Getting a Green Card through marriage is an exciting and life-changing experience, but the process can be long and stressful. Many applicants wonder if they can leave the U.S. for travel while they wait for their Green Card approved.
To avoid any negative consequences, it’s important to fully understand the rules before making travel plans. We highly recommend getting help from an immigration lawyer or an online service like Alvva to guide you through the application process.
Not seeking proper advice could result in restarting the process or, in the worst case, being denied entry into the U.S. for a long period. In this article, we will answer a frequently asked question: can I travel while I wait for my Green Card approval? Read on to find helpful information about some of the challenges you may face if you want or need to travel while your Green Card application is being processed.
Adjustment of Status vs. Consular Processing
If you applied for an adjustment of status and it’s still pending, be careful when making travel plans. Leaving the U.S. while your application is pending can automatically cancel your application unless you have an advance travel permit, which allows you to travel. This permit is only granted in limited circumstances, but applicants should avoid international travel if their Adjustment of Status application is pending. If there’s an extreme emergency outside the U.S., you can file an emergency Form I-131 for advance travel permission and coordinate your trip accordingly.
If you applied for a Green Card through consular processing and are waiting for your visa to be issued, you’re free to travel. However, remember that the consulate may ask for new or additional information during processing. If you miss the deadlines, your application might be denied. It’s important to follow the timeline for your case. For example, make sure not to overstay the validity of your visa, as this could affect your application. So, stay aware of your visa’s expiration to avoid risking your process.
Travel Options While Waiting for Green Card Approval
To make sure you can re-enter the U.S. after traveling, you need to file Form I-131, the Application for Travel Document. The best approach is to include Form I-131 in your initial Green Card application package. This form should be submitted with Form I-485 and Form I-130, along with supporting documents like a copy of your passport photo page. When filing I-131 with your initial Green Card application, the filing fee is $630 USD.
Processing takes about 90 days from the date it’s received by USCIS. They will issue a travel authorization, also called an Advance Parole Document, before you can leave the U.S. Be sure to always carry this document when traveling until you become a permanent resident. This document, along with other required travel documents, must be shown when entering or leaving the U.S. If you don’t have your Advance Parole, you may not be allowed to enter or exit the country. In an emergency, you can get an emergency travel document with an expiration date from official government websites like USCIS.
If you’re applying for residency through Consular Processing and are outside the U.S. while waiting for your Green Card, you can visit your spouse in the U.S. on a tourist visa. A tourist visa is a non-immigrant visa that allows foreigners to stay temporarily in the U.S. for business, tourism, or both.
Reentry Risks When Traveling
It’s important to remember that without USCIS receipt notices showing your application is being processed, there’s no proof of a pending Green Card application. This means that traveling within the U.S. without a valid visa or status could lead to issues if you encounter U.S. immigration officers. Extra caution is needed when traveling outside of the continental U.S. (like to Hawaii or Puerto Rico). If there’s an emergency landing or layover in a non-U.S. territory, USCIS may consider that you’ve left the U.S., which could lead to your Green Card application being canceled.
When returning to the U.S. after international travel, it’s ultimately up to U.S. Customs and Border Protection officers to decide whether to let you in. Even with an advance parole document and valid travel authorization, reentry can still be denied. So, having travel authorization doesn’t guarantee entry into the U.S. Although reentry problems are rare, there’s always a risk. You can reduce this risk by following the laws and avoiding anything that could affect your re-entry.
Biometrics, Requests for Evidence, and USCIS Interviews
After you submit your Green Card application, USCIS will send a notice with a scheduled biometrics appointment at a local Application Support Center (ASC). This notice, known as Form I-797C, includes the date, time, and location of your appointment. If you’re traveling abroad with a dual-intent visa when you receive the biometrics appointment notice, it could be difficult to return to the U.S. in time, and rescheduling can be tricky.
Also, you may need to provide additional information for your application. When this happens, USCIS sends a “Request for Evidence” (RFE) letter. The RFE outlines what documents are needed and gives a deadline for submission. Failing to respond before the deadline can lead to your application being denied. If you plan to travel abroad while your application is pending, keep in mind that if you receive an RFE while you’re away, you must respond before the deadline to avoid denial of your application.
Another thing to consider is your USCIS interview. A few months after the biometrics appointment, USCIS will schedule an in-person interview with an officer. They’ll send a notice (Form I-797C) with the date, time, and location of your interview. You mustn’t miss this appointment. If you’re traveling abroad when you receive the notice, it could be challenging to return in time, which might impact your case.
Traveling Safely with a Pending Green Card Application
Travel while you wait for Green Card approval involves risks and potential complications. Staying informed and following all the rules will help prevent delays or denials in your application process. By keeping up with USCIS notices, ensuring you have the right documents, and seeking expert guidance from services like Alvva, you can minimize risks, maintain legal status, and increase your chances of success. Stay informed, be cautious, and prioritize compliance to travel smoothly while awaiting your approval.
Considering the potential risks and complications of traveling without a valid visa or status while your Green Card application is pending, Alvva can be a helpful option for guidance before you decide to travel. Alvva offers convenient services through WhatsApp, email, and phone calls. Alvva is also a more affordable alternative to traditional immigration lawyers, which could save you thousands. Plus, Alvva provides services in both English and Spanish. By using Alvva’s services, you can ensure you have the proper documents and guidance throughout the application process, reducing the chances of complications. Start your free consultation today.
