If you are applying for a green card, and you’re out of status (undocumented), you might be wondering if you can leave the US while your application process goes through. The quick answer is that U.S. Green Card holders aren’t specifically forbidden to travel while their case is pending by Citizenship and Immigration Services (USCIS). But going abroad when your green card application is in process is risky.
Why Travel Is Dangerous During Your Green Card Application.
USCIS doesn’t keep you out of the country during the green card process but keep in mind that Customs and Border Protection (CBP) agents at the border decide whether or not to allow you back in. This means even if you do, you don’t know if you’ll be welcomed back into the U.S.
Additionally, if you are on a green card application when you go overseas and USCIS decides to consider your case while you are away, it can be disastrous for your immigration status. It may lead to delays, denials, or, depending on the situation, an inability to get back to the U.S.
What to Consider Before Traveling
As an out-of-status or undocumented person, it’s better if you wait until your green card is approved before leaving the U.S. This is more so if you’re presently without legal status and waiting on an update of status determination.
There are also some additional dangers to traveling, especially now. Travel bans, border closures, or sudden immigration policy changes — as happened often with the COVID-19 pandemic — can derail your plans and make your immigration more difficult.
Why It’s Best to Wait
Leaving the US when your green card application is in process could cause “unlawful presence” if you’ve been out of status for a while. This causes real trouble if you wish to return, such as putting you on the waiting list for re-entry to the United States for several years.
The recommendation usually is to remain in the U.S. until your green card is processed. If you absolutely have to go, then be sure to get in touch with a seasoned immigration attorney so you know what you are up against and what your risks are.
USCIS doesn’t specifically prohibit travel during the green card application process, but traveling out of the U.S. while your case is pending can be a surprise mess if you are out of status. Since reentry is not guaranteed and delays are possible, you are generally better off waiting until your application is approved before traveling. : Consult a legal professional such as an immigration attorney before making any decisions about going outside the country while you are applying to make sure you know the risks.
