Published: November 7, 2024
The green card proves you’re eligible to live and work in the US. Likewise, it’s essential to verify your identity and legal status when returning to the country after traveling abroad. But what specific work or family needs require you to travel while your green card application is still pending?
US embassies and consulates process thousands of visas daily, resulting in substantial delays and backlogs. According to a backlog report, around 385,800 eligible immigrant visa applicants are still waiting for an interview after completing the September 2024 appointment scheduling.
Below, ALG Lawyers will discuss whether you can travel abroad while your green card renewal application is pending and what options are available.
Risks of Traveling Abroad With a Pending Green Card Renewal
Traveling outside the US with a pending green card application is permissible. Yet, doing so isn’t always in your best interest. While the rules differ depending on your specific circumstance, traveling outside the US during that critical period can result in the following risks:
Abandonment of application
Abandoning your application is one of the risks when you travel abroad with a pending renewal.
You may inadvertently cause the cancellation of your permanent residence application, particularly if you don’t acquire the necessary permit to travel before your trip. Under 245.2 (a)(4) of Title 8 in the Code of Federal Regulations (CFR), your application may be considered abandoned if you leave the US with a pending application for adjustment of status.
That would further lead to the termination of your pending application unless you have secured advance parole for such absences and undergo formal inspection upon returning to the US. Otherwise, you may face immediate denial, requiring you to restart the entire renewal process, which can be costly and time-consuming.
Denial of re-entry
Leaving the US with an expired green card indicates you have abandoned your lawful permanent resident (LPR) status. Suppose you return to the US and cannot present valid proof of your LPR status at the border. The border officers may not authorize you to enter the country until you acquire valid documentation. It’s crucial to carry a valid proof of your permanent resident status whenever you leave and re-enter the US.
Options for Traveling Abroad While Application is Pending
Like many green card renewal applicants, you may find yourself in situations where traveling abroad is necessary. Although risky, you can travel outside the US while your application is pending without any negative consequences through these options:
Leverage validity extension
USCIS has provisions that enable automatic 36-month extensions for individuals with pending green card renewal applications. It gives you temporary proof of your LPR status, which you can use to travel legally.
However, ensure to keep your expired green card and all relevant paperwork on hand during your travels. It’s also worth noting that not all countries may accept the receipt notice as an adequate document for boarding a flight.
Secure advance parole
Advance parole is a travel authorization the USCIS grants eligible immigrants who temporarily leave the US and return without jeopardizing their green card status. This document prevents your current immigration application from being nullified due to your absence.
Otherwise, the USCIS may consider your pending application abandoned and deny it. You must secure an advance parole document before leaving the US, particularly if you have:
- Applied for adjustment of status but still waiting for USCIS to decide
- Have refugee or asylee status and intend to temporarily travel to Canada to apply for a US immigration visa
- A legitimate or urgent reason to travel abroad temporarily
It’s crucial to note that the Customs and Border Protection (CBP) officer may still deny you reentry to the US even with an advance parole document. Thus, seek consultation from an immigration lawyer to discuss your unique situation before you travel.
Take advantage of exceptions
Some visa holders may enjoy more flexibility when traveling abroad with a pending green card renewal application. You can travel abroad without an approved advance parole if you hold H-1B, L-1, or V visas. Still, consider consulting a lawyer to safeguard your residency status while traveling outside the US.
Seek Consultation With ALG Lawyers
There’s no definitive timeline for how long the USCIS will decide on your green card renewal application. Remember, each case is unique, and many factors can affect the processing times. However, working with the best immigration lawyers can help streamline the renewal procedure by filing accurate forms and providing proper documentation.
Our team at ALG Lawyers will handle your case with utmost care and diligence. Whether you require guidance on the green card renewal process or face challenges with your application, we can give you personalized attention. Call us today to seek consultation for your immigration needs or issues.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)