INS Actions Impact Foreign Nationals When Traveling

We take this opportunity to offer basic reminders given the changes that have already been implemented. These basic measures could help avoid confusion, additional delays, and even being placed in removal proceedings.

INS officers are asking foreign national passengers, even on domestic flights, about their immigration status to make sure that they are complying with the terms and conditions of their status. If individuals are found to be in violation of status, they could be placed in removal proceedings. Therefore, foreign nationals and their employers must take precautionary measures to ensure that they are in status and that they can prove it if requested by an immigration officer. Changes in job titles, job duties, and job location could cause individuals to be in violation of their nonimmigrant status. Consequently, employers should make sure that petitions to amend their employees’ status are filed promptly. Also, when traveling, employees should carry with them complete copies of nonimmigrant petitions filed by their employers to show that they are in status.

It is also likely that the Immigration & Naturalization Service will subject all cases to additional scrutiny and err on the side of caution by requesting additional evidence. Such requests, also known as "kickbacks," cause delays in processing cases. Therefore, employers may wish to provide additional documentation upon filing initially to avoid "kick backs" and delays. Obtaining the additional documents may take a few more days, but could save weeks and even months in the long run.

Equally important, citizens and non-citizens should anticipate delays at airports and ports-of-entry due to additional security measures. Thus, plan accordingly and arrive well before your flight is scheduled to depart. Also, if you are asked questions by a law enforcement agent, be sure that you understand the question before responding. It is critical to avoid confusion and misunderstandings.

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