Since the terror attacks of September 11, 2001 non-citizens, whether nonimigrants or immigrants, must show clear evidence of legal status if they plan to depart from and return to the United States.
Common sense dictates that long waits at airports or land borders will be the norm, and that proof of legal status is now essential. Tien-Li Loke Walsh and Bernard P. Wolfsdorf, have surveyed the situation, and my summary is based on their survey, which is found at: http://www.ilw.com/lawyers/colum_article/articles/2001,1114-Walsh.shtm
The airlines are now providing information to the FBI and the INS about the identities of all persons who are travelling to the United States from foreign countries. This will allow the FBI and the INS to “profile” foreign arrivals. I personally find this some cause for concern, since “profiling” is always hazardous, and may easily catch innocent people in the dragnet. There is an informal internet polling service called “vote.com” and when I checked it recently 74% of the 11,000 respondents had answered “Yes” to the question: “Should visas be denied to Arabs and Muslims?”
The airports that are now most involved in the scrutiny of arrivals are New York, Boston, San Juan (Puerto Rico), and Miami. The State Department has a list of forty “suspect” countries, and nationals of those countries can expect the ordeal of secondary inspection that might include fingerprinting, body searches, and the videotaping of responses to questions. Legal residents absolutely must show their green cards, and one or more other document of photo identification. Failure to have and show the green card can even lead to arrest and prosecution, according to a law long on the books that may now be brushed off and utilized. Nonimmigrant workers must show the I-797 Approval Notice, passport, and valid I-94. In a specific example of the new “profiling,” the State Department has announced that men between the ages of 16 and 45 from certain Arab and Muslim countries will be subject to a delay of at least twenty days in connection with their applications for visas, and the completion of a background questionnaire. Midas
My readers should make very sure that they have valid documents that demonstrate legal status before departing from the United States. If you go home for the holidays, make sure that you will get back in!