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 to wait until your green card is approved before leaving the U.S. This is more so if you’re present 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.
General Guidelines
- Travel Restrictions: If you have applied for a green card through adjustment of status (Form I-485), you cannot leave the U.S. until you have received an approved travel permit, known as “advance parole.” Traveling without this permit will result in your application being considered abandoned, leading to its denial.
- Out-of-Status Considerations: If you are currently out of status (meaning your visa has expired or you are otherwise not legally present in the U.S.), leaving the country can complicate your situation significantly. In general, individuals out of status should avoid international travel, as it can lead to a bar on re-entry and further legal complications.
- Advance Parole: To travel while your green card application is pending, you must apply for advance parole using Form I-131. This document allows you to re-enter the U.S. after traveling abroad. Processing times can vary, so it’s advisable to apply as early as possible.
- Traveling on Other Visas: If you hold a valid visa (like H-1B or H-4), you may be able to travel internationally without abandoning your green card application. However, returning on your visa is recommended rather than using advance parole to maintain better legal standing.
Recommendations
- Before Traveling: Always consult with an immigration attorney before making any travel plans while your green card application is pending, especially if you are out of status.
- Apply for Advance Parole: If you must travel, make sure to submit and get approval for your advance parole application before departing the U.S.
- Document Your Status: Keep all documentation related to your immigration status organized and readily available when traveling.
How long does it take to get an advance parole travel document
The processing time for an advance parole travel document (Form I-131) can vary significantly based on several factors. Here are the current estimates:
General Processing Time: On average, it takes about 3 to 5 months to process an advance parole application. However, some sources indicate that it can take longer, with estimates ranging from 6 to 18 months depending on the service center and any potential backlogs.
Factors Affecting Processing Time:
- Service Center Variability: Different USCIS service centers may have different processing times, which can impact how long you wait.
- Application Completeness: If there are any errors or missing information in your application, this could lead to delays as USCIS may issue a Request for Evidence (RFE) that requires your response before they can proceed.
- Concurrent Applications: If you are applying for advance parole alongside other applications (like Form I-485), the processing may take longer due to the need to review multiple documents together.
- Urgent Situations: If you have an urgent need to travel, it’s advisable to contact USCIS directly or consult with an immigration attorney for guidance on expediting your application
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 isn’t guaranteed and delays can occur, it’s usually better to wait until your application is approved before traveling. Consult a legal professional, such as an immigration attorney, before making any decisions about traveling outside the country during your application process to understand the risks.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for an H-1B Visa or an F-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
