Can I Travel Outside the US While My I-140 Is Pending?

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Can I Travel Outside the U.S. While My I-140 Is Pending?

The I-140 is a significant milestone in the green card process, but it’s not the end of the road. Once you submit your I-140, you’ll need to wait for it to be approved before you can move on to the next step, which is applying for a green card.

During this waiting period, you may be wondering if you’re allowed to travel outside of the U.S. The answer is: it depends. In this article, we’ll discuss the rules governing travel outside the U.S. while your I-140 is pending, and we’ll provide some tips on how to travel safely and avoid any complications.

What are the rules governing travel outside the U.S. while your I-140 is pending?

The U.S. Citizenship and Immigration Services (USCIS) has a number of rules governing travel outside the U.S. while your I-140 is pending. These rules are designed to protect the integrity of the immigration system and ensure that applicants who are in the process of obtaining a green card do not abandon their applications.

Generally, you are allowed to travel outside the U.S. while your I-140 is pending, as long as you maintain your status as a lawful permanent resident (LPR). This means that you must:

  • Have a valid green card.
  • Have not been outside the U.S. for more than 180 days in a single year.
  • Have not abandoned your U.S. residence.

If you meet these requirements, you can travel outside the U.S. without any problems. However, there are a few things you should keep in mind:

  • You may need to apply for a re-entry permit if you plan to be outside the U.S. for more than 180 days.
  • You may need to file an I-131, Application for Travel Document, if you need a new passport or other travel document.
  • You should always carry your green card with you when you travel, and you should be prepared to show it to immigration officials upon your return to the U.S.

Tips for traveling safely and avoiding complications

If you’re planning to travel outside the U.S. while your I-140 is pending, there are a few things you can do to stay safe and avoid any complications:

  • Consult with an immigration attorney. An immigration attorney can help you understand the rules governing travel outside the U.S. and advise you on the best course of action for your specific situation.
  • Apply for a re-entry permit if you plan to be outside the U.S. for more than 180 days. A re-entry permit will allow you to re-enter the U.S. without having to apply for a new green card.
  • File an I-131, Application for Travel Document, if you need a new passport or other travel document. This will help to ensure that you have the necessary documents to travel and return to the U.S.
  • Always carry your green card with you when you travel. This is the most important thing you can do to prove your legal status in the U.S.
  • Be prepared to show your green card to immigration officials upon your return to the U.S. This is a common practice, and it’s important to be prepared to show your card when asked.

By following these tips, you can travel safely and avoid any complications while your I-140 is pending.

Question Answer Source
Can I travel outside the US while my I-140 is pending? Yes, you can travel outside the US while your I-140 is pending. However, you must have a valid passport and visa for the country you are visiting. You must also be able to show proof that you have a valid job offer in the US and that you intend to return to the US after your trip. USCIS website
What are the risks of traveling outside the US while my I-140 is pending? There are a few risks associated with traveling outside the US while your I-140 is pending. First, if your I-140 is denied while you are out of the country, you may not be able to return to the US. Second, if you are out of the country for more than 6 months, your I-140 may be considered abandoned. Third, if you are out of the country for more than 1 year, you may lose your status as a lawful permanent resident. USCIS website
What should I do if I need to travel outside the US while my I-140 is pending? If you need to travel outside the US while your I-140 is pending, you should do the following:

  • Apply for a valid passport and visa for the country you are visiting.
  • Obtain a letter from your employer stating that you have a valid job offer in the US and that you intend to return to the US after your trip.
  • File Form I-131, Application for Travel Document, with USCIS.

For more information, please visit the USCIS website.

 USCIS website

The general rules on international travel while an I-140 is pending

The general rule is that you can travel outside the United States while your I-140 petition is pending, as long as you have a valid travel document (such as a passport) and you are not in removal proceedings. However, there are some exceptions to this rule, which are discussed in more detail below.

Who can travel outside the US while an I-140 is pending?

Any person who is eligible to apply for an immigrant visa can travel outside the United States while their I-140 petition is pending. This includes:

  • U.S. citizens
  • Lawful permanent residents (LPRs)
  • Asylees
  • Refugees
  • Persons who have been granted withholding of removal or deferred action

What are the requirements for obtaining a travel document?

In order to travel outside the United States while your I-140 petition is pending, you will need to obtain a valid travel document. The type of travel document you need will depend on your immigration status.

  • U.S. citizens and LPRs can use their U.S. passports to travel outside the United States.
  • Asylees and refugees can use their Form I-94 or Form I-571 (Refugee Travel Document).
  • Persons who have been granted withholding of removal or deferred action can use their Form I-601A (Application for Advance Parole).

What are the risks of traveling outside the US while an I-140 is pending?

There are some risks associated with traveling outside the United States while your I-140 petition is pending. These risks include:

  • Your I-140 petition may be denied if you are out of the United States for more than 180 days.
  • You may be denied entry back into the United States if you do not have a valid visa or other travel document.
  • You may be placed in removal proceedings if you are out of the United States for more than 1 year.

It is important to weigh the risks and benefits of traveling outside the United States while your I-140 petition is pending before making a decision. If you have any questions, you should consult with an immigration attorney.

Specific circumstances that may affect your ability to travel outside the US while an I-140 is pending

In addition to the general rules discussed above, there are some specific circumstances that may affect your ability to travel outside the United States while your I-140 petition is pending. These circumstances include:

  • If you are in removal proceedings, you may not be able to travel outside the United States without the permission of the immigration court.
  • If you have a criminal record, you may not be able to obtain a travel document.
  • If you have previously overstayed your visa, you may be denied entry back into the United States.
  • If you are a national of a country that is subject to a travel ban, you may not be able to travel to the United States.

If you are in any of these circumstances, you should consult with an immigration attorney before traveling outside the United States.

The general rule is that you can travel outside the United States while your I-140 petition is pending, as long as you have a valid travel document and you are not in removal proceedings. However, there are some exceptions to this rule, which are discussed in more detail above. If you have any questions about your ability to travel outside the United States while your I-140 petition is pending, you should consult with an immigration attorney.

Can I Travel Outside the US While My I-140 Is Pending?

Overview

The Immigrant Petition for Alien Worker (I-140) is a major step in the green card process. Once you have filed an I-140, you may be wondering if you can travel outside the United States while it is pending.

The short answer is: yes, you can travel outside the US while your I-140 is pending. However, there are some things you need to keep in mind before you travel.

What You Need to Know

Before you travel outside the US while your I-140 is pending, there are a few things you need to know:

  • You must have a valid passport. This is a given, but it’s important to make sure your passport is valid for the entire duration of your trip.
  • You must have a valid visa for the countries you plan to visit. If you are a citizen of a country that requires a visa to enter the United States, you will also need a visa to enter the countries you plan to visit.
  • You must have a copy of your I-140 receipt notice. This is the document that shows that you have filed an I-140 petition.
  • You may need to provide additional documentation to the immigration authorities at the port of entry. This could include a copy of your employment offer letter, a copy of your job description, or a letter from your employer stating that you are still employed.

Tips for Traveling Outside the US While Your I-140 Is Pending

If you are planning to travel outside the US while your I-140 is pending, there are a few things you can do to make the process easier:

  • Make sure you have all of the required documents. This includes your passport, visa, I-140 receipt notice, and any other documentation that the immigration authorities may request.
  • Keep in close contact with your immigration attorney. Your attorney can advise you on the latest immigration regulations and can help you prepare for your trip.
  • Be aware of the risks and make informed decisions about whether or not to travel. There is always a risk that your I-140 petition could be denied while you are out of the country. If this happens, you may not be able to return to the United States.

Resources for More Information

If you have any questions about traveling outside the US while your I-140 is pending, here are some resources that you can consult:

  • USCIS website on travel while an I-140 is pending: [https://www.uscis.gov/green-card/green-card-processes/petition-for-alien-worker-i-140/travel-while-an-i-140-is-pending](https://www.uscis.gov/green-card/green-card-processes/petition-for-alien-worker-i-140/travel-while-an-i-140-is-pending)
  • AILA website on travel while an I-140 is pending: [https://www.aila.org/infonet/travel-while-an-i-140-is-pending](https://www.aila.org/infonet/travel-while-an-i-140-is-pending)
  • Immigration attorneys who can provide personalized advice: [Find an immigration attorney](https://www.americanimmigrationcouncil.org/find-an-immigration-attorney)

Traveling outside the US while your I-140 is pending is possible, but there are some risks involved. By following the tips in this article, you can make the process easier and reduce the risks.

Can I travel outside the US while my I-140 is pending?

Answer:

Generally, yes, you can travel outside the US while your I-140 is pending. However, there are a few things you need to keep in mind.

  • You must have a valid passport and visa. If you are a citizen of a country that requires a visa to enter the US, you must make sure that your visa is still valid when you travel. You should also check the visa requirements for the countries you plan to visit.
  • You must maintain your status as a lawful permanent resident (LPR). This means that you must keep your green card and not violate any of the conditions of your status. For example, you must not work without authorization or stay outside the US for more than 6 months.
  • You must file an I-131, Application for Travel Document, before you travel. The I-131 is a travel document that allows LPRs to travel outside the US while their I-140 is pending. You should file the I-131 at least 30 days before your trip.

What happens if I leave the US while my I-140 is pending?

If you leave the US while your I-140 is pending, you will generally be considered to have abandoned your green card. This means that you will lose your status as an LPR and will have to apply for a new green card. However, there are a few exceptions to this rule.

  • If you have a valid I-131, you will not be considered to have abandoned your green card.
  • If you have a pending I-485, Application to Register Permanent Residence or Adjust Status, you will not be considered to have abandoned your green card.
  • If you have a pending I-589, Application for Asylum and Withholding of Removal, you will not be considered to have abandoned your green card.

What should I do if I need to travel outside the US while my I-140 is pending?

If you need to travel outside the US while your I-140 is pending, you should consult with an immigration attorney. An immigration attorney can help you understand your options and make sure that you take the necessary steps to protect your status.

whether or not you can travel outside the U.S. while your I-140 is pending depends on a number of factors, including your current immigration status, the country you are traveling to, and the purpose of your trip. If you are a U.S. citizen or lawful permanent resident, you are generally free to travel outside the U.S. without restriction. However, if you are in another immigration status, such as a nonimmigrant visa holder, you may have more restrictions on your travel.

It is important to note that even if you are eligible to travel outside the U.S. while your I-140 is pending, it is still possible that your application could be denied if you do not return to the U.S. for the interview. Therefore, it is important to weigh the risks and benefits of traveling before making a decision.

If you have any questions about your immigration status or your eligibility to travel outside the U.S., you should consult with an immigration attorney.

Author Profile

Dale Richard
Dale Richard
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.