If you’ve applied for a marriage-based green card, you may be wondering: Can I travel while waiting for my green card to be approved? The short answer is: it depends. Traveling outside the U.S. during this waiting period can be risky and, in some cases, can even result in your application being denied. Here’s what you need to know before booking that flight.
Understanding Your Travel Options
Your ability to travel while waiting for your marriage-based green card depends on your current immigration status and whether you have the necessary travel authorization.
1. If You Applied from Inside the U.S. (Adjustment of Status)
If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, you cannot leave the U.S. until you have received an approved travel document, known as Advance Parole (Form I-131), unless you hold certain visas such as L or H1B that specifically allow for travel without Advance Parole. Without it, your application will be considered abandoned, and you may have to start the process over.
How to Apply for Advance Parole:
- File Form I-131 along with your green card application or separately later.
- Processing times vary but typically take 3 to 6 months.
- You must wait for approval before traveling.
2. If You Applied from Outside the U.S. (Consular Processing)
If you are going through consular processing, meaning you applied for a green card while living outside the U.S., you can travel freely as long as you maintain a valid visa status in your country. However, once your immigrant visa is approved, you must enter the U.S. within the time frame stated on your visa.
Risks of Traveling Without Advance Parole
Traveling without an Advance Parole document while your adjustment of status application is pending can lead to serious consequences:
- Application Abandonment: U.S. Citizenship and Immigration Services (USCIS) will treat your green card application as abandoned if you leave the country without Advance Parole.
- Entry Denial: Even with a valid visa, U.S. Customs and Border Protection (CBP) officers can deny your re-entry if they suspect immigration violations.
- Delays & Additional Costs: If your application is deemed abandoned, you may have to start over, leading to extra costs and months of additional waiting time.
Special Considerations: Emergency Travel
In urgent situations, such as a family emergency, you may be able to request an expedited Advance Parole from USCIS. To do this, you will need to demonstrate the emergency with supporting documents, such as a medical report or death certificate of a family member.
Travel Tips for Green Card Applicants
If you absolutely need to travel while waiting for your green card, keep these tips in mind:
- Apply for Advance Parole as early as possible.
- Do not travel until your Advance Parole is approved.
- Carry all immigration documents, including your receipt notices.
- Stay updated on travel restrictions and policies.
Final Thoughts
While traveling during the green card process is possible in some cases, it carries risks. If you’re unsure whether you can travel safely, consult with an immigration attorney before making any plans. At the Law Office of Amanda M. Bradley, we specialize in helping couples navigate the marriage-based green card process. Contact us today to ensure your application stays on track while you plan for the future.
