Applying for permanent residence in the United States is a significant step. However, many applicants wonder, “Can I Travel While Waiting For Permanent Residence?” The answer isn’t always straightforward and depends heavily on your current immigration status and the documents you possess. This guide provides a comprehensive overview of the rules and precautions you should take before traveling outside the US while your Green Card application is pending.
Understanding Travel Documents
Generally, to re-enter the United States after traveling abroad, you need a valid entry document, such as a Permanent Resident Card (Green Card) or a nonimmigrant visa. If you don’t have these, you’ll need a valid and unexpired travel document. The specific document required depends on your immigration status and any pending immigration benefit requests. It’s crucial to apply for and obtain the necessary travel documents before leaving the United States. Always consider USCIS processing times when planning your travel.
For those with pending applications, Form I-131, Application for Travel Document, Parole Document, and Arrival/Departure Record, is crucial. This form is used to request:
- Advance Parole Document: For those seeking to return after temporary travel abroad. This includes those seeking advance permission to travel for Commonwealth of the Northern Mariana Islands (CNMI) long-term residents.
- Refugee Travel Document: For individuals with refugee or asylum status.
- Reentry Permit: For lawful permanent residents who will be outside the US for an extended period.
- Temporary Protected Status (TPS) Travel Authorization: For TPS beneficiaries.
If you’re already outside the United States and your reentry permit, Green Card, advance parole document, or TPS travel authorization has been lost, stolen, or destroyed, you’ll need to apply for Form I-131A, Application for Carrier Documentation.
Important Cautions Before You Travel
Traveling outside the United States while your Green Card application is pending can have serious immigration consequences. Even with the appropriate documents, admission or parole into the United States isn’t guaranteed. You’re still subject to inspection at a port of entry to determine your admissibility.
Here are specific considerations for different situations:
Nonimmigrants
If you’re in the US on a nonimmigrant visa and have filed Form I-539, Application to Extend/Change Nonimmigrant Status, leaving the US before a decision is made on your application will generally result in its abandonment. Even with an advance parole document, the change of status application is considered abandoned. Upon returning to the United States, you might be denied admission if your previous status has expired.
Pending Green Card Application
Leaving the United States without the correct travel documentation, such as an advance parole document, while your adjustment of status (Green Card) application is pending could result in being denied re-entry. Even if you are allowed to re-enter, you may be found to have abandoned your pending application for adjustment of status.
Unlawful Presence or Removal Order
If you’ve accrued unlawful presence in the United States or have a removal order, seeking admission after leaving the US might lead to inadmissibility, even with a travel document. However, travel on advance parole doesn’t always trigger the unlawful presence bar.
Types of Travel Documents Explained
Advance Parole Document
An advance parole document permits you to return to the United States without needing a visa. Transportation companies, like airlines, accept it as proof of your authorization to travel to the US. It’s essential to note that an advance parole document doesn’t replace your passport, and re-entry isn’t guaranteed. CBP officers at the airport or border make the final decision regarding your admission.
Advance parole is commonly used when someone has a pending:
- Application for Adjustment of Status (Form I-485)
- Asylum Application (Form I-589)
- Temporary Protected Status (TPS) Application
Refugee Travel Document
USCIS issues refugee travel documents to individuals with refugee or asylum status and to lawful permanent residents who obtained their Green Cards based on their refugee or asylee status. You must have a refugee travel document to return to the United States if you:
- Have refugee or asylee status but aren’t a lawful permanent resident (Green Card holder).
- Are a derivative asylee or refugee.
Failing to obtain a refugee travel document before leaving the US could lead to being barred from re-entry or being placed in removal proceedings.
Reentry Permit
Permanent or conditional residents should apply for a reentry permit if they anticipate being outside the United States for one year or more. A valid reentry permit allows you to apply for admission to the U.S. without needing a returning resident visa from a U.S. Embassy or Consulate.
Temporary Protected Status Travel Document
Travel authorization for TPS beneficiaries allows you to travel back to the United States and, if eligible, be inspected and admitted into TPS. Transportation companies can accept a TPS travel authorization document instead of a visa as proof of your authorization to travel to the US. It does not replace your passport, and re-entry isn’t guaranteed. CBP officers make the final decision.
If your TPS application is still being processed, you can request advance parole.
Carrier Documentation
Carrier documentation permits an airline or other transportation carrier to board permanent residents who have been temporarily outside the United States and whose Green Card or reentry permit has been lost, stolen, or destroyed. In this situation, you might need to file Form I-131A.
Conclusion
Traveling while waiting for permanent residence requires careful planning and understanding of immigration regulations. Always obtain the necessary travel documents before departure, and be aware of the potential consequences of traveling without them. Consult with an immigration attorney to discuss your specific situation and ensure compliance with all applicable laws. Prioritize completing Form I-131 before any travel plans are finalized. This will help avoid any complications when trying to re-enter the United States and maintain a smooth path to obtaining your Green Card.
