Green card holders, international students advised against leaving US

Kripa Upadhyay, a Seattle-based immigration attorney, warned that foreign nationals, particularly those needing to renew H-1B or F-1 visa stamps, should "really need to think twice" about leaving the U.S. at this time, Times of India reported.

Several other attorneys have echoed similar concerns, advising that even those with nonimmigrant work visas, student visas, or green cards (permanent residency) could face difficulties returning.

They said visa holders may experience delays in stamping at U.S. consulates abroad and encounter heightened scrutiny at airports due to the reintroduction of strict vetting procedures.

Ashwin Sharma, a Florida-based immigration lawyer, reported to the news outlet cases where elderly Indian green card holders were targeted by U.S. Customs and Border Protection (CBP) agents upon reentry. These individuals were allegedly pressured into signing Form I-407 at the airport, effectively relinquishing their green cards voluntarily.

Sharma noted that some CBP officers intimidate travelers with threats of detention or deportation, even though only an immigration judge has the legal authority to revoke a green card.

Upadhyay emphasized that a green card cannot be revoked unless the holder voluntarily surrenders it.

Immigration lawyers have also reported an increase in green card holders being subjected to extensive questioning, with some even detained overnight.

They strongly advise long-term green card holders to apply for U.S. citizenship as soon as possible. Those with pending applications should avoid international travel until they receive their American passports, as reported by the Times of India.

Russell A. Stamets, a partner at Circle of Counsels, told Business Standard that reliable reports of harsh treatment toward green card holders and valid visa holders are a cause for concern.

"Green card holders usually have strong legal protections in the U.S., but the current administration appears to be challenging long-standing rights and norms. It's uncertain how courts will respond to this shift," Stamets said.

In a similar development, Brown University is urging students, staff, and faculty with green cards or visas to avoid international travel due to uncertainties surrounding U.S. immigration policies.

In an email sent Sunday and obtained by The Wall Street Journal, the university stated that "out of an abundance of caution," it was advising non-U.S. citizens, including visa and green card holders, to postpone or delay personal travel abroad.

Brown warned that potential changes to travel bans and re-entry requirements could impact travelers' ability to return to the U.S. as planned.

The advisory followed the case of Dr. Drasha Alawieh, an assistant professor at Brown, who was detained at Boston's Logan International Airport last week and subsequently deported to Lebannon.

Earlier this month, Mahmoud Khalil, a Columbia University M.A. student, was taken into custody by federal immigration authorities and is currently detained in Louisiana. Meanwhile, Columbia doctoral student Ranjani Srinivasan fled to Canada after federal authorities revoked her student visa, according to WBUR, a public radio station owned by Boston University.

Stricter visa renewal rules

The U.S. Department of State has tightened eligibility criteria for visa interview waivers. Previously, applicants who reapplied within 48 months of their visa expiration were exempt from interviews (excluding B-category tourist visas). Under the new rule, applicants must reapply within 12 months to qualify for an interview waiver.

This change affects F-1 student visa holders transitioning to H-1B work visas, as they must now schedule an interview. Likewise, H-1B visa holders applying for renewal more than 12 months after expiration must also undergo an interview.

Even if U.S. Citizenship and Immigration Services (USCIS) approves an H-1B visa, consular officers still have the authority to deny it and send the case back to USCIS for reconsideration, attorney Upadhyay explained to the Times of India.

Meanwhile, former President Donald Trump continues large-scale deportations of undocumented immigrants, while promoting legal immigration pathways, such as the $5 million golden visa program.