting lawful permanent residents (LPRs), visa holders, and even tourists. If you or your loved ones plan to travel, it is crucial to understand your rights and what to expect at the border.
Heightened Border Enforcement: Who Is Being Affected?
Recent reports indicate that U.S. Customs and Border Protection (CBP) has been detaining individuals for prolonged periods, sometimes without clear justification. Green card holders, visa holders, and even tourists from Canada and Europe have been subject to secondary inspections, extensive questioning, and, in some cases, extended detention at immigration facilities.
Additionally, certain countries, including Germany and the U.K., have updated their travel advisories, warning their citizens that holding a visa or an entry waiver does not guarantee entry into the U.S. CBP officers have wide discretion in approving or denying admission, making it critical to be prepared before traveling.
What Green Card Holders Should Know
Lawful permanent residents (LPRs) have significantly more rights than visa holders, but they are not immune to heightened scrutiny. While a CBP officer cannot revoke a green card at the border, certain factors can lead to complications, such as:
- Extended absences from the U.S., which may raise questions about residency abandonment
- A criminal history that could trigger inadmissibility issues
- Recent participation in protests or activities that CBP deems concerning
While LPRs cannot be deported immediately at the airport, they can be detained, sent to secondary inspection, and have their green cards temporarily confiscated. Ultimately, only an immigration judge can revoke permanent resident status.
What Visa Holders and Tourists Need to Be Aware Of
Visa holders face an even greater risk when entering the U.S. Unlike green card holders, each entry is considered a new application for admission. Even if a visa was previously approved by a U.S. embassy or consulate, CBP officers have full authority to deny entry or detain individuals for further questioning.
Common reasons for visa denials or detentions include:
- Misunderstandings about visa restrictions – Many tourists are unaware that engaging in unauthorized work, such as performing music or offering tattoo services, can be grounds for immediate denial of entry.
- Suspicion of intent to overstay – If CBP believes a visitor may not return to their home country, they can deny admission.
- Electronic device searches – CBP has the authority to inspect phones, laptops, and other devices. While travelers can refuse to unlock their devices, this may result in confiscation and extended detention.
What You Can Do to Protect Yourself
- Know your rights: Green card holders, visa holders, and tourists all have different levels of legal protection at the border. Understanding your rights before travel is crucial.
- Be prepared: Ensure that you carry all necessary documents, including proof of residency, employment, or ties to your home country.
- Avoid unnecessary risks: Do not engage in unauthorized work or activities that could raise red flags with CBP.
- Limit electronic device exposure: Be aware that your phone and laptop may be searched. Consider limiting sensitive information stored on your devices before traveling.
- Seek legal advice before travel: If you have concerns about your admissibility, consulting with an immigration attorney before your trip can help prevent complications at the border.
Landerholm Immigration, A.P.C. Is Here to Help
If you or a loved one has experienced issues at the border or are concerned about potential complications, our team at Landerholm Immigration, A.P.C. is ready to assist. Contact us today to schedule a consultation and ensure that you are fully prepared for your next trip.
Stay informed, stay prepared, and travel safely.
Contact Us: Landerholm Immigration, A.P.C.
📞 (510) 756-4468