Applying for a Travel Document While Your Green Card Is Pending

Travel Document for Green Card Applicants

If you’re in the process of applying for a green card in the United States, you may need to travel outside of the country for personal or professional reasons. However, leaving the country while your green card application is pending can be complicated. In such cases, applying for a travel document can help ensure that your application remains valid, and you can re-enter the U.S. without issues. In this article, we’ll explore how to apply for a travel document while your green card is pending, the eligibility requirements, the application process, and other critical considerations.

At Fresh Start Immigration Law, we assist clients from a variety of locations, including New York, Long Island, Dallas, East Los Angeles, Miami Lakes, Fort Lauderdale, and Boca Raton. We understand how overwhelming immigration processes can be and are committed to guiding you through each step.

Understanding Travel Document

A travel document is an official document issued by the U.S. government that allows non-citizens to re-enter the United States while their immigration status is pending. If you’re in the U.S. and applying for permanent residency (a green card), leaving the country without a valid travel document can be risky. Without the proper documentation, you could risk abandonment of your green card application or face delays upon re-entry.

There are different types of travel documents, and the one you need will depend on your current status. The most commonly used travel documents for green card applicants are:

• Advance Parole: This is the most commonly requested travel document for individuals with a pending green card application. It allows you to leave the U.S. and return without affecting your immigration status.
• Refugee Travel Document: If you are a refugee or asylee and have applied for a green card, you might need a refugee travel document to travel abroad.

For most individuals applying for a green card, Advance Parole is the key document that enables them to leave and re-enter the U.S. without jeopardizing their pending application.

Why You Need Travel Document During Your Green Card Application

If your green card application (Form I-485) is pending and you need to travel outside the United States, it’s essential to obtain a travel document first. Here’s why:

1. Avoiding Abandonment of Your Application: If you leave the U.S. without an Advance Parole document while your green card application is pending, the USCIS may consider your application abandoned. This could cause a significant delay or lead to a denial of your green card petition.
2. Ensuring Re-Entry to the U.S.: Without a valid travel document, you may face difficulties when attempting to re-enter the U.S. While traveling abroad, immigration officials may not allow you to return to the U.S. unless you have the appropriate documentation in place.
3. Maintain Your Eligibility: With an Advance Parole document, you maintain your eligibility for a green card while abroad. This ensures that your green card application can continue processing without interruption.

At Fresh Start Immigration Law, we can guide you in understanding how these travel documents work and assist you in applying for them while ensuring your green card application remains intact.

Eligibility for Travel Document for Green Card Applicants

To be eligible for a travel document while your green card is pending, you need to meet certain requirements. Here’s who typically qualifies for an Advance Parole document:

1. Individuals with a Pending I-485 Application: If you have filed Form I-485 (Application to Register Permanent Residence or Adjust Status) and it is still pending, you are eligible to apply for Advance Parole to travel outside the U.S.
2. Family-Based Green Card Applicants: If you are applying for a green card based on a family relationship, such as a spouse or parent of a U.S. citizen or lawful permanent resident, you may be eligible for Advance Parole.
3. Employment-Based Green Card Applicants: If you are in the process of obtaining a green card through employment, and your I-485 is still pending, you may apply for Advance Parole.
4. Refugees and Asylees: Refugees and individuals with asylum status may also be eligible for a travel document to travel abroad while their green card application is pending.
5. Other Special Cases: Certain individuals under Temporary Protected Status (TPS) or with pending adjustment of status based on a U visa, T visa, or other humanitarian relief may also qualify for Advance Parole.

If you are uncertain about whether you qualify for a travel document while your green card is pending, it’s best to consult with an immigration attorney. At Fresh Start Immigration Law, we can assess your unique situation and provide guidance on how to proceed.

How to Apply for a Travel Document

Applying for a travel document, such as Advance Parole, involves a relatively straightforward process. However, it is essential to ensure that you complete all steps carefully to avoid unnecessary delays. Here’s a step-by-step guide on how to apply for a travel document while your green card is pending:

Step 1: File Form I-131 (Application for Travel Document)

The first step in obtaining a travel document is to file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS). This form allows you to request Advance Parole.

You will need to provide the following:

• Personal Information: This includes your name, address, and other identifying details.
• Reason for Travel: You must explain why you need to travel and why you are unable to wait for your green card to be approved before leaving the country.
• Supporting Documentation: This may include a copy of your pending I-485 receipt notice, passport photos, a copy of your current passport, and other documents that support your application.

Step 2: Submit the Required Fees

When submitting Form I-131, you will be required to pay the applicable filing fee. Ensure that you check the current USCIS fee schedule for the correct amount. At Fresh Start Immigration Law, we can help you determine the necessary fee and guide you through the payment process.

Step 3: Wait for USCIS to Process Your Application

Once your application is submitted, USCIS will process your Form I-131. This can take several months, so it’s important to plan your travel accordingly. During this time, USCIS may request additional information or documentation, so it’s crucial to respond to any requests promptly.

Step 4: Receive Your Travel Document

If your application is approved, you will receive your travel document, typically in the form of an Advance Parole card. You should not travel until you have received this card, as traveling without it could jeopardize your green card application.

Important Considerations When Applying for a Travel Document

While the process for applying for a travel document is relatively straightforward, there are several important considerations to keep in mind:

1. Traveling Before Approval: It’s crucial to wait for approval of your travel document before leaving the U.S. Traveling before approval can risk the abandonment of your green card application.
2. Re-entry to the U.S.: Even with an Advance Parole document, re-entry to the U.S. is not guaranteed. Customs and Border Protection (CBP) officers will review your documents and may deny entry if they have concerns about your eligibility.
3. Impact on Green Card Application: Although an Advance Parole document allows you to leave and return to the U.S., certain actions, such as a criminal conviction or violating the terms of your visa, could still affect your green card application.
4. Duration of the Travel Document: The Advance Parole document is typically valid for one year, and you may apply for a renewal if necessary. However, you should not plan to stay outside the U.S. for an extended period during this time, as it could affect the processing of your green card application.