Depending on your circumstances, you may be able to travel while an immigration case is pending. However, travel restrictions may apply that could limit your ability to travel entirely.
To learn more about your travel abilities in the U.S. while an application is pending in Chicago, call Khalaf & Abuzir, LLC at 708-694-3859 to schedule a consultation with one of our experienced attorneys.
Understanding Travel Restrictions During a Pending Immigration Case
According to recent stats, there are around 3,700,000 active immigrant cases, many of which involve applying for green cards. Many of these applicants may find that they want or need to travel while awaiting the processing of their cases. Typically, immigrants applying for adjustment of status will need to gain special documentation to travel either domestically in the U.S. or abroad to other countries while their case is pending.
On the other hand, you may not need this documentation if you are a non-immigrant visa holder, such as a spouse or child with an H-1B or H-4 visa, respectively, a spouse or child on an L visa, the spouse or child of a U.S. citizen with a K visa, or the child or spouse of a lawful permanent resident (LPR) with a V visa.
What Happens If You Travel Without Permission From USCIS?
Without proper authorization, you will be unable to travel outside the U.S. while USCIS processes your green card application. In fact, USCIS is likely to consider your application abandoned, voiding the process entirely. This status change could prevent you from reentering the U.S.
Additionally, if you wish to reapply for adjustment of status, you might not qualify to do so if you leave the country without permission, as USCIS might deem you ineligible due to inadmissibility or unlawful presence if you were to return to the U.S. after leaving.
These risks make it crucial to obtain the necessary documentation if you wish to travel while awaiting green card application approval.
Advance Parole: What It Is and Why You Might Need It
The most important documentation you need to freely travel in and out of the U.S. while a case is pending is Advance Parole. USCIS issues this document to qualifying individuals to relieve travel restrictions while awaiting green card processing and avoid abandoning their application.
Individuals can apply for advance parole by filing Form I-131, Application for Travel Document.
To facilitate a smooth application process, you will also need the following documents:
- Passport-style photos
- Proof of eligibility, including a pending Form I-485
- Driver’s license, passport, or another form of government-issued photo ID
- Filing fees
An experienced attorney can guide you through the process if you need assistance.
How Recent Immigration Changes Might Impact Your Case
You may wonder: Is Chicago still a sanctuary city? Additionally, the Trump administration’s new executive orders on immigration could impact your case in various ways, which could affect your ability to travel in and out of the U.S.
Because of recent restrictions under President Donald Trump, Chicago’s long-held status as a sanctuary city is currently threatened. With this uncertainty comes multiple executive orders toward the beginning of Trump’s presidency that could affect not only your ability to travel while waiting for your green card, but could also affect your ability to receive a green card entirely.
For example, the Trump administration has begun sending out homeland security task forces to enforce the removal of undocumented immigrants from the U.S., including those living in Chicago. Additionally, individuals may be unable to seek green cards through or travel to or from banned “red” countries, including Cuba, Iran, Syria, North Korea, Bhutan, and Somalia.
Why Hire an Immigration Attorney?
If you wish to travel during a pending immigration case, you may benefit from consulting a knowledgeable immigration lawyer for travel advice. An attorney could help you determine what options are available to you to travel in the U.S. or abroad while your case is pending. You can also ask questions like, “How much do immigration lawyers charge?” and “What kinds of cases can an attorney handle?”
To find out what the legal team at Khalaf & Abuzir, LLC could do for you, contact us today to speak with one of our Chicago immigration attorneys.
