Traveling Outside the United States With a Pending Immigration Case: Risks Every Immigrant Should Know
For many immigrants residing in the United States, international travel is at times unavoidable. Family emergencies, business demands, and long-overdue visits to loved ones in other countries can necessitate international travel. However, for many immigrants residing in the U.S., international travel may present legal hurdles when their case is still pending. In some cases, international travel can delay your case or you could even be denied reentry to the U.S.
It is imperative to understand how international travel can impact your case before making plans to go somewhere.
Why travel can be risky during a pending case
During many immigration applications, the applicant is expected to remain in the United States throughout the processing of their application. If you leave the U.S. without the proper authorization, immigration authorities can consider your application to be abandoned.
For instance, if you have applied for an Adjustment of Status application to acquire a green card, you are expected to remain in the United States throughout the processing of the application. If you leave the United States without proper authorization, U.S. Citizenship and Immigration Services (USCIS) can deny your application.
Immigrants who have valid visas can also experience difficulties when trying to re-enter the United States, especially when their immigration application is still pending.
Understanding advance parole
One way in which immigrants can travel internationally even as their case is pending is by applying for Advance Parole. Advance Parole is a travel authorization issued by the USCIS, which permits immigrants to leave the country under certain circumstances without abandoning their immigration case.
Advance Parole is typically used by immigrants who have applied for:
- Adjustment of Status (green card applications)
- Humanitarian programs
- Temporary Protected Status (TPS)
It is, however, important to note that Advance Parole does not guarantee re-entry. Once you attempt to re-enter the U.S., Customs and Border Protection (CBP) has the right to inspect you and decide if you can re-enter the country.
Unlawful presence and re-entry bars
Traveling outside the country is particularly hazardous to people who have acquired unlawful presence in the United States. The federal immigration law states that people who have stayed in the country illegally for some years can be subject to a three-year or ten-year ban from returning to the U.S. after they leave.
This means that even if you have an outstanding immigration case, you may be barred from returning to the country after leaving.
Due to the complexity of the rules, people are surprised to hear that even a short trip outside the country can have serious implications for their immigration case.
Talk to a Miami, FL, Immigration Attorney Today
The Law Office of Wilfredo O. Allen, Esq. represents the interests of those seeking to immigrate to the United States. Call our Miami immigration lawyers today to schedule an appointment, and we can begin discussing your next steps right away.