- 19-Apr-2025
- Healthcare and Medical Malpractice
If you are waiting for a Green Card and wish to travel abroad, it's crucial to understand the potential challenges and risks involved. Traveling outside the U.S. while your Green Card application is pending could impact your ability to return to the country and continue your immigration process. There are options to travel, but they require careful planning to avoid delays or complications.
If your Green Card application is pending and you want to leave the U.S., you must apply for Advance Parole before traveling.
Advance Parole is a travel authorization that allows you to return to the U.S. while your Form I-485 (Application to Adjust Status) is still pending.
Without Advance Parole, leaving the U.S. could be considered abandoning your Green Card application, and it may result in delays or denials upon trying to re-enter the U.S.
You must file Form I-131 (Application for Travel Document) to request Advance Parole, and it can take several months to receive approval.
If you hold a valid non-immigrant visa (such as an H-1B, F-1, or B-2 visa), you can travel abroad and re-enter the U.S. using that visa while your Green Card application is pending.
However, if your immigrant intent is clear (because you are applying for a Green Card), re-entry on a non-immigrant visa could raise questions from U.S. Customs and Border Protection (CBP) at the port of entry, as they may question your intention to immigrate.
If you leave the U.S. without obtaining Advance Parole while your Green Card application is in progress, you may risk being considered to have abandoned your application, leading to the rejection of your petition.
In cases where a visa (like a tourist visa or student visa) is not available to you for re-entry, you may not be able to return to the U.S. until your Green Card is approved, which can take years for some applicants.
If you are outside the U.S. and applying for a Green Card through consular processing, you will not need Advance Parole to travel abroad. Instead, you will complete your Green Card application through the U.S. embassy or consulate in your home country.
In this case, your travel will be handled differently, and you will need to attend an interview at the consulate.
If you are a Green Card holder who is planning to travel abroad for an extended period, you may apply for a re-entry permit. This allows you to stay outside the U.S. for up to 2 years without losing your Green Card status.
While waiting for your Green Card through adjustment of status, the re-entry permit does not apply, but it can be useful after your Green Card is granted and you need to travel.
Traveling abroad can sometimes delay your Green Card application process. If you’re abroad during the time of an interview, biometrics appointment, or additional document requests, you may miss crucial deadlines.
Be mindful that your absence could cause delays in the processing of your application, especially if you have been called for an interview or need to provide additional documents.
Imagine you are an applicant for a Green Card through Adjustment of Status (Form I-485). If you need to travel abroad during this process, you must apply for Advance Parole. Without this document, leaving the U.S. could result in your application being considered abandoned. If you receive Advance Parole, you may travel and return to the U.S. while your application is still pending.
While it is possible to travel abroad while waiting for your Green Card, it requires careful planning. If you plan to leave the U.S., make sure to apply for Advance Parole to avoid complications or delays in your application process. It's always advisable to consult with an immigration attorney before making any travel plans during the Green Card process to ensure you are following the correct procedures and avoid jeopardizing your application.
Answer By Law4u Team
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