You CAN travel internationally and domestically (Unless you from one of the 7 countries)

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2 February 2017

Successful H-1 visa stamping: One of our clients had H-1 visa re-stamped at the Hyderabad consulate on Tuesday 31 January 2017. No issues!

Successful H-4 visa stamping and entry: I have just received this message from one of our clients:

At 6:30 AM, XXX said the following:

Good morning Rajivji, YYY (Spouse) came back from India yesterday evening and had no issues at her immigration check in Boston as well as her H4 stamping at Delhi on Jan 23rd.

 

1 February 2017

There have been some rumors (even “legal advice”) floating around about how, any non-white green card holders, nonimmigrant visa holders or even US Citizens must not travel within or outside the US. 

Unless you from one of the 7 countries, in my humble opinion, that is not universally true. If you need to, you can travel, and I see no reason why you should not. As long as you are maintaining legal status, travel should be acceptable. CBP can always question nonimmigrants and even immigrants about grounds of inadmissibility. I will post more information on that. but, that is no reason not to travel.

I spoke with my brother, Kedar Deval, a naturalized US citizen. Brown. He entered the USA at the Newark EWR Airport in New Jersey last night, 31 January 2017. He had absolutely no trouble getting into the USA. The experience of his two other “brown” colleagues was the same; uneventful. One of them was a green card holder and the other came from India on a business visa. They too entered USA without any problem. Please do not send Kedar any questions. He gave me his permission to use his name for the good of the immigrant community. Let us respect his time.

I was asked to specifically comment about citizens of Pakistan. So far, I have no news on this.

The situation has been made unnecessarily complicated by exceedingly inept leadership, but I don't think we need to panic. Whitehouse notwithstanding, we still live under the rule of law.

I will update this page with more information. 

Feel free to post your questions here. Please don't send me private messages. My mailbox is going crazy. Share your own experiences here as well.

Link to this Article on Linked In : https://www.linkedin.com/pulse/you-can-travel-internationally-domestical...

See related article at: https://www.linkedin.com/pulse/trump-executive-immigration-order-what-should-you-do-rajiv-khanna?trk=prof-post

I will also be posting more details on our blog and on our Facebook page.

Immigration Law : 

Comments

Dear Rajiv,

Do you have statistics/number-count on the number of I-407s forms forced on Indian GC holders. I have read in other news channels on this happening to people of other nationalities. However, did this happen to Indians?

Thank You,
Ravi.

I have no information that this was indeed done to any Indian citizens, Ravi ji.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Would you suggest its safe to travel to India and get H1B stamped via DropBox program.
I have an I-140 approved, do you foresee any issues in visa stamping or in entry back to US with new VISA stamped...

Thanks,
Ram

Ram, having an I-140 approval neither helps nor hurts an H-1B visa application. But, I am hearing that more than usual 221(g) administrative processing notices are being issued by the consulates.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hellow Rajiv,

I am planning to go India for my marriage in March 2017. I am Indian citizen with valid H1b approval till Dec 2018. Need to go for H1b and H4 stamping with my wife.

My marriage will take place with Islamic tradition as well as in India court marriage. I have all required documents for stamping including client letter, W2 and pay stubs…etc

1. Is it advisable to go India this time for H1b and H4 stamping after trump executive order?
2. Will it create any issue for H1b/ H4 stamping in Chennai Consulate ?
3. Will it create any issue at Port of Entry in USA while comeback?

Thank you,

As long as the marriage was not by phone (proxy marriage), I see no reason for the marriage to be any less legal than a court marriage in India. As to entry problems, India is not on the list, so, I don't think being Muslim is an issue.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Hi, me and my spouse have green cards(Indian passports) and are in traveling in India right now. We plan to come back mid march. We both work for respectable companies in SF bay area. I was wondering if there could be any problems in our entries after all this travel ban issues? I had a dui related arrest 12 years ago but the case was dismissed and I was never convicted. I have been granted multiple h1's and approved for my green card since then. I was wondering if you have any thoughts about my case

I see no issues above and beyond what is normal for everyone these days, Sameer ji.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Is it safe to travel to India with my H4 stamping pending through Dropbox. I heard there can be delays, but would it be so bad that if am traveling I would need to prefer one way ticket.Also will there be any confusion at the port of entry.

Thanks
Shalini

There is no way to predict the outcome, Shalini ji. Personally, I see no problem.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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