The I-130, Petition for Alien Relative, is a crucial first step for U.S. citizens and lawful permanent residents (LPRs) seeking to help a relative obtain a green card. While I-130 approval is a significant milestone, it’s essential to understand that it’s just the beginning of the immigration process. So, can I travel after I-130 is approved? The answer is nuanced and depends on several factors.
An approved I-130 petition establishes a qualifying relationship between the petitioner (the U.S. citizen or LPR) and the beneficiary (the foreign national relative). It also indicates the petitioner’s intention to sponsor the beneficiary for a green card. However, the I-130 approval itself does not grant any immigration status or permission to enter or remain in the United States. It’s simply a prerequisite to applying for a green card.
The subsequent steps and your ability to travel hinge on your relationship category and whether you are currently inside or outside the United States.
The family relationship dictates wait times. You’ll fall into one of two categories:
-
Immediate Relative: This category has no waiting period.
- Spouse of a U.S. citizen
- Unmarried child (under 21 years of age) of a U.S. citizen
- Orphan adopted abroad by a U.S. citizen
- Orphan to be adopted in the United States by a U.S. citizen
- Parent of a U.S. citizen (if the U.S. citizen is at least 21 years old)
-
Family Preference: This category does have a waiting period determined by visa availability.
- Unmarried adult son or daughter (age 21 or over) of a U.S. citizen
- Spouse or unmarried child (under age 21) of a permanent resident
- Unmarried adult son or daughter of a permanent resident
- Married son or daughter (any age) of a U.S. citizen
- Brother or sister of a U.S. citizen (if the U.S. citizen is at least 21 years old)
Now, let’s delve deeper into how this affects your travel plans.
Traveling Before Adjustment of Status (If Inside the U.S.)
If you are inside the United States when your I-130 is approved, your next step is typically to file Form I-485, Application to Register Permanent Residence or Adjust Status. This allows you to apply for a green card from within the U.S.
Crucially, if you are in the U.S. on a non-immigrant visa, traveling outside the U.S. after filing Form I-485 but before receiving Advance Parole can be detrimental to your green card application. Leaving the country without Advance Parole could be interpreted as abandoning your adjustment of status application. This means your application could be denied, and you might have difficulty re-entering the United States.
- Advance Parole: To travel safely while your I-485 is pending, you must apply for and receive Advance Parole (Form I-131). This document allows you to leave and re-enter the U.S. without jeopardizing your adjustment of status application. However, it’s important to understand that Advance Parole does not guarantee re-entry; you will still be inspected at the port of entry, and CBP (Customs and Border Protection) officers have the final say.
Traveling Before Consular Processing (If Outside the U.S.)
If you are outside the United States, your case will be processed through Consular Processing. After the I-130 is approved, the National Visa Center (NVC) will contact you with instructions on how to proceed. This involves submitting further documentation and eventually attending an interview at a U.S. embassy or consulate in your home country.
Before your immigrant visa is issued, avoid any travel to the United States using a tourist visa (B-1/B-2) or through the Visa Waiver Program (ESTA). Doing so could raise concerns that you intend to immigrate to the U.S., violating the terms of your visitor visa or ESTA. This could lead to denial of your immigrant visa and future visa applications. It’s generally best to remain in your home country and await your immigrant visa interview.
Important Considerations Regarding Travel
- Consult with an Immigration Attorney: The information provided here is for general knowledge only and should not be considered legal advice. Given the complexities of immigration law, it’s always advisable to consult with an experienced immigration attorney to discuss your specific situation and travel plans.
- Changing Circumstances: Any changes to your circumstances, such as a new marriage or a criminal record, could impact your eligibility for a green card. Be sure to inform USCIS or the NVC of any such changes.
- Visa Bulletin: If you are in a Family Preference category, monitor the Visa Bulletin for updates on visa availability. This bulletin indicates when your priority date (the date your I-130 petition was filed) becomes current, making you eligible to move forward with your green card application.
Conclusion
So, can I travel after I-130 is approved? In summary, the answer depends on whether you are inside or outside the U.S. If inside, obtaining Advance Parole is crucial before traveling. If outside, it’s best to avoid traveling to the U.S. on a visitor visa or ESTA. Always consult with an immigration attorney to ensure you understand the potential consequences of your travel plans and to protect your path to a green card. Approaching your immigration journey with informed decisions will make the process smoother and more successful.
