If you are applying for your U.S. Green Card (Permanent Residency), you might be wondering if you’re allowed to leave the U.S. while your application is pending.
The answer is yes but you need to make sure you follow the correct steps. Otherwise, a trip outside the U.S. could create major problems with your eligibility for a Green Card. I usually recommend waiting until you have your Green Card before traveling outside of the U.S. because even if you do everything correctly there is a risk that you can be denied re-entry into the U.S.
In this article, I’ll cover the process for traveling outside of the U.S. with a pending Green Card application and hopefully answer the most common questions.
The Process for Traveling Outside the U.S.
While your I-485 Application to Adjust Status (Green Card Application) is pending, you may only travel outside of the U.S. if you first apply for a travel document called “Advance Parole” with Form I-131. If you think you might want or need to travel while your I-485 is pending, the easiest thing to do is file for Advance Parole at the same time and include it with your I-485 package.
Advance Parole
Generally speaking, a visa allows for only a single entry into the country.
This means that, for many types of visas, if you leave the U.S. without gaining prior approval, the government will bar you from re-entry.
For example: If someone entered the U.S. with a fiancee visa, married their U.S. citizen spouse, and then left the U.S. for their honeymoon, they most likely will not be able to re-enter the U.S. because their fiancee visa was only valid for one entry. Even if they filed their I-485 and it was pending before they left on their honeymoon, they would still be out of luck because without Advance Parole, the I-485 would likely be considered “abandoned” once they leave the U.S.
The way of getting around this problem is filing for Advance Parole, while your I-485 is pending, but making sure it is approved before you leave the country.
Generally speaking, the process of gaining Advance Parole is pretty simple.
Before you leave the U.S., you need to fill out Form I-131 (Application for Travel Document), and send it to United States Citizenship and Immigration Services (USCIS). As I mentioned, it’s probably easiest to file this form with your I-485 application, especially because if you file the I-131 with your I-485, you do not need to pay any additional filing fee.
You don’t need to know the exact dates you might want to travel, it is usually enough to briefly describe why you want/need to travel outside the U.S. Keep in mind it will probably take at least a month, and possibly several months, before your I-131 gets approved by USCIS.
After USCIS approves your form, you’ll have Advance Parole status and can set out for your foreign destination.
The most important thing to remember is that you need to wait for official I-131 approval before leaving the country. Failing to do so could result in USCIS considering your Green Card application “abandoned” which could leave you stuck outside the country without another way in.
Time Limit
USCIS will decide during the application process if your Advance Parole is good for either a single use or multiple uses. If you only mention one specific trip as the reason for asking for Advance Parole, you may receive single-use status which allows you to leave and re-enter the U.S. one time. However, multiple-use Advance Parole is relatively common.
If USCIS decides to give you a single use of Advance Parole, your status will be good for 2 years. If they allow for multiple uses, your status will usually expire after just 1 year. You most likely will not have to worry about those time limits if you have a pending Green Card application, as most I-485s will be processed within a year.
You should try to keep your trip outside the U.S. as brief as possible so you do not miss any notices from USCIS while you are gone. While the I-485 is pending USCIS will send out biometrics appointment notices, interview notices, or even requests for additional evidence. If you miss an appointment or don’t respond to a notice in time your application could be denied. So try to have someone check your mail while you’re gone so they can notify you right away if you get mail from USCIS.
What Happens if I Don’t Apply for Advance Parole Before Leaving?
If you leave the country without I-131 approval, USCIS will assume that you’ve abandoned your Green Card application.
This could mean that once you leave the U.S. you risk not being allowed back in. You would lose any progress you’ve made on your Green Card application up to that point as well as any fees you’ve already paid, such as the $1,225 filing fee for the I-485. Even worse, you would have to re-start your case which could mean you have to spend several months or more outside of the U.S. before being eligible to return.
Visa Holders who are Not Eligible for Advance Parole:
The Federal Register will sometimes publish new regulations that prohibit re-entry into the U.S. from certain countries, regardless of visa status. The Federal Register is a journal issued by the U.S. Government that periodically publishes new regulations, policies and Executive Orders.
For example, in January 2017, the Federal Register published President Trump’s Executive Order that the U.S. wouldn’t accept anyone entering from Iraq, Syria, Libya, Somalia, Sudan, Iran, and Yemen. Applications for Advance Parole to re-enter the U.S. from any of those countries were denied while the order remained in effect.
You’ll want to make sure that the destination for your trip doesn’t conflict with any locations on the Federal Register before you leave the country.
Risks of Leaving the U.S.
You may be leaving the U.S. for many important reasons – a wedding, a funeral, to help family or friends, or even if you just really need a vacation.
But before you leave, make sure you understand the risks.
Advance Parole vs. Border Inspections
Even if you leave the U.S. with approved Advance Parole, there are no guarantees that the border inspector will let you back in. An inspector can still deny your re-entry at their own discretion.
A common example is criminal history. If you happen to get into criminal trouble while traveling abroad, your re-entry into the U.S. could be denied. You could even be denied re-entry based on your past criminal history if it is determined that it might make you inadmissible.
We’ve especially seen during COVID times that travel rules and regulations can change overnight, which can affect your ability to re-enter even with Advance Parole.
Basically, just be aware that it is always easier to leave the U.S. than it is to re-enter. If you have any previous criminal history, I recommend you speak to an immigration lawyer before you leave the U.S.
You Could Miss Important Paperwork
As I mentioned earlier, one other risk is missing important interview dates or response deadlines for your Green Card application.
USCIS mostly sends notices exclusively by mail and these notices will come with deadlines. Not appearing for an interview or missing a deadline can result in denial of your application. To avoid these complications, make sure someone is getting your mail and keeping on top of your immigration notices while you are gone.
If a lawyer files the applications for you, USCIS will send copies of every notice to you and to your lawyer so your lawyer would be able to notify you if anything came up.
Conclusion
If you applied for a Green Card, you have the option to leave the country while your application is pending by filing for and receiving Advance Parole before you leave.
Even if your Advance Parole is approved, it is important to understand the risks involved.
If you plan to travel outside the U.S. before USCIS approves your Green Card application, you should contact an immigration attorney to help you better understand the process and make sure there are no issues, especially if you have criminal history or are concerned about something that might cause problems on your re-entry.
There is no worse time to find out there’s a problem than when you are already stuck outside the U.S.