Can you travel while waiting for green card? This is a common question among individuals who are in the process of obtaining permanent residency in the United States. The answer to this question depends on several factors, including the type of green card, the country of origin, and the individual’s specific circumstances. In this article, we will explore the various aspects of traveling while waiting for a green card and provide some guidance on how to navigate this complex issue.
Firstly, it is important to understand that there are two types of green cards: conditional and unconditional. Conditional green cards are issued for a period of two years, after which the holder must apply for an unconditional green card. During this two-year period, the holder is generally not allowed to travel outside the United States without first obtaining advance parole. Advance parole is a document that allows the green card holder to travel and return to the United States without the risk of being barred from re-entering the country.
Unconditional green cards, on the other hand, are valid for the holder’s lifetime and do not require advance parole for travel. However, even with an unconditional green card, there are still certain restrictions and considerations to keep in mind when planning international travel.
One of the most important factors to consider when traveling while waiting for a green card is the country of origin. Some countries have higher rates of immigration fraud and overstay, which can make it more difficult for individuals from those countries to obtain advance parole. Additionally, individuals from countries that are on the United States’ list of state sponsors of terrorism may face additional scrutiny and delays when applying for advance parole.
Another important consideration is the purpose of the travel. If the trip is for a short duration, such as a family emergency or a business meeting, it may be easier to obtain advance parole. However, if the trip is for an extended period, such as a vacation or a study abroad program, it may be more challenging to secure advance parole, as the U.S. Citizenship and Immigration Services (USCIS) may be concerned about the individual’s intent to return to the United States.
It is also essential to keep in mind that traveling while waiting for a green card can have implications for the application process. If an individual leaves the United States without obtaining advance parole and is unable to return, it may be difficult to prove that they have the intent to reside permanently in the United States. This could potentially lead to complications in the green card application process.
In conclusion, while it is possible to travel while waiting for a green card, it is important to carefully consider the type of green card, the country of origin, the purpose of the travel, and the potential implications for the green card application process. By consulting with an immigration attorney and obtaining advance parole when necessary, individuals can minimize the risks associated with traveling while waiting for their green card.
