For green card applicants who have applied within the United States and are waiting there, a frequent concern is travel outside the country. Family-based applicants, for example, are deemed to have abandoned their green card application if they depart the United States while it is pending. Some applicants may have had a valid status at one point (a valid U.S. visa or ESTA entry, etc.), but that status has now expired. This would normally subject them to potential time bars from returning to the U.S. after travel outside of the U.S.
Through the green card application process and simultaneously applying for advance parole, such applicants may be eligible for a travel document that will allow them to re-enter the United States after travel abroad without triggering a three- or ten-year bar to re-entry due to an overstay or other status violations. Our family immigration lawyers provide guidance on applying for advance parole and other travel permissions to protect your pending residency status.
Eligibility and Requirements for Advance Parole
Obtaining a travel document, or “advance parole,” is more difficult for green card applicants who entered without inspection than for those who overstayed after being inspected and admitted on a visa or visa waiver. Generally speaking, there must be a compelling reason for these applicants to travel (with the exception of DACA and TPS recipients, who are more liberally granted advance parole so long as they maintain their DACA or TPS status). An example of a compelling reason might be the serious illness or death of a family member.
For applicants who were inspected and admitted, they generally only need to establish that they have a bona fide personal or business reason for travel, or in rare cases if they need to travel overseas for a visa interview (when the Department of State has determined that the interviewee is unable to return to his or her country of citizenship for visa issuance and the third country requires the interviewee to enter with authorization to travel back to the United States).
If an individual is granted a travel document, they will need to present both their passport and the travel document upon returning from abroad. Generally, suppose an applicant applies for a travel document and an employment authorization document (“EAD”). In that case, the EAD card they receive will also state that it is valid as a travel document. These individuals may present their EAD card along with their passport.
Risks and Considerations Before Traveling Abroad
It is important to remember that a travel document is not a guarantee that an individual will be admitted to the United States upon their return from overseas travel. Anyone presenting to a port of entry must be inspected and admitted, and non-citizens may be found inadmissible to the United States and turned away, even if they have a travel document, a valid visa, or a green card. Therefore, it is important to weigh the benefits of travel against the possibility (albeit slight) of being denied reentry to the United States and potentially abandoning the pending green card application.
If you are interested in learning more about applying for a travel document, contact us online or call 717-731-8114 to schedule a consultation with one of our attorneys.