Immigration attorneys across the United States are advising Indian nationals, including H-1B visa holders, international students, and even those with green cards, to reconsider traveling outside the country. While India is not currently listed in any proposed travel bans, legal experts warn that travelers are experiencing visa stamping delays, heightened security screenings, and, in some cases, even detention upon arrival at U.S. airports.
Seattle-based immigration attorney Kripa Upadhyay cautioned in an interview with TOI’s Lubna Kably, stating, “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.” This warning comes amid recent changes by the U.S. Department of State regarding interview waiver, commonly known as the “dropbox” process. Previously, non-immigrant visa holders, except for B visitor visas, could apply for a waiver if their visa had expired within the last 48 months. However, under the new rule, only those renewing the same visa category within 12 months of expiration are eligible for dropbox appointments.
According to Upadhyay, this adjustment has significant consequences for many Indian professionals and students. Those on an F-1 student visa transitioning to an H-1B work visa must now undergo the full visa interview process. Likewise, an H-1B visa holder whose previous visa expired more than a year ago is no longer eligible for dropbox renewal and must also schedule an interview.
Another immigration attorney, Snehal Batra, who serves as the managing attorney at NPZ Law Group, pointed out that delays in obtaining visa appointments are just one part of the issue. She elaborated, “Delays due to visa appointment availability is 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.”
Immigration experts are also highlighting a growing risk that even after a visa is approved by the U.S. Citizenship and Immigration Services (USCIS), consular officers have the authority to reject the visa and send the application back for further review. Upadhyay explained the serious implications of such re-adjudication, warning, “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.”
Rajiv S. Khanna, managing attorney at Immigration.com, suggested that if travel is absolutely necessary, visa applicants and their employers should develop alternative arrangements in case of delays. He advised, “If travel is unavoidable, visa applicants and their employers should also try to have contingency plans in case of delayed stamping such as continuing work from their home country.”
Even green card holders are facing increased scrutiny at U.S. ports of entry. Immigration attorneys are reporting a rising number of cases where lawful permanent residents, including Indian nationals, have been subjected to secondary inspections or even overnight detention by U.S. Customs and Border Protection (CBP) officers. Some individuals have reportedly been pressured to voluntarily surrender their green cards.
Older Indian nationals who hold green cards and spend extended periods in India while visiting their families in the U.S. are particularly at risk. Given the heightened scrutiny, attorneys are now strongly urging green card holders who have yet to apply for U.S. citizenship to do so as soon as possible. For those who have lived in the U.S. for decades, securing American passports would eliminate the risk of facing such complications upon re-entry.
With the tightening of immigration policies and increased security measures, legal experts recommend that Indian nationals carefully assess their travel plans and take necessary precautions before deciding to leave the United States.