At Willberg Law, our advice right now is direct: unless you are a United States citizen, this is not the time to travel, whether across the country or abroad. Enforcement at airports, on highways, and on buses and trains has intensified, and passenger data is now routinely shared with immigration authorities. A single trip can expose problems in your case that you did not know existed, and can place you directly in the path of immigration officials.
The risks are different depending on your status. Below is what green card holders, visa holders, and undocumented individuals each need to understand before making any travel plans.
A Green Card Does Not Make You Immune
Lawful permanent residents have more protections than other non-citizens, but a green card is not a shield against arrest, questioning, or removal. The most common trap is criminal history. An old DUI, a misdemeanor, or a plea deal you accepted years ago can make you removable today, and you may not learn this until an officer reviews your record at an airport or a traffic stop. Never accept any criminal plea without first speaking to an immigration attorney, because a plea that seems minor in criminal court can have permanent immigration consequences.
Green card holders should also be aware that federal law requires you to carry your green card at all times. If you are stopped, you are required to present it. What you should never do is sign anything, especially a voluntary departure form, without speaking to your attorney first. Signing away your rights at an airport or detention center can permanently waive your right to see an immigration judge.
For Visa Holders, Your I-94 Is What Really Matters
Many visa holders travel domestically without realizing they have already fallen out of status. The critical point to understand is that your I-94, not the visa stamp in your passport, controls how long you are legally allowed to stay. Your visa stamp can look perfectly valid while your authorized stay has already expired.
There are many ways to fall out of status without noticing: changing employers without an approved transfer, dropping below full-time enrollment as a student, working outside your approved duties, or simply remaining past your I-94 expiration date. Because immigration authorities now cross-reference airline passenger data, people have been detained at airports for status problems they did not know they had. Before you make any travel plans, check your I-94 expiration date, and if it has expired or you are unsure, speak with an attorney before you go anywhere.
For Undocumented Individuals, Even Domestic Travel Carries Serious Risk
Traveling inside the United States has become far riskier. Domestic flights, buses, trains, and even driving to a nearby city can put you in contact with immigration officials. Airports are a particular concern because passenger information is shared with enforcement agencies, and this is most dangerous for anyone with a prior removal order, a pending application, or any criminal history.
Ground travel is not necessarily safer. Immigration authorities have the power to board buses and trains within 100 miles of any U.S. border without a warrant, and that zone covers nearly all of Florida along with large portions of other states. You have the right to decline to answer questions about your status, but you should understand the real-world risks of doing so and plan accordingly.
Know Your Rights If You Are Stopped
Regardless of your status, a few principles apply if you are ever stopped, questioned, or detained. Stay calm and do not run, argue, or physically resist. You have the right to remain silent, and you can say so clearly. You have the right to ask for an attorney, and you should repeat that request as many times as necessary. And you should not sign any document before speaking with your lawyer, because some forms permanently give up rights that cannot be recovered.
It is also wise to prepare before any travel or in case of an encounter. Write down your attorney’s phone number on paper and memorize it, since you may lose access to your phone. Tell a trusted person your plans and how to reach your attorney. If you have children, designate someone who can care for them if you are detained. Keep copies of your important immigration documents.
Talk to Us Before You Book Anything
The safest course right now is to postpone non-essential travel until you have confirmed where you stand. If you have any question about your status, an old criminal issue, an expired I-94, or a pending case, one conversation with a licensed immigration attorney before you travel can prevent a crisis that is far harder to fix afterward. One trip is not worth your case.
If you are unsure whether it is safe for you to travel, contact Willberg Law before you make any plans.
Willberg Law 2121 SW 3rd Ave., Suite 201, Miami, FL 33129 786-966-7800 · grace@willberglaw.com · willberglaw.com