The immigration process is long and often complex. People can legally enter the United States once they secure visas. They can adjust their status after residing in the United States for years and secure green cards that protect them as lawful permanent residents. Eventually, they can apply for naturalization and may become citizens of the United States.
At every stage in that process, immigrants are potentially at risk of denied applications or other consequences if they travel internationally. Understanding when travel is an immigration risk and when it is safest can help immigrants residing in the United States manage their personal relationships and businesses without compromising their status.
Travel for visa holders
International travel as a visa holder can be a risky undertaking. Many visas are single-entry visas. They allow foreign nationals to remain in the United States for a set amount of time, but they can only enter the country with the visa once.
An engaged individual with a K-1 visa who enters the country to marry a citizen cannot travel back to their country of origin and then re-enter the country with the K-1 visa. Some visa holders need to secure a second visa or adjust their status to obtain a green card. Others can petition for advance parole to allow them to lawfully re-enter the country after leaving as a visa holder.
Travel for green card applicants
Those waiting for the United States Citizenship and Immigration Services (USCIS) to adjust their status typically should not travel until they have a response to their pending Form I-485. Current federal policies dictate that those who leave the country while in the midst of adjusting their status have abandoned their application.
As is true for visa holders, those attempting to secure green cards can ask the USCIS for permission to return by securing advance parole. There are some exceptions for certain specialty visas, such as L-1, L-2, H-1B and H-4 visas. They may not require advance parole to reenter the country.
The documentation needed for reentry
Generally speaking, immigrants traveling abroad and returning to the United States need to bring state-issued identification, including their passports, and relevant immigration paperwork with them. Permanent residents must bring their green cards and present them when they reenter the country.
Those traveling abroad with visas typically need their passport, which should feature an unexpired visa stamp, as well as evidence of their status. An electronic I-94 form can help validate that an immigrant has a visa that allows them to re-enter the country. Those who have secured advance parole to reenter the country may need to bring Form I-512l with them to ensure that they can legally reenter the country.
Anyone planning to travel while living in the United States as a foreign national may need guidance to plan in a way that protects their rights. Discussing travel plans and immigration status with a lawyer can help people gather necessary documentation and take the legal steps required to leave the country and reenter it legally.