Can You Travel While Your Immigration Case Is Still Pending?

A sudden need to travel outside the United States can cause significant stress when you have a pending immigration application. Will a quick trip ruin your chances of becoming a permanent resident?

While you technically have ways to travel internationally while your immigration case remains open, doing so comes with certain risks, and you must take specific precautions. If you do need to travel, you should:

• Obtain an advance parole document before you depart.
• Understand the risks of “abandoning” your pending green card application.
• Apply for emergency travel documentation if an urgent situation arises.

At Kriezelman Burton & Associates, LLC, we provide aggressive and professional legal representation to help you obtain your desired immigration status. Our experienced attorneys can help you protect your rights while you await your case’s approval.

The Importance of Maintaining Lawful Presence

Leaving the country without proper documentation can trigger severe consequences. You must maintain a valid legal status at all times for the sake of your immigration case. If you have accrued unlawful presence, departing the United States might lead to a formal determination of inadmissibility that bars you from returning for up to 10 years. Obtaining the proper documentation before any international travel can help you protect your status while it is pending.

Advance Parole Requirements

An advance parole document allows you to return to the United States while your immigration application is pending. You need to apply for advance parole if you have a pending Form I-485 (green card) or a pending asylum application. You must apply for and receive this specific document before leaving the country by filing Form I-131.

Having this document does not guarantee admission back into the U.S., as Customs and Border Protection officers will make the final decision regarding your reentry at the border. However, it is undeniably necessary to have this travel authorization to prevent the government from closing your case.

Travel Risks During a Pending Green Card Application

Traveling abroad requires careful planning if you are waiting for a green card. If you leave the United States without an advance parole document, the government will likely assume you abandoned your adjustment of status application. Abandoning your application means you will have to start the lengthy process over from the beginning. You might also face an immediate denial of entry should you attempt to return to the country.

In these circumstances, you should always speak with an experienced attorney before you book a flight. We can review your specific circumstances to determine the safest course of action for your immigration future.

Are There Options for Emergency Travel?

Unexpected family emergencies or urgent business matters sometimes require immediate travel. If you experience an urgent need to leave the United States, you can apply for expedited processing of your travel documents. You typically must provide substantial evidence of your emergency, such as critical medical needs or the sudden death of a loved one, to qualify for expedited processing.

Protect Your Future Status Before You Travel

Traveling outside the United States with a pending immigration case requires proper travel authorization and careful legal guidance. You must obtain the correct documents to protect your application and your future in the U.S., should you choose to accept the risks that may come with international travel for pending cases.

At Kriezelman Burton & Associates, LLC, our practice is dedicated to helping people reunite with their families and secure their legal status through immigration. If you are unsure whether traveling is possible for your immigration situation, contact us today or call 312-332-2550 to schedule a consultation with our experienced team.