Immigration authorities in the United States have warned Indian nationals, including H-1B workers, international students (F-1 holders) and Green Card holders, against travelling outside the country. This comes hot on the heels of US officials forcing Green Card holders to ‘voluntarily’ give up residency at American airports and threatening them with detention if they push back. The authorities are targeting elderly Indian Green Card holders who spend winter months in India.
India is not on the proposed travel ban list of the United States, but officials have still issued an advisory citing visa stamping delays and incidents of travellers being detained at US airports.
‘Think twice before leaving US’
“As heartless as this may seem, foreign nationals (especially those needing renewal of H-1B or F-1 visa stamps) really need to think twice about leaving the US right now,” TOI quoted Seattle-based immigration Kripa Upadhyay as saying.
Immigration experts warn that visa applicants are facing heightened scrutiny, often without explanation.
“Delays due to visa appointment availability are only part of the concern. We know of individuals who are stuck in administrative processing for no apparent reason other than additional scrutiny and security clearances. This should not have happened, if the individual has been previously approved for a visa multiple times. I think we can expect to see ‘extreme vetting’ similar to the tenure of the earlier Trump administration,” TOI quoted Snehal Batra, managing attorney at NPZ Law Group, as saying.
In the previous Trump administration, there were reports of sky marshals distributing Form I-407 on planes, pressuring travellers to sign it and ‘voluntarily’ give up their Green Cards mid-flight.
US revises visa rules
The US State Department has revised visa interview waiver rules, commonly known as ‘dropbox’ applications. Earlier, non-immigrant visa holders could renew their visas without attending an interview if their last visa expired within the last 48 months. That window has now been reduced to just 12 months for those renewing the same category visa. This change means more in-person interviews, hence delays in visa stampings.
The new rules have particularly impacted F-1 student visa holders who are transitioning to H-1B work visas, and H-1B holders applying for an extension if their previous visa expired over a year ago.
Earlier, these people could renew their visas without attending an interview. Now, they must schedule an in-person appointment, making the process longer, more complex, and prone to delays.
According to several reports, consular officers have greater discretion to reject visa applications and send cases back to the US Citizenship and Immigration Services (USCIS) for re-adjudication. This could leave H-1B and other visa holders stranded outside the US for months.
“In a situation like this, employees outside the country would be stuck for several months (4-6 months minimum) before they can return to the US,” Batra added.
Immigration attorneys are also advising long-term Green Card holders who have not yet applied for American citizenship to do so immediately. With reports of lawful permanent residents being coerced into surrendering their status, attorneys urge them to secure a US passport before travelling abroad to avoid unnecessary complications.
