Can I travel while my Green Card is in process?

UPDATED: Sep 30, 2022

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Can I travel while my Green Card is in process?

I will apply for my chage of status in the begining of April after my wife gets
citizenship. We are already legally married since last summer. We are planning a
wedding overseas and we want to leave a country in the begining of August for 3
weeks. I would like to know what are the risks that I will not be allowed back in
the country? What can I do in case I am not allowedback?
I know that it takes up to 8 months to get the Green Card. But I also know that
there is a travel document – Advenced Parole, which I can get within 4 month. I
hope that this document can help me to reenter the country. What is the purpose
of this document?

Thanks in advance

Asked on February 14, 2017 under Immigration Law, Connecticut


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can apply for and use the advance parole travel document while your green card process in in order.  However, it may not be safe to use if prior to filing the adjustment of status through your spouse you were in the US unlawfully or out of status.  This is something that you should consult with an attorney about if you are uncertain as to whether you should use this or not.  The USCIS will issue it to you if you apply for it, but their issuance is not a determination of whether or not it is safe for you to use.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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