Traveling To and From the U.S. in 2025: Tips For Travelers
Travel season is upon us. As individuals and families get ready for vacations, study abroad programs, cultural exchange experiences, and seasonal jobs, confusion about border crossings tends to dampen traveler excitement. The United States’ implementation of harsher immigration policies has resulted in fear associated with international travel to and from the United States (US). The best antidote against this type of confusion is information that will empower the traveler to focus on what is important: the international experience.
In alignment with Cornerstone Safety Group, our friends at Andrade Canona Immigration Law Firm, share valuable information and tips that will guide travelers navigating cross-border travel during these challenging and uncertain times.
Details Matter
When planning an international trip, important details sometimes fall through the cracks. A few minutes of attention to them can prevent hours of headaches:
Ensure that your passport (and visa, if applicable) is valid well beyond your travel dates. It is not uncommon for travelers to realize that their passports are expiring right before a long trip or do not extend at least 3-6 months past their return flight home (which is required for most international destinations). Keep in mind, if you’re traveling with minors, their passports will have a shorter duration than adults’ passports, resulting in a risky oversight.
When entering the US, pay attention to prohibited items on the Customs and Border Patrol (CBP) list, which can be found here. Bringing that delicious mango from Brazil will make your entry into the US not as tasty. During stricter enforcement periods, such as we are experiencing now, it is crucial to strictly stick to the rules to avoid problems.
People traveling with prescription medication should have their bottles clearly labeled and consider bringing a doctor’s note or prescription for essential medications. This also applies to medications obtained from abroad – make sure there is a prescription and, if necessary, certified translation into English.
Federal US law still criminalizes marijuana and products containing higher than 0.3% THC as controlled substances. Do not carry any type of recreational drug through customs and immigrations, even if the location where you will eventually go allows it.
Green Card Holders Returning From Trips Abroad
Under federal law, permanent residents of the United States (green card holders) are not considered to be seeking admission to the United States when returning from a trip abroad. They are simply coming back home.
However, the law provides a few exceptions that would authorize the CBPustoms and Border Protection agency, or CBP, to consider green card holders as seeking admission to the United States: 1) they relinquished their status; 2) they were absent from the US for over 180 days; 3) they were involved in illegal activity abroad; 4) they departed the US while in removal proceedings; 5) they committed an offense such as fraud or other crimes, for which they did not receive a waiver; or 6) they tried to enter the US through an unauthorized location.
The two most common scenarios that cause problems to permanent residents are criminal convictions and spending too much time abroad. It is advisable that individuals that had any encounters with law enforcement anywhere in the world, even if charges are pending, consult with an immigration lawyer who is knowledgeable in “crimmigration” (immigration consequences of criminal activity). Similarly, individuals that plan to spend a lot of time abroad, over 180 days, should consider filing a re-entry permit with USCIS. This is a simple process that must be filed prior to traveling, that shows there is no intent to abandon resident status.
Individuals who have conditional green cards (either through marriage or investment), should pay attention to the validity of their green cards before travel. A petition to remove conditions must be submitted 90 days before expiration of the card, and the receipt notice usually contains language that extends the validity of the green card while the petition is being analyzed. Individuals with more complicated removal of conditions cases or with cases that were denied should consult with their immigration lawyers before traveling abroad, as it may not be advisable.
It is important to point out that CBP officers do not have the authority to take away permanent residency – only an immigration judge can do that, after a proceeding where the individual will have an opportunity to present evidence that they did not intend to abandon their green card (i.e.: property in the US, family in the US, payment of taxes, etc.) or that their criminal conviction does not make them removable. Therefore, green card holders should not sign any papers that will result in an abandonment of permanent residence, such as form I-407.
Travel To / From the US by Visa or ESTA holders
Individuals who are traveling to the United States on a Visa or ESTA (visa waiver) must ensure that their visas or ESTAs are valid. ESTA holders should pay particular attention to circumstances that could result in the automatic cancellation of their ESTAs, such as: a visa denial, travel to Cuba, criminal conviction, etc. Similarly, ensure that all forms submitted to the Department of Homeland Security or Department of State (i.e. ESTA and visa applications) are thoroughly reviewed before submission. Mistakes or omissions can be considered fraud and result in revocation of the visa or worse – expedited removal from the airport.
In addition, one of the key elements of traveling with a visa is the person’s intent in the United States. CBP officers look for clues that people may violate the intent of their status, for example: working while on a tourist visa, even if working remotely; studying on a tourist visa; etc. A professional tour guide with a group may be perceived as someone who will work in the US (albeit receiving salary from abroad) and can be prevented from entering on a B1/B2 visa. Meanwhile, a volunteer chaperone who is simply accompanying a group of minors should have no problems entering on a B1/B2 visa. Accordingly, it is important to ensure that the visa matches the traveler’s intent to avoid complications at the port-of-entry.
Everyone traveling on a visa or ESTA to the United States should print a copy of their I-94 every time they enter the United States. It can be printed from this website. While the visa or the ESTA allow you to enter the US, it is the I-94 that demonstrates your lawful status in the country for a limited period of time. In fact, ESTA and visa holders are strongly advised to carry a copy of their I-94s with them all the time, as this is the document that demonstrates your lawful status in the United States.
Furthermore, visa holders who are living in the United States under temporary status (L, H, O, F, etc.), should verify if their I-94 are correct before departing the United States. If there was a mistake on the issuance of the I-94 upon their last entry into the United States (for example, a shorter than expected duration of the status or entry of a wrong status), it can cause great problems when attempting to return to the United States. Most I-94 mistakes can be corrected, but this process may take a long time.
Finally, visa holders and their dependents who reside in the United States must ensure that they have been complying with all requirements of their visa. For example, working for the petitioning company, attending class, etc. Failure to comply with the terms of a visa is considered a visa violation, which places the person out of status. Similarly, visa holders that have had any criminal issues, such as driving under the influence (DUI), even if not resulting in a conviction, should consult with an immigration lawyer prior to departing the United States on a trip abroad. Their visas may have been silently revoked without their knowledge, preventing them from re-entering the United States. Having a visa is not a guarantee of admission to the United States, so it is important to pay attention to any derogatory issues that could cause problems at the port-of-entry. If CBP decides that it will not allow admission to an individual, an option is to ask for a “permission to withdraw an application for admission.” This is an alternative to an expedited removal order, and it can be granted by CBP officers on discretion.
Traveling With Minors And Groups
Travel with unaccompanied minors (without parents or legal guardians) requires some additional planning. This is because the United States has strong policies to prevent human trafficking, child abductions, and to protect unaccompanied minors. Parents or legal guardians should prepare a notarized document in English authorizing travel. If possible, both parents should sign. While in the past a simple letter may have sufficed, under current policies it is advisable to have more robust paperwork. This includes the birth certificate, with certified translation.
Chaperones should also be selected carefully. Individuals that have background history that could raise alerts at US ports-of-entry should not serve as chaperones. For immigration law purposes, any criminal history, even if very old, still applies in the immigration context when considering admissibility of individuals to the US.
When traveling in groups, CBP usually prefers that the group members stick together when going through inspection. In mixed groups of US Citizens and Non-US citizens, the group should consider going to the line of the majority of the members. It is always good practice to reach out to the airport authority prior to travel and inform of the arrival of the large group and find out, beforehand, if there are any preferred policies in practice. Alternatively, asking a friendly airport employee upon arrival can also be very helpful.
Organization and complete documentation are important during periods of stricter scrutiny at airports. Ensuring that all group members have their documentation in hand, organized, and are aware of the process, will save a lot of time and prevent problems. While printed documents have become obsolete, they are still the preferred choice at this time when entering the US. Looking for documents on a phone can be difficult if there is no internet service or enough battery on the phone.
Privacy Expectations at US Ports of Entry (and other rights)
Travelers should be aware that their rights at US ports of entry are limited. The expectation of privacy is notably reduced, and CBP officers have broad authority to search belongings, including electronic devices, without a warrant or suspicion. This applies to both U.S. citizens and non-citizens.
While U.S. citizens and lawful permanent residents cannot be denied entry simply for refusing to unlock a device or provide a password, they may face great delays, additional questioning, or temporary confiscation of their electronics for forensic examination. Visa and ESTA holders who refuse to provide their devices or passwords may be denied entry altogether. Travelers should consider minimizing sensitive or confidential data on devices, such as confidential documents or privileged communication, and review social media posts, communications for any information that could be questionable. Parents should also conduct their due diligence and verify their children’s devices prior to travel, in order to avoid any unnecessary problems.
In addition, there is no right to an attorney at the airport or other ports of entry, and this applies to citizens and non-citizens alike. Only if the person is transferred to the custody of immigration or other law enforcement authorities outside the airport, they will be allowed to contact an attorney to represent them. This is why it is so important to be prepared and properly informed prior to traveling.
Best Practices for Non-Citizens While in the United States
With greater scrutiny of foreign nationals in the United States, it is prudent to take extra steps to ensure that your stay in the US is pleasant and memorable. Below are some tips that will help your stay go smoother:
Evidence of status: If you are a green card holder, carry your green card with you at all times. If you have a visa or ESTA, have your I-94 with you at all times. It can be printed from this website.
Avoid controversial events and protests, and refrain from posting or even “liking” controversial postings on social media.
Follow the law diligently. Laws in the US vary state by state. Pay attention to requirements for drivers, including whether foreign driver’s licenses are accepted. Ensure that you obey all traffic laws: no speeding, no drunk driving, stop at all stop signs, etc. Make sure that the car you are driving is properly functioning and follows legal guidelines (taillights working, no cover obscuring the tag, no prohibited window tinting, etc.)
Pay attention to underage drinking. In the US, the legal age for drinking is 21.
Although some states allow the use of marijuana, even recreational, foreign nationals – including green card holders – should refrain from it because it is an immigration violation under federal law.
Make sure that individuals under 18 have documentation demonstrating parental consent for medical treatment. Medical facilities will require parental authorization of minors prior to treatment, and not having it readily available can be very prejudicial for the child.
Individuals who have particular concerns should reach out to an immigration attorney, licensed in the United States, who will be able to better address their specific issues.
Wrapping It All Up
It is interesting to point out that there have been no changes in US immigration laws. The applicable laws have remained the same for many years. Nonetheless, the policies and the application of the law have been stricter, with a focus on deterring unlawful immigration, detecting fraud, and enforcing the removal of individuals considered inadmissible or removable (due to criminal conduct, visa violations, etc.). Under stricter policies, travelers should employ more attention to detail when planning their trip to the United States to avoid any unexpected problems.
Thorough planning, organization, and proper documentation are essential for smooth traveling to and from the United States. The added time and effort in planning will pay off, ensuring peace of mind and an exciting international experience.
This blog was written by Andrea M. Canona - Partner, Andrade Canona PLLC
Andrea Canona started her legal career as an Attorney Advisor at the Department of Justice, Executive Office for Immigration Review, through the Attorney General’s Honors Program. In 2017 she co-founded Andrade Canona PLLC, a boutique immigration law firm in Miami, Florida, focused on family and business immigration, including extraordinary ability petitions, national interest waivers, investor visas, corporate transfers, etc.
Andrea is a sought-after lecturer and is often invited to speak about immigration law to audiences in the United States and internationally. Andrea is passionate about finding creative legal solutions for her clients, and she enjoys researching complex issues in the law. She also dedicates her time to educating people about immigration law through videos, radio shows, lectures and articles. Andrea is actively involved with the American Immigration Lawyers Association (AILA).