This the season to be jolly . . . but it is also the season when international travel can be a folly. Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel usually extends from the end of December through the middle of January. Of course, for some, holiday travel often seems to entail a visit to the friendly Customs and Border Protection (CBP) Officer. For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or third-country.

1. “Know Before You Go”: NPZ Law Group Helps Ease The
Stress of Holiday Travel For Certain Foreign Nationals.
By: Michael Phulwani, Esq., David H. Nachman, Esq., and Rabindra K. Singh, Esq.
This the season to be jolly . . . but it is also the season when international travel can be a folly.
Many foreign nationals will be traveling outside the U.S. during the holidays. This holiday travel
usually extends from the end of December through the middle of January. Of course, for some,
holiday travel often seems to entail a visit to the friendly Customs and Border Protection (CBP)
Officer. For others, holiday travel may entail a visit to the U.S. Consulate Office in a home or
third-country.
The NPZ Law Group has posted many instructional videos on the internet which you can view
on YOUTUBE about some of the nuances of international travel and seeking visas at U.S.
Consular Offices. We commend these videos for those who will be traveling. If you do not have
time to view those videos, there are a few basic tips that will help to ease any potentially
unpleasant international travel/return issues to the United States.
First, and most importantly, not everyone is authorized to travel. It is critical that you realize that
U.S. and Canadian immigration travel policies change with little or no prior notice. The NPZ
Law Group's lawyers and attorneys encourage you to check with a qualified immigration law
practitioner prior to departing from the U.S. Remember that "your" case is NOT like the case of
the person you may have read about in a blog-site on the internet. Each case (such as yours)
presents its own specials facts and circumstances.
There are several basic documents required for travel and re-entry to the U.S. It is important for
you to remember that these documents may also have to be carried for members of your family
who may be traveling with you. A brief checklist of the documents you may need to have with
you is as follows:
- A passport valid for at least six months beyond the date of intended departure from the
U.S.
- A valid U.S. visa (if required).

2. - An original Form I-797, Notice of Approval (required for nonimmigrant petition based
cases, sometimes copies are acceptable).
- A valid advance parole travel document for pending adjustment of status applicants (or a
valid H-1B/H-4 or L-1/L-2 visa) (be sure that this document will be valid at the time of
planned entry).
- A valid Lawful Permanent Resident Card (the “green card”) for U.S. lawful permanent
residents (be sure that this document will be valid at the time of planned entry).
As we have previously announced on several occasions and in our videos on YOUTUBE, the
CBP has a new automated Form I-94 system at air and sea ports-of-entry (POEs). A paper I-94
Form is no longer provided to travelers in their passports. Instead, a CBP admission stamp is
issued in the passport. Each traveler is reminded to print the I-94 Form (arrival/departure record)
following possible admission to the U.S. The way to do this is to sign on at the CBP website and
to go to http://www.cbp.gov/I94.
It is important to print the Form I-94 each time you travel. The I-94 Form for the most recent
entry is only active until your departure. Therefore, if you do not print it before you leave, the
only way you may be able to retrieve a copy of the electronic I-94 Form will be to place a
Freedom of Information Request (FOIA) with CBP. The problem with the FOIA request is that it
is costly and it can often take many weeks for the government to respond to such a request.
If you have been in touch with your immigration lawyer or attorney and you are aware that you
have to apply for a visa in your home country or in a third-country then you will want to be
aware of some of the following information to make your visit to the consulate office a little
easier:
- Nonimmigrant (NIV) appointments at many consular posts worldwide are backlogged
during the holiday season - you can check visa processing times online at
http://travel.state.gov.
- Most applicants between ages 14 years and 79 years must have an in-person consular
interview - there are special rules for waivers of the interview process that you can also
heck online.

3. - While it is generally “discretionary”, travelers who qualify may want to consider Third
Country Processing (TCP) at U.S. consular posts in Canada or Mexico or in other
countries that they may be visiting.
- The dates and times for Consulate Appointments can be checked online at
http://travel.state.gov/visa/temp/wait/wait_4638.html.
- For U.S. Consular Posts throughout the world, links can be found at
http://usembassy.state.gov.
- Stay abreast of “special” developments with regard to “security” and/or “diplomacy” that
may impact the processing times for visa in certain countries.
Please note that TCP processing at consular posts or at border posts is “discretionary” to the U.S.
Department of State or to the CBP. The process of TCP is quite complex and it is recommended
that you consult with a qualified immigration law professional before undertaking such a process
on your own.
Our office has been involved in cases where individuals have tried to do TCP on their own only
to later find that their cases ended-up resulting in issues of denial, inadmissibility and delays. If
you are considering TCP at a U.S. Consulate office abroad, you will want to acquaint yourself
with the procedures for security clearances/administrative processing pursuant to section 221(g)
(please see http://travel.state.gov/visa/a_zindex/a_zindex_4353.html).
Failing to consider the possibilities for delays and/or denials in visa processing for you and the
members of your family can result in an inability to rejoin your School, Program, Employer in a
timely manner. Our advice to our Firm’s clients continues to be: “Know before you go”! Do not
fail to plan for any and all travel contingencies. It is always best for you to be aware of how the
administrative process works so that you do not find yourself with an inability to return directly
to the U.S.
From the perspective of the immigration law practitioner, we continuously strive to completely
review and understand an applicant's U.S. immigration history and status, properly prepare the
visa application forms and supporting documents, and be available to assist the applicant to
understand the entry and/or visa process. This includes an in-depth understanding of the

4. individual's immigration history and if he or she or any members of the family have had an
interaction with Law Enforcement Agencies (LEAs) in the U.S. or abroad.
Again, it is always best to “know before you go” to avoid any issues that could potentially arise
with your (or your family's) travel to the U.S. For more information about travel to the U.S. or
about the Visa Application Process, please feel free to contact any of the U.S. or the Canadian
Immigration Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. at
info@visaserve.com or by calling us at 201-670-0006 (x107).