With an Advance Parole (AP) document, you may be able to travel outside the U.S. during removal proceedings, but there are risks that you face, such as the inability to re-enter the U.S. on grounds of inadmissibility.
To determine whether you can travel while undergoing removal proceedings, contact the Chicago immigration attorneys at Cho Immigration Law by calling 312-853-3088.
Can You Travel While Your Asylum Case Is Pending?
If you’re seeking asylum in the U.S., you may want to travel outside the country while your case is pending. This could be the case if you are waiting for months or years before an in-person interview and processing through U.S. Citizenship and Immigration Services (USCIS).
There are numerous reasons immigrants may want to travel while an asylum case is pending, such as:
- Visiting family members outside the U.S.
- Gauging the experience of traveling abroad
- Seeking international work or educational opportunities
- Adjusting your status more easily with the help of advance parole
While there are plenty of valid reasons to leave the U.S. during a pending case, there are risks to keep in mind. These risks are particularly present for those who wish to leave the country when facing removal.
What Are the Risks of Traveling on Advance Parole During Removal Proceedings?
There are a few advance parole travel risks that could compromise your ability to return to the U.S. if you decide to leave during removal proceedings.
Inadmissibility
Your Advance Parole document does not guarantee your ability to re-enter the country after leaving.
To gain re-entry in the U.S., you must be “admissible” under immigration law.
An attorney could inform you of circumstances that might prevent you from being able to return to the U.S. after traveling abroad, such as a criminal record or a previous removal or deportation order. Even if you have a criminal conviction that occurred many years ago or has undergone dismissal or expungement, these convictions could still render you inadmissible in some situations.
Difficult Interactions With U.S. Customs and Border Protection (CBP)
Another complication involves challenging interviews with CBP officers upon return to the U.S. In many cases, individuals on an AP document attempting to re-enter the U.S. wind up flagged for “secondary inspection.” In these instances, CBP officers pull travelers aside and into a private room for an interview. CBP could ask interrogatory questions and make the individual feel extremely uncomfortable in the process, which can cause anxiety and even trauma to the interviewee.
Ultimately, a negative interaction with CBP officers could also result in a denial of re-entry.
Emotional and Psychological Impact
Individuals who leave the country on advance parole could experience everything from fear and stress to depression and tension in their relationships, especially if hardships develop, like conflicts with CBP or USCIS. These experiences could also extend to the journey outside the U.S. in their destination country, making the overall experience of traveling negative.
These challenges make it important for you to carefully consider the reason you want to travel and whether you can safely and conveniently re-enter the country before leaving the country with an AP document.
When Should You Avoid International Travel with a Pending Immigration Case?
Unless it is absolutely necessary, it’s typically in your best interest to avoid traveling abroad with a pending immigration case.
One of the reasons to wait to travel is the risk of delayed processing, mailing notice confusion, and missed interviews or biometric appointments. Individuals who leave the country at the wrong time might miss critical deadlines, which could compromise their case.
Additionally, many immigration cases require individuals to stay in the country until they finish processing. For example, while awaiting the approval of Form I-485, Application to Register Permanent Residence or Adjust Status, and you leave the country, USCIS could determine that you have abandoned your case and self-deported. While applicants in these cases may still have the chance to reapply, they might suffer permanent inadmissibility in some instances.
Also, CBP has the authority to deny re-entry if your case is still pending upon your return to the country. CBP officers are more likely to deny re-entry if there are circumstances that appear suspicious to them, including past criminal convictions or doubts regarding “good moral character.” Depending on the circumstances, you could find yourself in removal proceedings or facing bars from re-entry for a period of time.
These issues are why it’s so important to consult with an attorney before deciding to travel while your case is pending, whether you’re concerned about traveling while asylum lasts or you’re unsure about your legal rights during deportation or removal.
Why Contact an Asylum Immigration Attorney in Chicago?
Connecting with an immigration attorney for advance parole can help you determine what risks you might face if you decide to travel.
With ICE’s shift in enforcement and stricter CBP operations, individuals seeking asylum in the country or facing removal need to do what they can to avoid issues when traveling and re-entering the country. Depending on your situation, you may benefit from consulting an asylum immigration lawyer in Chicago who may be able to provide clear guidance for you based on your situation.
An attorney can assess your situation to gauge the risks vs. the benefits of traveling while your case is pending with advance parole. He or she could also advise you on other immigration matters, such as applying for asylum or other types of immigrant statuses and procedures to follow when facing removal or deportation.
Ultimately, having a lawyer by your side could give you the legal protection you need to avoid serious repercussions when considering traveling with an AP document. You could also determine which path to take to continue to legally work and live in the U.S. as an immigrant or non-immigrant.
To find out how the legal team at Cho Immigration Law can assist you, contact us today to consult one of our experienced attorneys and discuss your needs.
FAQs
Can I travel outside the U.S. while my asylum application is pending?
While it’s often possible for asylum applicants to leave the U.S. with advance parole, it can lead to complications with a pending case, such as inadmissibility grounds that may prevent you from re-entering the country. Most importantly, you must avoid returning to your country of origin, as this will signal to USCIS that you have likely abandoned your application.
Is advance parole safe to use during removal proceedings?
If you are in the middle of removal proceedings and decide to leave the country on advance parole, USCIS will likely consider this an act of self-deportation and prevent you from re-entering the U.S. Also, USCIS will not issue advance parole if you apply while you are in removal proceedings.
Should I speak with an immigration lawyer before traveling on advance parole?
It’s often best to speak with an experienced immigration attorney before attempting to travel on advance parole. A lawyer could advise you on what steps to take and whether it is safe to travel with this document based on your current immigration status and circumstances.
