People
with pending applications with the U.S. Citizenship and immigration services
often need a "travel permit" or "advance parole" document
before leaving the U.S. This will prevent applicants from having their
applications deemed "abandoned" for having departed the country
without asking first for permission while waiting a final decision on their
applications.
Practically
speaking, getting an advance parole document is not complicated: you pay the fee,
fill out a form, and your travel permit is issued within a few weeks. What's
complicated about this process is actually knowing if traveling outside the
U.S. is in your best interest when you know you have a pending application.
USCIS will gladly take your fee and issue a travel permit, but that doesn't
necessarily mean you are actually eligible to travel abroad without
complications. Only an attorney can give you a definite answer on whether you
should--or shouldn't--travel abroad.
Some
one traveling outside the U.S. on a travel permit issued by USCIS could be
denied entry to the country upon return. Some of the reasons why people get
stuck outside the country are the following:
-
The person traveling abroad wasn't aware that he had an order of removal on his
record (note that judges are not the only ones who can remove you; you can be
administratively removed by DHS too);
-
The person traveling abroad missed a fingerprint or interview appointment while
he was outside the U.S.;
- The
person traveling abroad had a criminal record (was convicted of an offense or
offenses that were more serious than the person believed them to be);
-
The person's application that was pending at the time he left the U.S. was
denied while he was abroad--this is why the timing of applying for a travel
permit is also an important thing to discuss with an attorney!;
-
Upon return, CBP denies the traveler's entry to the U.S. based on an incorrect
belief--yes, the federal government makes mistakes, and sometimes people are
denied entry by mistake. If you get stuck at the airport, calling an attorney
immediately is a good idea!
With
this being said, traveling outside the U.S. is sometimes a necessity or an
emergency for many people, but before you step outside the country, consult
with an immigration attorney on how to avoid any complications that could
prevent you from returning to the U.S.
Shirley C. Zambrano
Immigration Attorney
404-949-8177
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