Last updated – October 26, 2023

The Biden Administration ends COVID-19 vaccine requirements for international air travelers.
View the announcement here.

Recent Alerts

Where do I find Gibney’s most recent legal updates?

Recent updates are listed below. For all updates, visit our Insights page.

COVID-19 – Immigration Impacts

Where do I go for international travel advisories and resources?

U.S. Dept of State Travel Advisories:
Country Search

U.S. Centers for Disease Control (CDC):
https://www.cdc.gov/coronavirus/2019-ncov/travelers/international-travel-during-covid19.html
https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html

All travelers should check foreign embassy websites and airline carriers frequently before traveling.  If you have scheduled a visa appointment at a U.S. Embassy, please check U.S. Embassy websites for information regarding closures and cancellations. Please note that some consular websites are not updated immediately, so check back frequently.

For additional information, please visit our Links and Tools section.

General Information on Immigration Policy Changes and Travel

Q1: Where can I find the latest government notices?
Please see our Links and Tools section for general information available on U.S. federal government websites and other sources. The information changes frequently. Some government websites may not be updated and/or may conflict with rules or policies being applied in practice at other agencies, consulates and ports of entry to the U.S. Please contact immigration counsel for specific legal advice on your case.

Q2: What documents should foreign nationals carry while in the United States and traveling domestically?
All travelers, including U.S. citizens, should carry a government issued identification card (e.g. a driver’s license) which is typically accepted on domestic flights as proof of identification. Check with your carrier for a list of acceptable documents. If requested by officers, all non-citizens should be prepared to present evidence of immigration status in the U.S. Lawful permanent residents are required to carry their green card, and temporary visitors should be prepared to present a passport, current I-94, and/or other evidence of status. Note: Many foreign nationals with a valid unexpired I-94 may not require a valid visa stamp for domestic travel within the United States, but do require a valid visa stamp if entering the U.S. from abroad. Different and/or additional documents may be required for international travel. Please contact immigration counsel for specific legal advice and/or information regarding documentation required for international travel and re-entry to the U.S. from abroad.

Q3. What is the government’s policy on searches at airports and other ports of entry to the U.S.?

Those seeking admission to the U.S. are subject to search at ports of entry. For more information regarding the government’s authority and policies regarding searches, please visit the U.S. Customs and Border Protection website.

Q4: Can marijuana use, possession, or sale impact a foreign national’s immigration status?

Yes. Foreign nationals are subject to U.S. federal law that considers marijuana to be a prohibited substance, regardless of whether it is legalized on a state level (e.g., Colorado, California, etc.). Violation of federal laws may have severe immigration consequences for anyone that is not a U.S. citizen, including temporary visitors, students, non-immigrant visa holders and workers, and lawful permanent residents (e.g., green card holders). Under federal U.S. immigration law, the mere admission of the use, possession, or sale of marijuana at any time in the past – either on social media or when interacting with U.S. Customs and/or Immigration Officers – could negatively impact one’s immigration status. Consequences may include deportation, denial of immigration benefits (e.g., visas, green cards, or citizenship), or denial of admission to the U.S.

For more details, please see the Immigrant Legal Resource Center’s Fact Sheet here.

Additional Questions?

Please contact your designated Gibney representative or immigration counsel for specific legal advice. For additional information, please visit our Links and Tools.

If you have any queries not covered by the above FAQs, please contact your designated Gibney representative for further information. We will continuously update these FAQs as more information becomes available.

This website contains general information about Gibney, Anthony & Flaherty, LLP and is not intended to serve as a source of legal advice for any purpose. Neither receipt of information presented on this site nor any email or other electronic communication sent to Gibney, Anthony & Flaherty, LLP or its lawyers through this site will create an attorney-client relationship, and no such email or communication will be treated as confidential. No user of this site should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Gibney, Anthony & Flaherty, LLP expressly disclaims liability with respect to actions taken or not taken based on the contents of this site. Prior results do not guarantee a similar outcome.

White House:
http://www.whitehouse.gov
Executive Orders

U.S. Department of Homeland Security (DHS):
http://www.dhs.gov/

U.S. Citizenship and Immigration Services (USCIS):
http://www.uscis.gov/

U.S. Customs and Border Protection (CBP):
http://www.cbp.gov/
Information for Non-Citizens Arriving at a U.S. Port of Entry
Electronic System for Travel Authorization (ESTA) Under Visa Waiver Program (VWP)
Estimated Wait Times at U.S. Airports and Border Crossings

U.S. Immigration and Customs Enforcement (ICE):
www.ice.gov

U.S. Department of State (DOS):
www.travel.state.gov
Visa Bulletin (Monthly Publication on Availability of Immigrant Visas)
Locate U.S. Consulates
Visa Wait Times at U.S. Consulates Abroad (Nonimmigrant and Immigrant)
Schedule Visa Appointments in Canada
Schedule Visa Appointments in Mexico
Foreign Embassies in the U.S.

U.S. Department of Labor (DOL):
www.dol.gov
PERM FAQs

U.S. Social Security Administration (SSA):
www.ssa.gov
Social Security Office Locator

Internal Revenue Service (IRS):
www.irs.gov
Forms and Publications – *see Publication 519 for “U.S. Tax Guide for Aliens”

Non-Governmental organizations with news and information regarding immigrant rights:

American Immigration Council:
www.americanimmigrationcouncil.org

American Civil Liberties Union:
www.aclu.org
ACLU Know Your Rights Pamphlet