International Travel Tips and Reminders for Foreign Nationals
As the busy holiday travel season approaches, LAC wishes to provide the following information to assist our clients with international travel.
Travel Resources:
- Automatic Visa Revalidation Rule permitting return to the U.S. after travel to Canada or Mexico with an expired visa or a visa in a different classification. We recommend those traveling under the visa revalidation provision print out and carry the CBP guidance on this provision to assist with questions at the border.
- Wait time at U.S./Canada and U.S./Mexico Border
- Wait times for visa stamping appointments at U.S. Embassy/Consulate abroad
I-94 Admission Record
As a way of avoiding long lines at land borders, the I-94 website now allows travelers to submit a request for I-94 online, up to seven days prior to arriving at a land port of entry. After submitting the application and payment online, travelers will receive a provisional I-94. The I-94 online application will collect information that is otherwise collected in-person at the land port of entry, including biographic information (name, date of birth, country of citizenship), passport details, visa details (if applicable), and the applicant’s petition/Student and Exchange Visitor Program (SEVIS) number (if applicable)
- Click here to access and pay for provisional I-94 online.
- For all travelers — I-94 Printout: Please remember to print and review the I-94 admission document for yourself and each member of your family after each entry to the U.S. If there are any errors on your I-94 printout, please contact CBP immediately to correct any errors. Please also feel free to contact your LAC attorney for assistance if needed.
- It is also recommended that you send your I-94 admission records to your LAC attorney so we can verify that the admission information is correct, update your records, and keep track of your expiration dates.
Alerts/ Potential Delays
- Travel Advisory: Given various on-going conflicts abroad, please see U.S. Department of State’s most recent travel advisories searchable by country/area, level of severity and date.
- Nonimmigrants Advised to Return to U.S. prior to January 20, 2025
A number of U.S. colleges and universities are urging international students who are traveling abroad over the winter break to return to the U.S. before President-elect Donald Trump takes office on January 20, 2025 (Inauguration Day).
While not based on any existing U.S. government policy or recommendation, these travel advisories are being issued based on the potential risk of policy changes, including travel bans or other restrictions, that could negatively impact the ability of foreign national students to return to and be admitted back into the U.S. after international travel.
LAC recommends that all nonimmigrants (not just international students) consider returning from international travel prior to January 20, 2025 to minimize any risks of being denied reentry.
- Electronic Travel Authorization (ETA) Required for U.S. Citizens and other Non-Europeans to Enter or Transit though the United Kingdom – Effective January 8, 2025
The United Kingdom will begin requiring U.S. citizens and other non-Europeans to secure an Electronic Travel Authorization (ETA) to enter or transit through the UK effective January 8, 2025. ETAs will be required for European Union citizens effective April 2, 2025. For more information, see: Apply for an electronic travel authorisation (ETA) – GOV.UK
How to Apply: Applicants may apply via the UK ETA app
When to Apply: Starting November 27, 2024 (U.S. citizens and other non- Europeans) and starting March 5, 2025 (for European Union citizens). See also: Check when you can get an electronic travel authorisation (ETA) – GOV.UK
Validity: Two-year period unless passport expires sooner. A new passport requires a new ETA. Allows for multiple entries.
Duration of Stay: Not to exceed 6 months at a time.
Cost: £10 per person; each traveler must apply separately.
Processing time: within 72 hours (3 working days)
If the ETA application is refused/denied, then you must apply for a UK visa. Some factors that could lead to a refusal of an ETA include criminal convictions, exclusion or deportation orders, previous immigration violations (in the UK), unpaid NHS (UK National Health Service) bills, etc. ETA will be denied if the applicant was convicted of a crime, including DUIs, anywhere in the world and received a custodial sentence (jail time) of 12 months or more and served even one day of it, even if the rest was suspended.
- Individuals with DUI-Related Arrests or Convictions
The U.S. Department of State will revoke the visa stamp of visa-holders with a DUI arrest that occurred within the past five years, unless that arrest has already been vetted as part of a prior visa application.
While the revocation of a visa does not affect the underlying status of a nonimmigrant while inside the U.S., the visa stamp would no longer be valid for international travel. Therefore, after departure from the U.S. that individual must secure a new visa from a U.S. Consulate abroad prior to returning to the U.S.
Applicants for a visa who have had one alcohol related arrest in the last five years, or two or more in the last 10 years, will be referred to a panel physician for a medical examination prior to visa issuance to rule out medical ineligibility.
Note that under Canadian law, an individual (of any nationality other than Canadian) may not enter Canada if they have a DUI. A waiver would be required.
Any DUI-related incident should be brought to the attention of your LAC attorney. Please be sure to contact your LAC attorney to schedule a consultation for an assessment of the potential impacts on the ability to travel and obtain a visa.
- Individuals with an arrest or conviction for any offense
An arrest or conviction for any offense may result in a visa denial or denial of admission to the U.S. Please be sure to contact your LAC attorney to schedule a consultation to discuss any such incident prior to departure from the United States. Under attorney-client privilege, this matter will be kept confidential.
We wish everyone a safe and healthy Holiday season.
This update was prepared by Melissa O. Nonaka, Senior Associate Attorney, Larrabee Albi Coker LLP.
Legal Disclaimer: This is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter. Immigration laws and policies change frequently, often without notice. It is therefore important to seek direct legal counsel based upon individual circumstances.