Best Practices for Noncitizens Returning to the U.S.

In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that can help make the process smoother and reduce the risk of complications.

1. Answer Only the Questions Asked by CBP

When interacting with U.S. Customs and Border Protection (CBP), remember that less is often more. If an individual is asked specific questions, that individual generally should answer them directly and avoid volunteering additional information. Providing more details than necessary can inadvertently raise concerns or lead to unnecessary scrutiny.

Similarly, in most circumstances, one should not offer extra documents or items unless specifically requested. For example, a phone should not be handed over unless requested by CBP officers. One exception to this guideline is the latest I-797 approval notice, which should always be presented, if entering based on that I-797.

2. Stay Calm and Be Truthful

It is crucial to answer all questions truthfully and succinctly, even if a person feels nervous or uneasy. Lying or providing false information can lead to serious consequences, including removal and a ban from reentering the U.S. If you do not know the answer, do not guess.

3. Be Aware of Information on Mobile Devices

As discussed in the MurthyDotCom InfoArticle, Search of Electronic Devices at the U.S. Border:

CBP officers at U.S. ports of entry generally have the right to inspect foreign nationals’ cell phones, laptops, or other electronic devices. At the Murthy Law Firm, we have seen cases where the CBP misconstrues information on such devices, resulting in serious immigration problems for the foreign national involved. For instance, a text message between students discussing their “work” on a class assignment may be misinterpreted as evidence of unauthorized employment. While it may not be feasible to anticipate every manner a message, or other sliver of information on a cell phone, may be misinterpreted, at the very least, it is good to be cognizant of what is on one’s digital devices.

Conclusion

Given the current climate surrounding immigration, noncitizens may face heightened scrutiny when returning to the U.S. While many travelers experience a smooth reentry process, it is important to be prepared for the possibility of more thorough questioning or examination. This may include a review of social media accounts, personal communications, or other digital devices.

By following these best practices – answering only the questions asked, being truthful and succinct, presenting required documents, and preparing for potential extra scrutiny – you can increase your chances of a smooth and successful return to the U.S.

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