The process of applying for a green card (permanent residency) in the United States can take a long time. Life happens, and it’s not uncommon for someone to need to travel while their application is pending.
However, leaving the U.S. without the proper documentation can lead to trouble. Here’s what you should know about applying for a travel document while your green card is pending.
What Happens if You Travel Outside the United States While Your Green Card Application Is Pending?
Recent changes to U.S. immigration law have introduced severe consequences for people who travel while adjusting their immigration status or applying for an immigrant visa. When you return to the United States, you may be denied re-entry into the country. Your green card application may be denied as well.
Advance Parole: What You Should Know and How to Apply
If your green card application is pending, it’s critical that you apply for something called “Advance Parole” before leaving the United States. Advance Parole allows applicants to re-enter the United States after traveling abroad. It lets you travel temporarily without disrupting your green card application process.
There are some exceptions to needing Advance Parole. However, check with your immigration attorney before assuming you meet one of the exceptions. It’s an important matter, and it’s important that you get the professional guidance necessary to make the right decisions.
You’ll file your I-131 application for Advance Parole (Application for Travel Document) with the U.S. Citizenship and Immigration Services. You can complete an online form on their website. You’ll need to pay a fee and provide supporting documents.
Advance Parole Takes Time, So Plan Ahead
It takes the U.S. government time to process your Advance Parole application. The processing time for an Application for Travel Document (I-131) at the Texas Service Center is currently 24 months. However, it’s possible to expedite processing in a true emergency. Emergencies are considered on a case-by-case basis.
If you leave the country before the government has approved your application, it’ll be considered abandoned. That means you’ll likely have trouble returning to the United States. You’ll probably also have to start the green card application process all over again, which can be expensive and time-consuming.
Applying for a Green Card? Get Legal Help Before You Travel
It’s risky to travel when your application for a green card is pending. If you have to leave the United States, make sure you have properly applied for Advance Parole.
If you’re unsure of how to apply or whether you qualify for an exception, talk with immigration attorney Mark E. Jacobs. With decades of experience, he can answer your questions about a wide range of legal matters. Call 972-445-7577 or contact him online.
