1. Can You Travel While Waiting for Your Green Card?
Yes, you can travel internationally while waiting for your green card, but you must take certain precautions to avoid jeopardizing your application. If you travel without proper authorization, your green card application may be considered abandoned, which can result in delays or even denial. The most common way to ensure your travel doesn’t affect your application is to apply for Advance Parole.
2. What is Advance Parole?
Advance Parole is a travel document issued by U.S. Citizenship and Immigration Services (USCIS) that allows green card applicants to leave the U.S. temporarily and return without abandoning their application. This document is especially important for those adjusting status to a green card from within the U.S.
- Eligibility: You can apply for Advance Parole if you are in the U.S. and have a pending Form I-485 (Application to Adjust Status).
- Application Process: File Form I-131 (Application for Travel Document) with USCIS, which can be done concurrently with your I-485 or separately if you decide to travel later.
Advance Parole typically takes 3-6 months to process, so apply well in advance of your intended travel.
3. Situations Where Advance Parole is Not Required
Not everyone needs Advance Parole to travel while waiting for a green card. Here are cases where you may not need it:
- Consular Processing Applicants: If you’re applying for a green card from outside the U.S., you do not need Advance Parole, as you won’t be in the U.S. while your application processes.
- Conditional Green Card Holders: If you have a conditional green card (e.g., through marriage) and are applying to remove conditions, you can travel with your valid green card.
- H-1B or L-1 Visa Holders: Those with valid H-1B or L-1 status do not need Advance Parole to travel and return while their adjustment of status is pending.
It’s crucial to verify your status and specific requirements with an immigration attorney to avoid any issues with re-entry.
4. How to Apply for Advance Parole
Follow these steps to apply for Advance Parole:
- File Form I-131: Complete the application form for a travel document and submit it to USCIS.
- Submit Supporting Documents: Include a copy of your I-485 receipt notice, a passport-style photo, and proof of your pending status.
- Application Fee: The fee for Form I-131 is $575. However, there’s no fee if you’re applying concurrently with Form I-485.
- Wait for Approval: Processing takes 3-6 months, though it may take longer depending on USCIS processing times.
Once approved, you’ll receive a travel document allowing you to leave and re-enter the U.S. without abandoning your green card application.
5. Risks of Traveling Without Advance Parole
Leaving the U.S. without Advance Parole can lead to your green card application being considered abandoned if you have a pending adjustment of status application. This rule means that:
- Your application will likely be denied if you leave the country without authorization.
- You may face re-entry issues and potential bans if you’ve overstayed a previous visa or are subject to certain immigration restrictions.
- You’ll have to reapply for the green card, potentially restarting the process.
Without Advance Parole, you should avoid international travel until you receive your green card.
6. Exceptions to the Advance Parole Requirement
If you are in a specific visa status, you may be able to travel without Advance Parole:
- H-1B and L-1 Visa Holders: If you’re in valid H-1B or L-1 status, you can re-enter the U.S. with your existing visa while your I-485 is pending.
- V Visa Holders: Certain family members of green card holders (V visa holders) may travel without Advance Parole.
These exceptions can help streamline travel for certain applicants, though it’s best to consult an immigration expert before making travel plans.
7. Tips for Traveling on Advance Parole
If you’re traveling on Advance Parole while awaiting your green card, keep these tips in mind:
- Always Carry Your Documents: Bring your Advance Parole document, passport, and a copy of your I-485 receipt notice when re-entering the U.S.
- Avoid Long Absences: Long absences may raise questions about your intent to live in the U.S. and could complicate your green card application.
- Check Re-entry Requirements: Before traveling, check any updated re-entry requirements, especially if there are recent immigration policy changes.
These precautions can help ensure a smooth return to the U.S. without affecting your green card application.
8. What If Your Advance Parole Application is Pending and You Need to Travel Urgently?
If you need to travel urgently and your Advance Parole application is still pending, you can request expedited processing from USCIS if you meet one of these criteria:
- Severe Financial Loss: For you or your employer if travel is urgently required.
- Humanitarian Reasons: Medical or family emergencies.
- USCIS Error: If the delay is due to a USCIS error.
Expedited requests are reviewed on a case-by-case basis, so provide evidence to support your need for urgent travel.
9. Frequently Asked Questions (FAQs)
Q1: Can I use Advance Parole multiple times?
A: Yes, if your Advance Parole is valid for multiple entries, you can use it for multiple trips within the document’s validity period.
Q2: What if my Advance Parole expires while I’m abroad?
A: You will not be allowed to re-enter the U.S. if your Advance Parole expires while you’re abroad, which could jeopardize your green card application.
Q3: Can I apply for Advance Parole and a work permit at the same time?
A: Yes, you can apply for both using Form I-765 (work permit) and Form I-131 (Advance Parole) alongside your I-485 application.
Q4: Can I apply for Advance Parole after filing for a green card?
A: Yes, you can apply for Advance Parole anytime while your I-485 is pending.
Q5: Can I travel without Advance Parole if my green card is being processed through consular processing?
A: Yes, if you’re applying from outside the U.S., Advance Parole is not required.
Q6: Does Advance Parole guarantee re-entry to the U.S.?
A: No, Advance Parole allows you to seek re-entry, but Customs and Border Protection (CBP) has the final authority on admission.