Skip to main content

Can I Travel Outside the U.S. if My Green Card Application Is Pending?

By Keith Jensen
The short answer is “it depends”. Generally, traveling outside the United States while your green card application is pending is considered abandonment of the application. This general rule is subject to a few key exceptions.

First, green card applicants in valid L-1 or H-1B status (with valid visas) may travel while their application is pending if: (1) they are returning to the United States to resume employment with the same employer and (2) they are in possession of a valid L or H visa. Dependents of L-1 and H-1B visa holders may also travel while their green card applications are pending if the two above-mentioned criteria are met.

Second, K-3 and K-4 visa holders, spouses of United States citizens and their minor children, may also travel if they are in possession of a valid K-3/K-4 visa upon their return to the United States.

Lastly, green card applicants in possession of “advance parole” travel permission from USCIS, may travel while they await the adjudication of their green card. Advance parole and temporary employment authorization are provided to the applicant in one document (Form I-766) for green card applicants.

When considering travel during the pendency of your green card application, or any other immigration filing, it is important to seek the specific counsel of an immigration attorney.

Comments

Post a Comment

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

By
Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...
231 comments
Read more

Why is USCIS Taking So Long to Renew DACA Work Permits?

By
If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...
16 comments
Read more

U.S. Recognizes Five-year Extensions of Venezuelan Passport

By
Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to t...
Post a Comment
Read more