Can You Leave the U.S. While Your Green Card is Pending?
Can You Leave the U.S. While Your Green Card is Pending?
If you are in Tulsa, Oklahoma, and your green card application is pending, you may be wondering whether you can travel outside the United States. This question is crucial for many refugees and immigrants who may have family obligations, work commitments, or personal reasons for traveling. Understanding the implications of leaving the U.S. while your green card application is pending is essential to avoid jeopardizing your immigration status.
Understanding Green Card Applications
When you apply for a green card, you are essentially seeking permanent residency in the United States. This process can take several months or even years, depending on various factors, including your immigration category and the current processing times.
What Happens When You Leave the U.S.?
Leaving the U.S. while your green card application is pending can have serious consequences. If you depart the country without securing the appropriate permissions, you may inadvertently abandon your application. This could lead to delays or even denial of your green card application.
Travel Restrictions
In general, if you leave the U.S. while your green card application is pending, you may be considered to have abandoned your application unless you have received advance parole. Advance parole is a document that allows you to re-enter the U.S. after traveling abroad while your application is still pending.
Obtaining Advance Parole
What is Advance Parole?
Advance parole is an important tool for individuals with pending immigration applications. It allows you to travel outside the U.S. and return without losing your pending status.
How to Apply for Advance Parole
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File Form I-131: You will need to complete and submit Form I-131, Application for Travel Document. This form can be filed concurrently with your green card application or at a later date.
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Provide Supporting Documents: Include documents that explain the reason for your travel, such as a family emergency or work obligations.
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Pay the Filing Fee: Ensure that you pay the required filing fee when submitting your application.
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Wait for Approval: After submission, you must wait for USCIS to process your application for advance parole. This can take several weeks to months.
Important Considerations
- Traveling Without Advance Parole: If you leave the U.S. without advance parole, you may not be allowed to return, and your green card application could be considered abandoned.
- Pending Asylum Cases: If you are seeking asylum, traveling outside the U.S. could jeopardize your asylum claim. Consult with an asylum attorney before making any travel plans.
Common Pitfalls
Not Understanding the Risks
Many individuals mistakenly believe they can travel freely while their green card application is pending. It is crucial to understand the risks associated with leaving the U.S. without advance parole.
Failing to Apply in Time
If you plan to travel, ensure you apply for advance parole well in advance. Processing times can vary, and delays could affect your travel plans.
Ignoring Changes in Status
If your immigration status changes while your green card application is pending, it may affect your ability to travel. Always stay informed about your current status and consult with an immigration lawyer if you have questions.
Checklist for Traveling While Your Green Card is Pending
- Confirm your green card application is pending.
- Assess the need for travel and the urgency of your situation.
- Apply for advance parole using Form I-131.
- Gather supporting documents for your advance parole application.
- Wait for approval before making any travel arrangements.
Frequently Asked Questions
Can I leave the U.S. if my green card application is pending?
Leaving the U.S. without advance parole can lead to the abandonment of your green card application. It is crucial to obtain advance parole before traveling.
How long does it take to get advance parole?
Processing times for advance parole can vary, but it typically takes several weeks to a few months. Always apply well in advance of your planned travel.
What should I do if I need to travel urgently?
If you have an urgent need to travel, consult with an immigration lawyer to explore your options and understand the risks involved.
In conclusion, if you are in Tulsa, Oklahoma, and have a pending green card application, it is vital to understand the implications of traveling outside the U.S. Without proper documentation, such as advance parole, you risk losing your chance at permanent residency. For help with your case, call +1 918 221 9438 (phone or WhatsApp) or visit our consultation page at New Horizons Legal.
Disclaimer: This content is general information and does not constitute legal advice. For personalized guidance, schedule a confidential consultation.
This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.
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