Depending on your circumstances, you may be able to travel internationally while awaiting the renewal of your green card. However, there are risks, and it’s important to consult an attorney before making the decision to leave while your application is pending.
For legal assistance from a Chicago green card attorney if you wish to travel while your green card renewal is pending, call Cho Immigration Law today at 312-853-3088 to schedule a consultation.
Can You Travel Internationally While Your Green Card Renewal Is Pending?
There are currently nearly 400,000 lawful permanent residents (LPRs) in Illinois alone. Many of these individuals are likely to apply to renew their permanent resident card, formerly known as a green card. They may also wish to travel outside of the U.S. while their renewal is pending.
However, with the government’s crackdown on illegal immigration and ICE’s shift in enforcement, you must take the appropriate steps to avoid possible issues when leaving and re-entering the U.S.
You will need a combination of key documents to allow you to gain reentry after your travels.
What Documents You Need to Re-Enter the U.S. During a Pending Green Card Renewal
There are a few key documents you will need to travel legally while your application is pending. These documents include:
- Your Expired Green Card: One main document you will need to bring with you is your current green card, regardless of its validity, as this proves your previous LPR status.
- Form I-797 Receipt Notice: You must also carry a Form I-797, Notice of Action, receipt notice from U.S. Citizenship and Immigration Services (USCIS) proving that you have received an extension of your green card and LPR status.
- A Valid Passport: Airlines will also require you to carry a valid passport that allows you to travel abroad.
- Documentation of Ties: If you plan on traveling for a long period, you may also need to carry documentation proving your intent to return, such as property deeds, tax returns, and other ties to the U.S.
When Traveling With an Expired Green Card Can Cause Immigration Problems
There are a couple of key circumstances when traveling with an expired green card could compromise your ability to re-enter the U.S. after traveling internationally.
These circumstances include:
Denied Boarding
If you do not have the proper documentation proving your legal status, including a Form I-797 receipt notice and passport, airlines may prevent you from boarding a plane to leave the country. Airlines face steep penalties if they transport passengers with improper documentation, making staff likely to scrutinize all documentation to confirm your ability to leave the U.S. and re-enter lawfully.
Delays Involving Customs and Border Patrol (CBP)
Inconsistencies or issues with your documentation could gain the scrutiny of CBP officers. In these instances, officers may pull you aside for a secondary inspection and ask a series of questions to confirm your legal status. In doing so, CBP may request proof of U.S. ties, including tax returns, your address, and employment records. This process can cause delays and ultimately result in a denial of re-entry in severe cases.
You are more likely to attract the attention of CBP officials if you leave the U.S. for more than six months.
Abandonment of Application
If you leave while pending renewal, you could wind up inadvertently canceling your application for a green card. This is a big risk, particularly if you don’t acquire a permit to travel before leaving the country.
To avoid this issue, you may need to secure advance parole (AP) to keep USCIS from considering your application abandoned. Otherwise, you may need to restart the process of applying for a green card, costing you time and money.
Denied Re-Entry
If you return to the U.S. on an expired green card, immigration officials could deny you re-entry to the U.S. if you do not have proof of your current status.
Ultimately, to minimize the risk of denied re-entry and application abandonment, consult a green card lawyer prior to traveling abroad.
How an Experienced Chicago Green Card Attorney Can Help
If you wish to travel while your green card renewal is pending, there are a few ways an attorney could assist you with this process:
Securing Travel Documents
Your attorney could help ensure you have all the necessary documentation to enable you to travel lawfully, including your expired green card, Form I-797 receipt notice, passport, or Advance Parole document.
Facilitating the Renewal Process
Before you decide to travel, you may also need some assistance applying for a renewed green card. An attorney could help determine if you meet all eligibility criteria and file all forms and supporting documentation with consistent and updated information.
He or she can also update you on the status of your renewal as needed.
Expediting the Travel Process
If you need to leave the country for emergency purposes, such as attending to a death in the family or seeking critical medical treatment abroad, a lawyer may also be able to accelerate the process of approving your travel documents.
Avoiding Deportation
In extreme cases, individuals with expired green cards may face deportation. An attorney can inform you of and protect your legal rights during deportation, possibly identifying another path to re-entry and a chance to remain in the country legally.
If needed, your attorney could represent you during removal proceedings and help mitigate the risk of deportation.
Sponsoring Family Members
Another benefit of working with an attorney is the ability to sponsor relatives to enter the U.S. and gain LPR status in some cases. He or she can determine which visa applies to a particular relative and can guide you and your loved ones through the petitioning process to help secure approval.
If you would like some help from an attorney to keep the process smooth and efficient when traveling abroad with a pending green card renewal, turn to the legal team here at Cho Immigration Law. For help from an experienced attorney today, contact us online to schedule a consultation.
FAQs
Can I leave the U.S. while my green card renewal is still pending?
Generally, you are able to leave the U.S. temporarily while your green card renewal is pending, as long as you have a valid green card at the time of your departure. Your ability to leave will largely depend on your circumstances, as you risk abandoning your application and being unable to re-enter the U.S. legally.
What happens if I travel with an expired green card and a pending I-90?
If you decide to travel abroad with an expired green card, you may be able to legally do so if you immediately file Form I-90. This document will extend the validity of your LPR status by 24 months. To avoid issues when traveling, ensure you have both your expired green card and the I-797 “Notice of Action” receipt letter from USCIS proving your continued status.
Do I need to speak with an immigration lawyer before traveling during renewal?
It’s in your best interest to consult an immigration attorney before traveling while awaiting the renewal of your green card. Doing so could provide you with clear guidance on steps to take to maintain your legal status and enable you to re-enter the U.S. when needed.
