Doing so would result in the green card application being denied and could lead to misrepresentation investigations. Non-immigrant visas (such as F1, TN, or B1/B2) are not authorized to travel outside the United States until their Form I-131, Application to Travel, has been approved. While this does not apply to certain dual-intent visas (such as the H1B or L1 visas)*, this does not apply to green card applicants whose non-immigrant visas previously allowed for travel. Traveling outside the US Before Travel Authorization is GrantedĪfter submitting a green card application, an applicant may only be authorized to leave the country and reenter the US once they have received the Travel Authorization/Advance Parole document. In the case of an emergency landing or layover in a non-US territory or country, USCIS would consider that applicant as having left the United States, and the green card application would be considered abandoned. Because of this, any interactions with US immigration while traveling presents the potential for issues.Īdditionally, an applicant will want to be very cautious if traveling outside of the United States to non-continental US territories or states (such as Hawaii or Puerto Rico). This means that if they are traveling inside the US without a valid visa or status, they may not have proof of having legal status in the United States. However, something to keep in mind is that until an applicant has received their receipt notices from USCIS confirming that USCIS has started processing their application, an applicant will not have proof of their pending green card application. Traveling inside the US Before Travel Authorization is Grantedīefore USCIS grants the Travel Authorization/Advance Parole document, an immigrant can typically travel within the continental US while their green card application is still pending. Anyone seeking legal advice on whether or not they should travel while their green card is pending is encouraged to discuss it with a licensed immigration attorney. The purpose of this article is NOT to provide legal advice but rather to provide legal information regarding the Travel Authorization/Advance Parole document. This article will explore some of those limitations. Due to this processing time, you may wonder what limitations there are on traveling while your green card application is pending. When filed along with the green card, this travel authorization–commonly also called “Advance Parole”–may take between 9-12 months, on average, to be adjudicated by USCIS. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.When applying for a Green card, an applicant also has the opportunity to apply for Travel Authorization by filing Form I-131, Application for Travel Document. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions.
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