Immigration Law Update by James Parry Eyster Traveling outside the United States: selected cases When a non-immigrant or a lawful permanent resident chooses to leave the United States, if even for a short vacation, he can encounter trouble getting back into America, unless certain precautions are taken. These vary depending on the status of the alien. Therefore, discussion in this Update is organized by INS classification. Nonimmigrant visa holders — general rules Holders of multiple entry visas can generally exit and reenter the US as long as the visa is valid. Those holding single-entry visas, however, must obtain new visas if they are to be readmitted. It should be noted, however, that aliens will be readmitted without a new single-entry visa provided the visa is valid, the trip lasts less than thirty days, and travel is limited to contiguous territory (Canada, Mexico) or adjacent islands (Bahamas, Bermuda, etc.) F-1 students Students returning to the United States from a trip or more than five months need to obtain a new Form I-20A from their school even if they are enrolled in the same educational program at the same school. If any significant changes are expected (new major, new completion date, increase in anticipated expenses) then a new form must be obtained even if travel outside the United States is to be less than five months. All students should be sure to have their Form I-20ID Copy certified by the designated school official prior to travel abroad. Should a student fail to do so, or fail to have the ID Copy in possession at the U.S. border, he or she will be admitted temporarily and required to submit a new Form 120 A-B to the INS. If a student leaves the country while out of status (e.g., graduated, failed to enroll), the new 1996 immigration law requires that the student return to his or her country of nationality for issuance of a new visa, if the original visa was issued prior to September, 1996. This draconian measure will, no doubt, create a great burden on many unsuspecting students and may even terminate their studies in the United States, should the local U.S. consulate refuse to approve a new visa. If a student's admission is questioned, he or she can insist on a hearing. Normally, the student will be paroled into the United States and required to go to a local INS office for further examination and a removal hearing. Aliens seeking adjustment of status Certain persons who are in the United States on non-immigrant visas can apply to become lawful resident aliens and get their green cards through the process called adjustment of status. If a non-immigrant visa holder travels outside the US without having obtained approval from the INS, his or her adjustment petition is deemed abandoned. Whether the petition is family-sponsored or employer-based, the non-immigrant visa holder (B, E, F, H, J, L) must, therefore, apply for advance parole to travel by filing Form I-131 once the adjustment petition is filed or face the need to reapply for adjustment after return. Those holding E, H, or L visas should note that travel abroad terminates the E or L status and that new employment authorization must be obtained. It is therefore prudent to submit employment authorization Form I-765 along with Form I-131 prior to traveling. Advance paroles can be requested for up to one year for multiple entries. Any legitimate reason for travel is acceptable — it need not be a family emergency, as in the past. Travel for more than one year by LPRs Green card holders are permitted to take trips outside the US for less than a year with no need for INS approval. Longer trips require either issuance or a special immigrant visa by a foreign US consulate or possession of a reentry permit. This is obtained from the INS in advance of travel using Form I-131. Travel by those seeking naturalization Lawful permanent residents who have continuously resided in the United States for at least five years (three years for spouse of US citizen) immediately preceding filing are eligible for citizenship. Trips outside the US for more than six months endanger this opportunity. Trips abroad for more then one year break the continuity, requiring the alien to start the clock all over again. Applicants should therefore return to the US every six months. Even a stay of just one day in the US is sufficient to preserve the continuity requirement. (Please note, however, that significant absences from the US may bring into question the alien's serious intent to reside in the US and thus jeopardize the underlying LPR status.) An additional requirement is that alien by physically present in the US for at least two and a half years during the five year period. Certain exceptions to residence requirements apply to those who work abroad for the US government or for US corporations. IMMIGRATION LAW Updates [(c)1997] are written and distributed by attorney James Parry Eyster as a professional service to the international and business communities. Information provided here is not intended to serve as legal advice nor as a solicitation for legal services. phone: 313-662-8084, FAX 313-747-7540, E-mail: jeyster@counsel.com James Parry Eyster Immigration and Nationality Law 709 West Huron Street, Suite 200 Ann Arbor, MI 48103 "Helping people to study, work, and live in America."