Can I travel while waiting on my green card?

Can I Travel While Waiting on My Green Card? Here’s What You Need to Know

You’ve submitted your green card application and are now in the waiting game. But what if you need to travel? Maybe a family emergency arises, or you want to visit loved ones back home. The big question is: Can you travel while waiting on your green card, or will that jeopardize your application?

The answer depends on your specific situation, visa type, and whether you’ve obtained the proper travel authorization. Let’s break it all down so you can make informed decisions without risking your permanent residency status.

Understanding Your Immigration Status

Before making any travel plans, it’s crucial to determine your current immigration status and the stage of your green card application. Here are the most common scenarios:

1. Adjustment of Status (AOS) Applicants (Form I-485 Pending)

If you applied for a green card from within the U.S. through Adjustment of Status (AOS) (Form I-485), leaving the country without prior approval can result in an automatic denial. That’s because U.S. Citizenship and Immigration Services (USCIS) considers leaving the country as abandoning your application—unless you have the right travel document.

2. Consular Processing Applicants (Outside the U.S.)

If you applied for a green card through consular processing, meaning you are outside the U.S. waiting for a visa interview at a U.S. embassy, you can generally travel as long as you maintain your current visa status. However, leaving the country during this time does not impact your application since it’s being processed abroad.

Advance Parole: Your Ticket to Travel While Waiting on a Green Card

If you’re adjusting your status in the U.S. and need to travel, you must apply for Advance Parole (Form I-131) before leaving. Advance Parole is a special travel document that allows you to leave and re-enter the U.S. without abandoning your green card application.

How to Apply for Advance Parole (AP)?

• Submit Form I-131 (Application for Travel Document) to USCIS.
• Processing time typically takes 3–6 months, so plan ahead.
• You cannot travel while your AP application is pending—doing so may lead to denial of your green card.
• Once approved, AP allows multiple entries until its expiration date (usually valid for one year).

Who Should NOT Travel Even with Advance Parole?

Even if you have Advance Parole, you should avoid traveling if:

• You have a history of unlawful presence in the U.S.
• You have a pending asylum application.
• You have previous immigration violations or pending deportation proceedings.

Traveling on a Valid Nonimmigrant Visa While Awaiting a Green Card

Some people waiting for their green card already hold valid nonimmigrant visas, such as H-1B, L-1, or O-1. If this applies to you, you can travel internationally and return without Advance Parole—but there are still risks.

H-1B and L-1 Visa Holders

• Can travel freely as long as they have a valid visa stamp.
• Must carry proof of continued employment with their sponsoring employer.

F-1, J-1, and B-1/B-2 Visa Holders

• Traveling may be risky because these visas require “nonimmigrant intent.”
• If immigration officers suspect you plan to stay permanently, you could be denied re-entry.

Risks of Traveling While Waiting for a Green Card

Even if you have the necessary travel documents, there are still risks involved:

• Re-entry Denial: If immigration officers find any reason to question your eligibility, they can deny your return to the U.S.
• Application Delays: Traveling may slow down your green card processing due to additional security checks.
• Unexpected Policy Changes: Immigration laws can change, impacting your ability to return.

Traveling While on a Marriage-Based Green Card Application

If you applied for a green card through marriage to a U.S. citizen or green card holder, you should be extra cautious about traveling.

• If you leave without Advance Parole, your green card application could be denied.
• Even with Advance Parole, an immigration officer may question the validity of your marriage upon re-entry.
• If your marriage is under two years old, you may need to provide additional proof of your relationship when returning.

FAQs About Traveling While Waiting on a Green Card

1. How long does it take to get Advance Parole?

Processing times vary, but it typically takes 3–6 months. Check USCIS’s processing times for updates.

2. Can I travel while waiting for a marriage-based green card?

Yes, but you need Advance Parole before leaving the U.S. to avoid green card denial.

3. What happens if I leave without Advance Parole?

Your green card application will likely be considered abandoned, and you may have to restart the process from scratch.

4. Can I expedite my Advance Parole application?

USCIS may expedite cases with emergency travel reasons (e.g., family death, medical emergencies). You must provide documented proof.

5. Can I travel to Canada or Mexico without Advance Parole?

No, you must have Advance Parole regardless of your destination.

Final Thoughts: Should You Travel While Waiting on Your Green Card?

Traveling while your green card is pending is possible but requires careful planning. If you are an Adjustment of Status applicant, Advance Parole is a must. If you have a valid H-1B or L-1 visa, you can travel, but risks still exist. The key is to be well-prepared, stay updated on immigration policies, and consult an immigration attorney if you have concerns.

Thinking about traveling while waiting on your green card? Make sure you have the right documents in place to avoid complications.