Navigating a New Era of Immigration Risk at and Beyond the Border

By Jason Levy, Counsel

For decades before 2025, international travel to the United States and domestic travel within the country generally involved manageable and predictable immigration-related risks. That has changed. Increased scrutiny at U.S. ports of entry and domestic airports, combined with heightened immigration enforcement throughout the country, can now place individuals and employers in difficult and unexpected situations with little warning. In response, Grossman Young & Hammond (GYH) has developed two services, TranscendEntry℠ and On-Call ImmLaw, to provide timely access to immigration counsel when legal guidance is at a premium.

TranscendEntry℠ : Legal Support When International Travel Becomes Complicated

International travel is increasingly unpredictable. A routine business trip abroad can result in extended secondary inspection, detailed questioning about immigration history and travel, searches of electronic devices, or other complications when a traveler returns to the United States. For employers with internationally mobile employees, and for executives, employees, and other individual travelers, these developments can create significant uncertainty and disruption.

TranscendEntry℠ is GYH’s traveler protection program, designed to provide immigration guidance and access to experienced counsel before and during international travel. The program combines pre-travel planning with attorney availability during a traveler’s entry into the United States.

Before departure, experienced GYH counsel reviews the traveler’s circumstances, identifies potential immigration concerns, provides customized guidance, and prepares representation documentation, as appropriate. The traveler will typically provide answers to our detailed questionnaire to uncover matters or concerns relating to potential tripwires arising from immigration status violations or other immigration or visa problems, past law-enforcement encounters, the traveler’s employment or educational background, family ties in the United States, or other circumstances that may warrant additional review.

Later, during the travel period covered by the representation, a skilled GYH attorney remains on standby through the TranscendEntry℠ 24/7 hotline. Although U.S. travelers do not have a guaranteed right to counsel during an inspection before a CBP officer, our TranscendEntry℠ service ensures that travelers can communicate with experienced immigration counsel when legal intervention becomes possible and appropriate.

During this past year, GYH has skillfully represented dozens of travelers, including high level executives, lawful permanent residents (LPRs or Green Card holders) returning from a visit abroad, individuals with problematic law enforcement backgrounds, individuals visiting the United States for pleasure (including for the recent FIFA World Cup—take a look at our related webinar here) or to resume lawful employment in the United States. A small sampling of our successes includes the following:

• A foreign national couple with conditional lawful permanent residence pursuant to the immigrant investor (EB-5) visa program retained GYH to address the denial of their application to remove the conditions on their LPR status and facilitate their frequent international travel. Following consultation with our team and accompanied by a legal memo and supporting documentation drafted by our firm, they have safely returned from overseas travel on several occasions.
• An elderly LPR who has health concerns and limited English proficiency was returning to the United States after an extended visit in her home country. After a consultation to prepare for her likely referral to secondary inspection for questions relating to possible abandonment of her LPR status and helping her develop documentation to evidence that she never relinquished her intent to reside in the United States, she successfully entered the United States where she was reunited with her U.S. citizen daughter and grandchildren. (View GYH counsel appearance on the Essential Tax Podcast addressing LPR abandonment and other matters here.)
• A large corporation involved in politically sensitive matters planned a corporate retreat in the Western United States for staff and executives from throughout Europe, Latin America, and elsewhere. The sensitivity of their work produced reasonable anxiety and concern among the traveling employes that they may face complications during their entry. Following coordination with each employee, all travelers were admitted without incident to freely participate in the event.

In an environment where routine international travel can carry unexpected immigration risks, TranscendEntry℠ provides a proactive framework for identifying those risks, preparing travelers, and providing responsive legal support when it matters most.

On-Call ImmLaw

On-Call ImmLaw provides individuals facing the possibility of immigration enforcement action with rapid access to an initial immigration screening and attorney review without requiring a commitment to more fulsome legal representation. Through a dedicated 24/7 hotline, callers complete a guided screening, after which an experienced immigration attorney reviews their information and assesses potential options and next steps. The limited-scope service is designed to provide clarity and direction when concerns relating to immigration enforcement are needed quickly.

How We Can Help

If you or your organization have questions or concerns involving an upcoming international trip or a possible encounter with immigration enforcement in the United States, having access to experienced immigration counsel can provide valuable guidance. Grossman Young & Hammond’s TranscendEntry℠ and On-Call ImmLaw services are designed to provide that access by helping travelers prepare for potential issues at the border and giving individuals facing enforcement concerns a way to obtain timely legal guidance. To learn more about either service, please contact Grossman Young & Hammond.

www.grossmanyoung.com  |  info@grossmanyoung.com  |  (240) 403-0913  |  (301) 917-6900

*Disclaimer: This information is presented for the purposes of general education and does not constitute legal advice.