Travel Chart: Can I Travel Outside of the United States While Applying for Immigration Benefits or After Receiving Immigration Benefits?
Type of Status | Application Status | What do I need to know? |
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Parole | Parolee | Generally, if a parolee (someone who has parole) leaves the United States, that person’s parole will end when they depart. If a parolee wishes to travel outside the United States, that person must apply for a travel document (advance parole*; Form I-131) and receive advance parole BEFORE leaving the United States. This process usually takes several months. However, even if that person is granted advance parole, leaving the United States, even for a short period, can impact that person’s eligibility for other temporary and permanent forms of relief, including Temporary Protected Status (TPS) and asylum. If you have a parole-based Employment Authorization Document (EAD), you may continue to work when you return to the United States as long as that document is unexpired. If you do not have an EAD or your EAD is now expired, you will need to request an EAD upon your return to the United States with advance parole. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
Temporary Protected Status (TPS) | Pending TPS Application | Generally, to travel outside the United States, a TPS applicant must apply for a travel document (advance parole*; Form I-131) and receive advance parole BEFORE leaving. This process usually takes several months. However, even if a person is granted advance parole, leaving the United States, even for a short period, could affect that person’s eligibility for other temporary and permanent forms of relief, including TPS and asylum. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
Approved TPS | Generally, to travel outside the United States, a TPS beneficiary must apply for travel authorization (Form I-131) and receive Form I-512T, Authorization for Travel by a Noncitizen to the United States BEFORE leaving. A TPS travel document does not replace that person’s passport, but it can be accepted as proof that the person is authorized to travel to the United States instead of needing a visa. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. | |
Special Immigrant Visa (SIV) | Pending SIV Application | Generally, to travel outside the United States, a person must apply for a travel document (advance parole*; Form I-131) and receive advance parole BEFORE leaving. This process usually takes several months. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
Approved SIV (but has NOT yet received a green card) | Generally, to travel outside the United States, a person must apply for a travel document (advance parole*; Form I-131) and receive advance parole BEFORE leaving. This process usually takes several months. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. | |
Approved SIV (with Green Card) |
Generally, after a person receives proof of their lawful permanent residence (also known as a green card), they may travel outside the United States. However, you should consider these factors:
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Asylum | Pending Asylum Application |
Generally, asylum applicants should not travel to their country of persecution because it may be viewed as “voluntary re-availment,” which means the person may not be eligible for asylum. Generally, to travel elsewhere, an asylum applicant must apply for advance parole* (Form I-131) and receive advance parole BEFORE departing or else that person’s asylum application may be considered abandoned. Additionally, it is very important to avoid travelling using travel documents (e.g., passports) issued by the country of persecution, which may also be considered “voluntary re-availment.” Furthermore, asylum applicants in removal proceedings cannot re-enter the United States after departing. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
Approved Asylum (with or without Pending Green Card Application Based on Asylum) |
Generally, asylees (someone who has been granted asylum) should not travel to their country of persecution because such travel may be a basis for the U.S. government to terminate the person’s asylum status. Also, during the first year of asylee status, travel outside the United States can count against the one year of physical presence in the United States needed to adjust status and could delay the asylee’s eligibility for lawful permanent residence. To travel elsewhere, an asylee generally must apply for a refugee travel document (Form I-131) BEFORE departing the United States. The asylee should only travel using the refugee travel document and NOT travel using the documents (including passports) from their country of persecution. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
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Approved Green Card Based on Asylum |
Generally, lawful permanent residents who received a green card based on their asylee status should understand that travel to their country of persecution may be a basis for the U.S. government to terminate their lawful permanent residence. To travel elsewhere, lawful permanent residents (based on asylee status) may need to apply for a refugee travel document (Form I-131). They should only travel with their green card and a refugee travel document. They should NOT travel using the documents from their country of persecution. However, there are rules about how you can travel with your green card:
Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
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Withholding of Removal or Convention Against Torture (CAT) protection | Pending Application for Withholding of Removal or CAT Protection |
Do not travel to your country of origin. Generally, to travel elsewhere, a withholding of removal or CAT protection applicant must apply for a travel document (advance parole*; Form I-131) and receive advance parole BEFORE departing or else that person’s application will be considered abandoned. If you are not eligible for asylum and are only eligible for Withholding of Removal and CAT protection, you should not travel outside the United States at all. Furthermore, applicants in removal proceedings cannot travel. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
Approved Withholding of Removal or CAT Protection | There is no right to travel outside the United States with an approved withholding of removal or CAT protection. If you leave the United States, you will not be permitted to return based on these forms of protection. Consult with an immigration lawyer if you have questions about how travel could impact your current or future immigration status. |
*Advance Parole: The USCIS website states:
“Advance parole allows you to travel back to the United States without applying for a visa. A transportation company (airlines) can accept an advance parole document instead of a visa as proof that you are authorized to travel to the United States. An advance parole document does not replace your passport.
Please note that having an advance parole document does not guarantee that you will be allowed to reenter the United States. At the airport or border, a U.S. Customs and Border Protection (CBP) officer will make the final decision about whether to allow you to reenter the United States.”