Can I Do Foreign Travel While I131 Is Pending?

by | Last updated on January 24, 2024

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Individuals may travel on the approved advanced parole document, provided the document is valid for the entire duration of the time abroad

. The pending form I-131 will not be considered abandoned in this situation.”

Can I travel while advance parole is pending?


You can travel and your pending I485 (with or without Advance parole) will not be abandoned if you have one of these visa types to re-enter the USA

: Work visas like H1B and its dependent H4, L-1, and its dependent L2.

Can I travel on H1B while I-131 is pending?

Normally, you are allowed to travel while your other visa like L-1, L-2, H1B, H-4, K-3, K-4, or V is still valid and can be used to re-enter the USA. But,

USCIS can deny your pending i-131 advance parole application irrespective of your visa on your exit from the USA

.

Can you leave the country while waiting for advance parole?

The U.S. immigration official at the port of entry will make that decision. U.S. Citizenship and Immigration Services grants Advance Parole documents that are valid for one year.

You can take trips outside the United States for as long as your Advance Parole document remains valid

.

Can I travel while I-140 is pending?


You should not travel internationally while the travel document is pending

, or the entire process will be considered abandoned and your adjustment of status denied. After several months of waiting, you should then be scheduled for an interview with a USCIS officer.

Can I travel while I-130 is pending?

If you are a foreign spouse,

you may apply to enter the United States via a tourist visa if you have a pending I-130 petition

, and wish to go back to your home country after the visit.

Can I-131 be denied?

There are multiple reasons U.S. Citizenship and Immigration Services (USCIS) could deny your entry into the United States with Advance Parole. The Advance Parole application, known as Form I-131, or the “Application for Travel Document,”

does not guarantee you re-entry

.

Can I travel while my i 90 is pending?

No matter the case, the processing time for an I-90 application is typically 8-10 months, which means, most likely,

the LPR in question will have to postpone international travel until they receive their new green card

.

What happens if I-131 is denied?

If your or your employee’s I-131 application is denied because of international travel during the pendency of the application, do not panic.

This is not a cause for concern

, because the denial has no impact on your existing H, K, L or V visa, existing advance parole document or pending green card application.

Can I travel while in removal proceedings?

An applicant who is in removal proceedings

should never travel outside the United States until they are granted legal status and permission to travel abroad

. This is true even if the applicant receives advance parole.

Can I travel within US while my asylum case is pending?

May I apply for a travel document to leave the United States and return while my application for asylum is pending?

You may apply for Advance Parole while your asylum application is pending

. If your application is approved and you obtain Advance Parole, you may depart and return to the United States.

Can I travel while my i 765 is pending?

It may take up to three months for USCIS to approve the I-131 and I-765 applications.

Nonimmigrants holding H or L status do not need advance parole authorization to travel outside the United States while their AOS application is pending

.

Is it safe to travel with advance parole 2021 Covid?

Even then, most immigration attorneys recommend against traveling outside of the United States while your Green Card application is pending as the risks rarely justify the reward. Generally speaking,

you should only travel outside the United States with advance parole in an emergency situation

.

How long is i131 valid?

(1) A Refugee Travel Document is valid for

1 year

. (2) A Refugee Travel Document may not be extended.

How does USCIS know you left the country?

This is displayed on one screen in the USCIS computer system that the officer in charge of your case can access.

Once you actually board the plane, the system is again updated and the officer, by drilling down into the system can verify that fact as well as the date, etc.

How long is I-140 valid?

The labor certification must be submitted with the Form I-140 during the

180-day

validity period annotated at the bottom of every page of the labor certification by DOL. Petitions that are not supported by a valid labor certification will be rejected.

Can I apply for H1B while I-485 is pending?


Yes, it is possible to apply for H1B while your I-485 is pending

because H1B visas are dual intent visas. That means that an H-1b application can be submitted on your behalf while your I-485 is pending.

Can I stay in US after I-140 approval?

You can remain in the U.S. beyond June 2017 if the FORM I-140 is approved and a visa is available and a FORM I-485 is filed prior to expiration of the L-1B status.

Can I travel to US with approved I-130?


No, unfortunately the spouse seeking a green card is expected to remain abroad until their green card is approved

. Once their green card is approved, they have 6 months to enter the United States.

Can I travel to US during consular processing?

If you choose to go through consular processing,

it can be difficult to travel to the United States while your application is pending

— even just for a short trip. This is the case even if you already have a valid tourist visa.

How much does I-131 cost?

I am applying for a re-entry permit (Application Type A) and I am: Filing Fee Biometric Services
13 or younger


$575


$0
14 to 79 $575 $85 80 or older $575 $0

Can a DACA recipient travel outside the US?


Yes, you can leave the U.S. with DACA, but only if you receive travel authorization

. Also known as advance parole, the authorization will let you go outside the U.S. if you have any good reason to do so.

What happens after approval notice of I-131?

Once USCIS approves your I-130 application,

your application will be sent to the U.S. Department of State’s National Visa Center (NVC) for processing

. If your family member’s case is not subject to immediate processing, your I-130 application will remain with NVC until processing begins.

Can I travel with my i-90 receipt notice?


Lawful permanent residents should not attempt to travel using a receipt notice printed on standard paper

. The revised I-797 receipt notice, together with an applicant’s green card, will serve as temporary evidence of lawful permanent resident status for 12 months from the expiration date of the green card.

Can I travel with I-90 receipt?

The rules and procedures changed in January 2021. Prior to that date, generally speaking, it would not be in your best interest to travel outside the United States with only your expired green card and a receipt notice indicating that you filed Form I-90, Application to Replace Permanent Resident Card.

Can I travel internationally with an expired green card?

An expired green card will generally cause a delay, may require the payment of a steep re-entry fee, and can potentially create more significant immigration problems. Even if you start the green card renewal process, it can take 8 to 10 months!

Don’t travel abroad with an expired green card

.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.