Can I Travel While My Green Card Application Is Pending?

Can I Travel While My Green Card Application Is Pending?

The U.S. Citizenship and Immigration Services (USCIS) estimates that it takes about 12-18 months to process a green card application. This can be a long time to wait, especially if you have plans to travel internationally. So, what happens if you want to travel while your green card application is pending?

In this article, we’ll discuss the rules and regulations governing travel while your green card application is pending. We’ll also provide tips on how to minimize the risk of your application being denied.

Can I travel while my green card application is pending?

Generally, you are allowed to travel internationally while your green card application is pending. However, there are a few exceptions to this rule.

  • 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’re a citizen of a country that requires a visa to enter the United States, you’ll also need a visa for any other countries you plan to visit.
  • You must have a Form I-512, Advance Parole. This document allows you to travel outside the United States while your green card application is pending.

What happens if I travel without a valid visa?

If you travel without a valid visa, you could be denied entry to the United States. In some cases, you may even be detained or deported.

What happens if I travel without an Advance Parole?

If you travel without an Advance Parole, your green card application could be denied. This is because USCIS will assume that you abandoned your application if you left the United States without permission.

How can I minimize the risk of my application being denied?

There are a few things you can do to minimize the risk of your green card application being denied if you travel while it’s pending.

  • Apply for an Advance Parole as soon as possible. This will give you the most flexibility to travel while your application is pending.
  • Keep your passport and visa up-to-date. This will help to ensure that you’re able to enter and exit the United States without any problems.
  • Be aware of the rules and regulations governing travel while your green card application is pending. By following these rules, you can help to ensure that your application is processed smoothly.

Traveling while your green card application is pending can be a hassle, but it’s definitely possible. By following the tips in this article, you can minimize the risk of your application being denied.

Question Answer Source
Can I travel while my I-485 is pending? Yes, you can travel outside of the United States while your I-485 is pending. However, you must be careful not to break any immigration laws. USCIS website
What do I need to do before I travel? You must first obtain a travel authorization document (I-512) from USCIS. You can apply for an I-512 online or by mail. USCIS website
What happens if I overstay my I-512? If you overstay your I-512, you may be denied entry to the United States and your green card application may be denied. USCIS website

If you are a foreign national who is applying for a green card, you may be wondering if you can travel outside of the United States while your application is pending. The answer to this question is not always straightforward, as there are a number of factors to consider. In this article, we will discuss the general rules for traveling while your green card application is pending, as well as some of the exceptions to these rules.

General rules for traveling while your green card application is pending

The general rule is that you cannot travel outside of the United States while your green card application is pending. This is because the USCIS wants to make sure that you are still eligible for a green card and that you intend to live in the United States permanently.

However, there are a few exceptions to this rule. You may be able to travel outside of the United States if you meet all of the following criteria:

  • You have a valid passport from your home country.
  • You have a valid US visa.
  • You do not have any criminal convictions.
  • You do not have any outstanding debts.
  • You do not have any immigration violations.

If you meet all of these criteria, you can apply for a travel document from the USCIS. This document will allow you to travel outside of the United States for up to one year.

Exceptions to the general rules

There are a few exceptions to the general rules for traveling while your green card application is pending. These exceptions include:

  • You may be able to travel without a visa if you are a citizen of a visa-waiver country. Visa-waiver countries are countries whose citizens are allowed to travel to the United States for tourism or business without a visa. If you are a citizen of a visa-waiver country, you can travel to the United States without a visa and then apply for your green card once you arrive.
  • You may be able to travel if you have a pending asylum or refugee application. If you have a pending asylum or refugee application, you may be able to travel outside of the United States while your application is pending. However, you will need to obtain a travel document from the USCIS before you travel.
  • You may be able to travel if you have a pending TPS or DACA application. If you have a pending TPS or DACA application, you may be able to travel outside of the United States while your application is pending. However, you will need to obtain a travel document from the USCIS before you travel.

If you are a foreign national who is applying for a green card, you should carefully consider whether or not you need to travel outside of the United States while your application is pending. If you do decide to travel, you should make sure that you meet all of the requirements for travel and that you obtain the necessary documents.

Additional resources

  • [USCIS website on travel while your green card application is pending](https://www.uscis.gov/green-card/after-you-file/travel-after-you-file-form-i-485)
  • [AILA’s guide to travel while your green card application is pending](https://www.aila.org/infonet/travel-while-your-green-card-application-is-pending)

Can I Travel While I-485 Is Pending?

The Immigration and Nationality Act (INA) allows certain immigrants to travel outside of the United States while their green card application (Form I-485) is pending. However, there are a number of restrictions on travel, and it is important to understand these restrictions before you travel.

Who Can Travel While Their Green Card Application Is Pending?

Not all immigrants are eligible to travel while their green card application is pending. In general, only those who have been approved for a provisional green card (Form I-551) or a travel document (Form I-571) are eligible to travel.

What Are the Restrictions on Travel?

There are a number of restrictions on travel while your green card application is pending. These restrictions include:

  • You must have a valid passport.
  • You must have a valid visa or other travel document.
  • You must be able to prove that you have a valid reason for traveling.
  • You must be able to return to the United States before your green card application is adjudicated.

What Happens if I Am Denied Entry to the United States While My Green Card Application Is Pending?

If you are denied entry to the United States while your green card application is pending, you will be given a Form I-293, Notice of Denial of Entry. This form will tell you why you were denied entry and what you need to do next.

You will need to contact the USCIS office that issued your Form I-293 to find out what you need to do next. You may need to reapply for a green card, or you may be able to have your denial overturned.

Resources for More Information

The USCIS website has a lot of information about traveling while your green card application is pending. You can find this information on the USCIS website at:

[https://www.uscis.gov/green-card/after-you-file/travel-after-you-file-your-green-card-application](https://www.uscis.gov/green-card/after-you-file/travel-after-you-file-your-green-card-application)

You can also contact a immigration lawyer for more specific advice about traveling while your green card application is pending.

What to Do if You Are Denied Entry to the United States While Your Green Card Application Is Pending

If you are denied entry to the United States while your green card application is pending, you will be given a Form I-293, Notice of Denial of Entry. This form will tell you why you were denied entry and what you need to do next.

What to Do First

The first thing you should do is contact the USCIS office that issued your Form I-293. This office can tell you more about why you were denied entry and what you need to do next.

What to Bring to Your Appointment

When you go to your appointment at the USCIS office, you should bring the following documents:

  • Your Form I-293
  • Your passport
  • Any other documents that you think may be helpful

What to Expect at Your Appointment

At your appointment, the USCIS officer will review your case and ask you questions about your reasons for traveling. The officer may also ask you to provide additional documents.

What Happens if You Are Still Denied Entry

If the USCIS officer still denies your entry, you will be given a Form I-539, Application to Change or Extend Nonimmigrant Status. This form allows you to apply for a new nonimmigrant visa or status.

You will need to file the Form I-539 with the USCIS office that issued your Form I-293. You will also need to pay the filing fee.

The USCIS office will review your Form I-539 and make a decision. If your application is approved, you will be allowed to stay in the United States. If your application is denied, you will need to leave the United States.

Being denied entry to the United States while your green card application is pending can be a stressful experience. However, it is important to remember that you still have options. By following the steps outlined in this article, you can increase your chances of being allowed to stay in the United States.

Resources for More Information

The following resources provide more information about traveling while your green card application is pending:

  • [USCIS website](https://www.uscis.gov/green-card/after-you-file

    Can I travel while my I-485 is pending?

Answer: In general, yes, you can travel outside of the United States while your I-485 is pending. However, there are a few exceptions to this rule.

  • You must have a valid passport and visa for the countries you plan to visit.
  • You must be able to prove that you have a valid I-485 pending. This can be done by showing your I-485 receipt notice or by providing a copy of your I-485 application.
  • You must be able to show that you have strong ties to the United States, such as a job, a home, or family members.

If you meet all of these requirements, you should be able to travel without any problems. However, it is always a good idea to check with the U.S. Citizenship and Immigration Services (USCIS) before you travel to make sure that you are in compliance with the law.

What happens if I travel while my I-485 is pending and my application is denied?

If your I-485 application is denied while you are out of the country, you will be considered to have abandoned your application. This means that you will lose your status as a lawful permanent resident and you will have to leave the United States.

Can I apply for a green card while I am out of the country?

No, you cannot apply for a green card while you are out of the country. You must be physically present in the United States in order to apply for a green card.

What if I have to travel for an emergency while my I-485 is pending?

If you have to travel for an emergency while your I-485 is pending, you should contact the USCIS as soon as possible. The USCIS may be able to issue you a travel document that will allow you to leave the United States without jeopardizing your green card application.

Can I work while my I-485 is pending?

In general, no, you cannot work while your I-485 is pending. However, there are a few exceptions to this rule.

  • You may be able to work if you have a valid work permit.
  • You may be able to work if you are a beneficiary of a pending I-140 petition.
  • You may be able to work if you are a self-employed alien.

If you are not sure whether you are allowed to work while your I-485 is pending, you should consult with an immigration attorney.

What are the benefits of having a green card?

A green card gives you the right to live and work permanently in the United States. It also allows you to travel freely in and out of the United States. Additionally, a green card can make it easier for you to sponsor your family members for immigration to the United States.

the ability to travel while your green card application is pending is a complex and nuanced issue. There are a number of factors to consider, including the stage of your application, your country of citizenship, and the current immigration climate. If you are considering traveling while your green card application is pending, it is important to speak to an immigration attorney to get personalized advice about your specific situation.

Here are some key takeaways from this article:

  • You can generally travel outside the United States while your green card application is pending, but there are some exceptions.
  • You may need to obtain a travel visa from the U.S. Embassy or Consulate in the country you plan to visit.
  • If you leave the United States while your green card application is pending, you may be required to wait outside the United States for a certain period of time before you can re-enter.
  • The current immigration climate is uncertain, and the rules governing travel while your green card application is pending may change at any time.

If you have any questions about traveling while your green card application is pending, it is important to speak to 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.