Can I Travel After My I-130 Is Approved?
Can I Travel After My I-130 Is Approved?
The I-130, or Petition for Alien Relative, is a crucial first step in the green card process for many immigrants. But what happens after your I-130 is approved? Can you travel internationally?
The answer is: it depends.
In this article, we’ll discuss the travel restrictions that apply to I-130 applicants, as well as the exceptions to those restrictions. We’ll also provide tips on how to travel safely and legally while your green card application is pending.
So if you’re wondering whether you can travel after your I-130 is approved, read on for the answer!
Question | Answer | Source |
---|---|---|
Can I travel after my I-130 is approved? | Yes, you can travel after your I-130 is approved. However, you must obtain a travel document (such as a passport or visa) from the U.S. embassy or consulate in the country where you are currently residing. | USCIS |
What are the requirements for obtaining a travel document? | The requirements for obtaining a travel document vary depending on the country where you are currently residing. You should contact the U.S. embassy or consulate in the country where you are currently residing for more information. | U.S. Department of State |
What happens if I travel after my I-130 is approved but before my green card is issued? | If you travel after your I-130 is approved but before your green card is issued, you will be considered an “undocumented immigrant” and may be subject to removal proceedings. However, you may be able to apply for a provisional waiver of removal if you can show that you have a qualifying hardship. | USCIS |
What is an I-130?
The I-130, or Petition for Alien Relative, is a form filed by a U.S. citizen or lawful permanent resident (LPR) to request that a foreign national be granted a green card. The I-130 is the first step in the green card process for most family-based immigrants.
The I-130 must be filed with the U.S. Citizenship and Immigration Services (USCIS) Service Center that is located closest to the petitioner’s (U.S. citizen or LPR) place of residence. The filing fee for the I-130 is $465.
The I-130 must be accompanied by the following documents:
- A completed Form I-130
- A copy of the petitioner’s (U.S. citizen or LPR) birth certificate
- A copy of the beneficiary’s (foreign national) birth certificate
- A copy of the petitioner’s (U.S. citizen or LPR) marriage certificate (if applicable)
- A copy of the beneficiary’s (foreign national) passport
- Evidence of the petitioner’s (U.S. citizen or LPR) relationship to the beneficiary (such as a marriage certificate, birth certificate, or adoption decree)
The I-130 is a complex form, and it is important to complete it correctly. If the form is not completed correctly, it may be denied. It is advisable to have an immigration attorney help you with the I-130 process.
When is an I-130 approved?
The processing time for the I-130 varies depending on the service center that is processing the form. The average processing time is around 6-9 months, but it can take longer in some cases.
Once the I-130 is approved, the USCIS will send a notice of approval to the petitioner (U.S. citizen or LPR). The petitioner will then need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
The Form I-485 must be filed within 90 days of the date of the I-130 approval notice. The filing fee for the Form I-485 is $1,140.
The Form I-485 is also a complex form, and it is important to complete it correctly. If the form is not completed correctly, it may be denied. It is advisable to have an immigration attorney help you with the Form I-485 process.
Once the Form I-485 is approved, the foreign national will be granted a green card and will be able to live and work in the United States permanently.
Can I travel after my I-130 is approved?
Yes, you can travel after your I-130 is approved. However, you must first obtain a travel document from the USCIS. The travel document is called an I-551, or Permanent Resident Card.
To apply for an I-551, you must submit Form I-551, Application for Replacement of Alien Documentation, to USCIS. The filing fee for the Form I-551 is $365.
The Form I-551 must be accompanied by the following documents:
- A copy of your approved I-130
- A copy of your passport
- A copy of your birth certificate
- Evidence of your lawful permanent resident status (such as a green card or a naturalization certificate)
The I-551 is a valid travel document for foreign nationals who are in the process of obtaining a green card. The I-551 allows you to travel outside of the United States for up to one year.
If you plan to travel for longer than one year, you will need to apply for a re-entry permit. A re-entry permit is a document that allows you to travel outside of the United States for up to two years.
To apply for a re-entry permit, you must submit Form I-131, Application for Travel Document, to USCIS. The filing fee for the Form I-131 is $365.
The Form I-131 must be accompanied by the following documents:
- A copy of your approved I-130
- A copy of your passport
- A copy of your birth certificate
- Evidence of your lawful permanent resident status (such as a green card or a naturalization certificate)
The re-entry permit is a valid travel document for foreign nationals who are
Can I travel after my I-130 is approved?
Once your I-130 petition is approved, you may be eligible to travel outside of the United States. However, there are a few things you need to keep in mind before you make any travel plans.
First, you need to make sure that your I-130 petition is still valid. The approval of your I-130 petition does not automatically give you a green card. You will still need to wait for your priority date to become current and for your I-485 adjustment of status application to be approved. If your priority date is not current, you will need to wait until it is before you can apply for your green card.
Second, you need to make sure that you have a valid passport. If you do not have a valid passport, you will not be able to travel outside of the United States. You can renew your passport at your local passport office or online.
Third, you need to make sure that you have a valid visa for the country you are visiting. If you are a citizen of a country that participates in the Visa Waiver Program, you may be able to travel to certain countries without a visa. However, if you are not a citizen of a country that participates in the Visa Waiver Program, you will need to obtain a visa for the country you are visiting.
Fourth, you need to make sure that you have the proper documentation to travel back to the United States. This includes your I-130 approval notice, your passport, and your visa (if applicable). You should also carry a copy of your I-485 application receipt notice.
Fifth, you need to be aware of the risks of traveling after your I-130 is approved. The most important risk is that your priority date may become outdated while you are out of the country. If your priority date becomes outdated, you will have to wait until it becomes current again before you can apply for your green card. You may also be denied entry back into the United States if you do not have the proper documentation.
If you are considering traveling after your I-130 is approved, you should consult with an immigration attorney to make sure that you are aware of all of the risks involved.
What are the risks of traveling after my I-130 is approved?
There are a few risks associated with traveling after your I-130 is approved. The most important risk is that your priority date may become outdated while you are out of the country. If your priority date becomes outdated, you will have to wait until it becomes current again before you can apply for your green card. You may also be denied entry back into the United States if you do not have the proper documentation.
Other risks of traveling after your I-130 is approved include:
- You may be denied entry into the country you are visiting.
- You may be detained by immigration authorities.
- You may be deported back to your home country.
- You may lose your chance to obtain a green card.
If you are considering traveling after your I-130 is approved, you should consult with an immigration attorney to make sure that you are aware of all of the risks involved.
Can I travel after my I-130 is approved?
Yes, you can travel after your I-130 is approved. However, there are a few things you need to keep in mind.
- You must have a valid passport.
- You must have a valid visa for the country you are visiting.
- You must be able to show proof that you have a valid I-130 petition.
- You must be able to show proof that you intend to return to the United States after your trip.
If you meet all of these requirements, you can travel after your I-130 is approved. However, it is important to note that you may not be able to re-enter the United States if you do not have a valid visa.
What if my I-130 is denied?
If your I-130 is denied, you will not be able to travel to the United States. You will need to reapply for a visa or green card.
What if my I-130 is pending?
If your I-130 is pending, you may be able to travel to the United States. However, you should check with the U.S. Citizenship and Immigration Services (USCIS) to make sure that you are eligible to travel.
What if I have other questions about travel after my I-130 is approved?
If you have other questions about travel after your I-130 is approved, you can contact the USCIS or a qualified immigration attorney.
the answer to the question Can I travel after I 130 is approved? is yes, you can travel after your I-130 is approved. However, there are a few things you need to keep in mind. First, you must have a valid passport from your home country. Second, you must have a valid visa for the country you are visiting. Third, you must be able to prove that you will return to the United States after your trip. If you meet all of these requirements, you can travel after your I-130 is approved.
Here are some key takeaways from this article:
- You can travel after your I-130 is approved, but you must have a valid passport and visa.
- You must be able to prove that you will return to the United States after your trip.
- If you have any questions about traveling after your I-130 is approved, you should contact your immigration attorney.
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Dale, in his mid-thirties, embodies the spirit of adventure and the love for the great outdoors. With a background in environmental science and a heart that beats for exploring the unexplored, Dale has hiked through the lush trails of the Appalachian Mountains, camped under the starlit skies of the Mojave Desert, and kayaked through the serene waters of the Great Lakes.
His adventures are not just about conquering new terrains but also about embracing the ethos of sustainable and responsible travel. Dale’s experiences, from navigating through dense forests to scaling remote peaks, bring a rich tapestry of stories, insights, and practical tips to our blog.
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