Can I Leave the United States While My Family Immigration Case is Pending?

The United States immigration system can be incredibly complicated, especially when it comes to family immigration cases. One common question that arises is whether it’s possible to leave the United States while your family immigration case is pending. If your family immigration case is pending, it is important to understand the rules and guidelines so you can make the right choice for you and your family.

Understanding the Risks of Traveling While Your Family Immigration Case is Pending

Leaving the United States while your family immigration case is pending can carry significant risks that may adversely affect your application process. It is important to be aware of these potential pitfalls to make an informed decision. Here are some of the primary risks to be aware of:

1. Abandonment of Application

When your family immigration case is pending, leaving the United States can often be interpreted as an abandonment of your application. This can have serious implications, including an automatic denial by U.S. Citizenship and Immigration Services (USCIS), as they may assume you no longer intend to pursue your immigration benefits. If this happens, you’ll have to start the application process all over again, which takes a lot of time and money. Additionally, any fees you already paid will be lost, and you’ll need to pay them again when you reapply.

2. Re-entry Challenges

Returning to the United States after leaving while your family immigration case is pending can present significant re-entry challenges. Without proper authorization, such as Advance Parole, you may face denial at the border, leading to separation from your family and further complications in your immigration process. Additionally, if you leave without proper documentation or authorization, your existing visa may be voided. This would require you to apply for a new visa from abroad, which can be a lengthy and uncertain process.

3. Processing Delays

Traveling while your family immigration case is pending can lead to significant processing delays. USCIS may issue Requests for Evidence (RFEs) if they need more information or documentation, which can stall the processing of your application until you provide the requested evidence. Additionally, travel can disrupt the continuous processing of your application, resulting in extended wait times for a decision. If you have scheduled interviews or biometric appointments, traveling may require rescheduling these appointments, causing further delays. Missing these appointments without proper rescheduling can even lead to the denial of your application.

4. Impact on Future Immigration Benefits

Traveling without proper authorization while your family immigration case is pending can have serious long-term consequences on your ability to secure future immigration benefits. An unauthorized departure and subsequent denial of re-entry can create an adverse immigration record, which will negatively impact any future applications and potential immigration benefits. Unauthorized travel can result in being barred from re-entering the U.S. for several years, depending on the specifics of your case. This can significantly disrupt your life and family plans, making it crucial to understand and follow the necessary procedures while your family immigration case is pending.

What is Advance Parole and How Does It Work?

When your family immigration case is pending, understanding Advance Parole is key if you need to travel outside the United States. Advance Parole is a travel document issued by USCIS that allows certain non-citizens to re-enter the United States without abandoning their pending immigration applications. Essentially, it provides temporary travel authorization for individuals whose immigration status adjustments are in progress. It is important to note that you must apply for advance parole before you leave the United States.

To obtain Advance Parole, applicants must file Form I-131, Application for Travel Document, and receive approval before leaving the country. This approval ensures that USCIS recognizes your need to travel and permits your re-entry without considering your departure as abandonment of your pending family immigration case. Securing Advance Parole is an essential step for maintaining the integrity of your immigration process while addressing any urgent travel needs.

Who Qualifies for Advance Parole?

If you have a pending family immigration case, specifically an adjustment of status green card application, you may qualify to apply for Advance Parole. It’s important to note that while you may be eligible to apply, there is no guarantee that USCIS will approve your application or that it will be processed in time for any upcoming travel plans.

In addition to those with a pending adjustment of status application, you may also qualify for Advance Parole if you:

• Applied for Temporary Protected Status (TPS): If you have applied for or currently hold TPS, you can apply for Advance Parole to travel abroad.
• Submitted an Asylum Application or Are a Current Asylee: Individuals with pending asylum applications or those who have been granted asylum can apply for Advance Parole to travel for specific reasons.
• Have a Pending Application for Temporary Resident Status: Under Section 245(a) of the Immigration and Nationality Act, those with a pending temporary resident status application may also apply.
• Are on T Nonimmigrant or U Nonimmigrant Status: Victims of human trafficking (T status) or certain crime victims (U status) with pending family immigration cases may qualify.
• Have Been Granted Humanitarian Parole: If you have been granted humanitarian parole, you can apply for Advance Parole for additional travel needs.
• Received Benefits Through the Family Unity Program: Those benefiting from the Family Unity Program can apply for Advance Parole to maintain their pending family immigration case.
• Are a DACA Recipient: If you are a DACA recipient with a pending family immigration case, you may also apply for Advance Parole for travel related to humanitarian, educational, or employment purposes.

If your family immigration case is pending, it is important to apply for Advance Parole well in advance of any planned travel to avoid jeopardizing your application.

Steps to Take Before You Travel While Your Family Immigration Case is Pending

When your family immigration case is pending, traveling outside the United States requires careful planning to avoid jeopardizing your immigration status. Here are the essential steps to take to protect your status and ensure your pending case remains on track:

1. Review Your Case and Travel Eligibility

If your family immigration case is pending, review your case documents and eligibility criteria for travel. Ensure that your current immigration status allows for international travel without negatively impacting your pending application.

2. Gather and Organize Important Documentation

When traveling with a pending family immigration case, it is important to carry all necessary documentation with you. This includes:

• Copies of your application receipt notices for any forms you have submitted.
• Documentation related to your pending immigration case, such as Form I-130 or Form I-485.
• A valid passport and any necessary visas or travel documents.
• Contact information for your immigration attorney in case you encounter issues while abroad.

Keeping these documents organized and readily accessible can help you navigate any challenges that may arise during your travel.

3. Inform USCIS of Your Travel Plans

It is important to notify USCIS of your travel plans if your family immigration case is pending. Ensure that USCIS has updated contact information for you in case they need to reach you while you are abroad. Keeping USCIS informed can help prevent delays or issues with your pending case, particularly if you need to reschedule appointments or provide additional information.

4. Consult with an Immigration Attorney

Before making any travel plans, you should consult with an experienced immigration attorney. Your attorney can provide tailored advice based on the specifics of your pending family immigration case and help you understand the potential risks associated with international travel. They can guide you on whether travel is advisable in your situation and what precautions you should take to maintain your immigration status.

At Davis & Associates, our team of immigration attorneys is dedicated to helping you navigate the complexities of a pending family immigration case. We understand that every situation is unique, and we are here to provide you with the personalized guidance you need to make informed decisions for you and your family. Don’t leave your immigration status to chance—contact us today to ensure you are making the right choices and protecting your future.