Can you travel while your Green Card Application is Pending?
Traveling outside the United States while your green card application is pending may carry more risk than you think. The Board of Immigration Appeals has said that traveling with a travel document while an adjustment-of-status application is pending is considered a departure, with the person's return treated as a new admission. This could create serious problems for some applicants, particularly those who had unlawful presence before applying for adjustment of status.
Why traveling during Adjustment of Status can be risky
People who have applied for adjustment of status but have not yet received their green card may receive a travel document allowing them to travel outside the United States.
However, traveling with that document is considered a departure, and returning to the United States is considered a new admission. For some applicants, this can create problems that did not exist when they initially applied for adjustment of status.
The risk can be especially significant for people who were out of status or had accumulated unlawful presence before filing their adjustment-of-status application.
How unlawful presence can affect travel
Previous unlawful presence is one of the most important concerns when deciding whether to travel.
Someone who had more than six months of unlawful presence before applying for adjustment of status may be subject to a 3-year bar after departing the United States. With more than one year of unlawful presence, the potential consequence may be a 10-year bar.
As a result, an applicant who did not face one of these bars when applying for adjustment of status could potentially encounter a problem after leaving the country.
What about DACA, TPS, or Pending Asylum?
Travel may also raise concerns for people with DACA, TPS, asylum, or pending asylum who are seeking adjustment of status.
The case discussed here involved DACA and did not specifically address every other adjustment-of-status situation, including certain cases involving spouses or parents of U.S. citizens over 21.
However, the reasoning of the decision could potentially create similar concerns for other applicants. This makes an individual's immigration history especially important when considering international travel.
Are some applicants in a safer position to travel?
Not every applicant has the same immigration history.
For example, someone who entered the United States on a student visa, remains in student status, marries a U.S. citizen, applies for adjustment of status, receives a travel document, and has no criminal record may be in a safer position to travel.
The key point is that having a travel document alone does not determine whether traveling is safe. The circumstances that existed before applying for adjustment of status also matter.
Should you wait for your Green Card?
For applicants who do not need to travel, waiting until the green card is issued may avoid some of the concerns associated with leaving the United States while adjustment of status is still pending.
Travel documents can be useful when an unexpected need arises, such as having to travel abroad to see a sick parent. But receiving the document does not necessarily mean that using it is advisable in every immigration case.
Even after receiving a green card, there may be circumstances that affect international travel.
Considering traveling while your Green Card is Pending?
If you have applied for adjustment of status and are considering traveling outside the United States, your immigration history may affect what happens when you leave and return.
The Law Office of Louis S. Haskell can review your circumstances and discuss your options before you travel.
Call or text: (978) 459-8359
This article is for educational purposes only and does not constitute legal advice.
TL;DR
Traveling with a travel document may still create immigration problems.
Prior unlawful presence may trigger a 3-year or 10-year bar.
Having a travel document does not automatically mean it is safe to travel.
Attorney Haskell generally recommends waiting for your green card before traveling, when possible.
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Traveling outside the United States while your green card application is pending may create immigration problems, even if you have a travel document.