Senior Associate
Waiting for a green card can feel like a balancing act, especially if you have family, work, or personal commitments outside the U.S. You might be eager to visit loved ones, attend important events, or handle affairs abroad. However, leaving the country while your green card application is pending can impact your status here in ways you may not expect. Knowing what’s permitted and what risks may arise can help you make informed choices about your travel plans without jeopardizing your application.
What to Know About Travel While Waiting
When waiting for a green card, travel can become a bit complex. For applicants adjusting their status from within the U.S., leaving the country without the proper authorization can disrupt or even jeopardize the application. To travel without affecting your application, you’ll generally need a document called “Advance Parole.” This allows you to temporarily leave and return to the U.S. without abandoning your green card application. However, if you’re applying from outside the U.S., it’s typically best to wait for the green card to be approved before attempting to enter unless you already hold a valid visa. Each travel scenario is unique, so understanding the guidelines is essential to avoid setbacks.
Understanding Advance Parole
Advance Parole is a travel document that green card applicants adjusting their status within the U.S. need if they wish to leave the country temporarily. Without it, you risk having your green card application deemed abandoned. Here’s what to know about Advance Parole:
- What It Is: Advance Parole allows you to leave and re-enter the U.S. without losing your green card application status. Think of it as temporary travel permission.
- How to Apply: You’ll need to file Form I-131 with U.S. Citizenship and Immigration Services (USCIS). Along with the form, you’ll pay a filing fee, and you may need to submit additional supporting documents to verify your eligibility.
- Approval Timeline: Processing times for Advance Parole can vary, so it’s best to apply well in advance of any planned travel. Leaving the U.S. before receiving approval may disrupt your green card application.
- Renewal Needs: Each trip may require its own Advance Parole approval, so plan accordingly if you anticipate multiple trips abroad.
By securing Advance Parole, you can travel without putting your green card application at risk.
Risks of Traveling Without Authorization
Traveling without proper authorization while waiting for your green card can lead to serious setbacks. If you leave the U.S. without Advance Parole, your departure may be considered an abandonment of your green card application, meaning you may have to restart the entire process. Additionally, re-entry into the U.S. without authorization can lead to being denied entry, regardless of the progress you’ve made on your application.
Even if you’re allowed back in, unauthorized travel can cause delays or complications that disrupt your timeline. For applicants who have accumulated unlawful presence, leaving without authorization could also trigger bars to re-entry. Securing Advance Parole is essential to protect your application and avoid these potential risks.
When Traveling Might Be an Option
There are some cases where traveling might be feasible while awaiting a green card, especially if you already hold a visa that allows re-entry into the U.S. For example, if you have a valid H-1B or L-1 visa, you may be able to travel and return without affecting your application status. It’s always wise to consult with an attorney, as every case is unique, and travel can carry specific risks based on individual circumstances.
Consulting with an Immigration Attorney
Consulting with an immigration attorney can make a significant difference when deciding whether to travel while your green card application is pending. We can help you assess your unique situation, explain potential risks, and guide you in securing necessary travel documents. Our goal is to ensure that you stay informed and protect your application throughout the process so you can move forward with confidence.
Protect Your Green Card Application
Understanding the guidelines around travel during the green card process can help you avoid delays and protect your application. If you’re considering travel or have questions about your specific situation, contact LaFountain & Wollman, P.C. We’re here to provide the guidance and support you need for a smooth journey forward.