It’s a harrowing time for immigrants to the United States. Every day, the news is filled with stories of immigrants – some legal and some not – being subjected to arrests and deportation, without the benefit of due process. Even if you’re following the rules, it’s tough to know what’s allowed and what isn’t. Traveling in and out of the country with a pending immigration case was always tricky, but now it’s even more important to make sure you know what’s permitted and what isn’t.
If you are in the midst of an immigration case, the question of whether you can safely leave during this time depends on the type of application you’ve submitted and your current immigration status. If you have a pending adjustment of status (Form I-485), traveling abroad without first obtaining Advance Parole (using Form I-131) will result in your application being immediately abandoned. Advance Parole is an essential travel document that, if approved, will allow your return to the U.S. without forfeiting your adjustment application. Unfortunately, getting approval for this type of travel typically takes several months, and traveling before receiving it can mean being denied reentry.
Other types of pending petitions, including employment-based nonimmigrant visas (e.g., H-1B or L-1), generally allow travel as long as you maintain valid status and have the appropriate visa for reentry. But any pending change of status or extension of stay has a good chance of being canceled if you leave the country before it is approved. You may end up needing to have your visa processed abroad before you’re allowed back in.
If you’re in the United States seeking asylum and you try to leave the country, you face even more challenges. Attempting to return to your home country while your application is pending is likely to be interpreted as a sign that you no longer fear persecution, and this can lead to your application being denied. Even travel to a third country can raise red flags unless you first obtain authorization.
Generally speaking, immigration court proceedings come with travel restrictions. If you’re in the midst of removal or deportation proceedings, you can’t leave the U.S. without first getting special permission; attempting to do so can result in an automatic removal order.
There are important reasons why you might want to return to your home country or travel out of the United States, but before doing so, it’s essential that you consult with an experienced immigration attorney who can help you understand the risks based on your specific case and assess whether a travel permit will be available or advisable. Ignoring these risks may not only delay your immigration case but could also result in the denial of your application, or worse, removal proceedings.