US visa checks don't end at approval: What Indian travellers must know

Think your US visa is final? The checks don’t stop there. The Trump administration has reinforced its strict immigration stance, confirming through its official X account that visa holders are under continuous monitoring even after their visas are issued.  

 

“The visa screening does not stop after a visa is issued. Visa holders are continuously monitored to ensure they comply with all US laws and immigration rules,” the US Department of State posted on X on Wednesday. It added that those who fail to abide by the rules could face visa revocation or deportation.

 

The State Department has backed this stance, stating that screening does not end once a visa is granted.  

India has been one of the largest sources of legal immigration to the US, but the uncertainty surrounding both visa holders and Green Card holders has left many reconsidering their plans.

 

Meanwhile, immigration attorneys are advising temporary visa holders to not leave the US for now.

 

Kripa Upadhyay, a Seattle-based immigration attorney, wrote in a post on US-based law firm Buchalter's portal, "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."

 

Upadhyay explained that international students with an F-1 visa who now require an H-1B visa must wait for a regular interview slot. Similarly, an H-1B visa holder whose previous visa expired more than 12 months ago is not eligible for dropbox and must also wait for an interview.

  Fear among visa holders  

 

The announcement has unsettled many visa holders, particularly Indian nationals on H-1B visas and Green Card holders who frequently travel between India and the US.  

 

For Green Card holders, extended trips outside the US are under scrutiny. Under the US Immigration and Nationality Act (INA), those returning after more than 180 days abroad are treated as seeking re-admission and can be assessed for inadmissibility. While residency is generally considered abandoned after a year away, immigration lawyers say shorter absences are also being questioned.   

Customs and Border Protection (CBP) officers have reportedly been pressuring Green Card holders to sign Form I-407, which is used to voluntarily surrender permanent residency. Those who resist have been threatened with detention or deportation, as prolonged stays outside the US are being interpreted as reduced intent to live there permanently.  

 

Visa revocation and monitoring  

 

Non-immigrant visa holders, including those on H-1B, L-1, and student visas, are also concerned about how continuous monitoring could impact their status. Visa revocations have already been reported in cases where individuals were found to have violated the terms of their stay, including working without authorisation or engaging in activities deemed unlawful.  

 

Ashwin Sharma, a Florida-based immigration attorney, told The Times of India, “I have personally handled cases where CBP has targeted elderly Indian Green Card holders, particularly grandparents who have spent a bit longer outside the US. They were pressured to sign Form I-407 to ‘voluntarily’ give up their status. When they resisted, they were threatened with detention or removal by CBP officers emboldened by Trump to act as judge, jury, and executioner.”  

 

Russell A Stamets, partner at Circle of Counsels, told Business Standard, “The credible reports of rough treatment of Green Card holders and others with valid US visas should give pause to anyone travelling to or from the US.”  

 

He added, “Green Card holders usually have strong individual rights in the US, but the current administration appears to be testing legal and customary protections that have existed for decades. It’s uncertain how courts will respond to this shift.”