How Do Travel Restrictions Affect Green Cards?
Travel restrictions can have a significant impact on individuals seeking to obtain or maintain a Green Card in the United States. Whether you’re in the process of applying for a Green Card, preparing for an interview, or looking to maintain your permanent resident status, travel restrictions can complicate the immigration journey.
At PVB Law LLC, we have extensive experience assisting Georgia clients with Green Card applications and related issues in Augusta and Atlanta. Our immigration attorney will take the time to understand you and the specifics of your case, allowing us to develop a dependable strategy for your future.
Let’s explore how travel restrictions can affect your Green Card and how you can avoid complications that might arise during your immigration process.
How Do Travel Restrictions Impact Green Card Holders?
Green Card holders, or lawful permanent residents (LPRs), are allowed to live and work in the United States indefinitely. However, there are certain travel restrictions that can impact their status. When LPRs travel outside of the U.S., they must be aware of the time limits and requirements that apply to their status.
Extended travel outside the U.S. can raise questions about whether the individual has abandoned their permanent residence or violated other conditions of their Green Card.
Here are some of the ways that travel restrictions can affect Green Card holders:
Re-entry requirements for Green Card holders: Permanent residents can travel outside the U.S. but need to keep in mind that any trip longer than six months can raise suspicions about whether they still consider the U.S. their permanent home. In some cases, a trip over six months may result in being questioned or denied re-entry into the country. It's important to maintain evidence of your ties to the U.S. when traveling, such as maintaining a home, job, or financial accounts in the country.
Abandonment of status: If a Green Card holder stays outside of the U.S. for extended periods, immigration authorities may question whether they’ve abandoned their status as a U.S. permanent resident. Even if the stay is less than six months, if the person’s intention appears to be to reside outside the U.S., they may be considered to have abandoned their Green Card.
Impact of travel during Green Card application processing: If you're in the process of adjusting your status to a Green Card holder and you travel outside the U.S. while your application is pending, you may inadvertently cancel or delay your case. In some instances, traveling without proper documentation (such as an Advance Parole) can result in the rejection of your application or the abandonment of your petition.
The impacts of travel restrictions on Green Cards are complicated which is why an immigration lawyer is recommended for help.
How Do Travel Restrictions Affect Green Card Applicants?
Travel restrictions are especially important for individuals applying for a Green Card, whether they’re adjusting their status within the U.S. or going through consular processing from abroad. These restrictions can significantly delay or even derail the immigration process, so it’s important to understand their potential impact before making any travel plans. For individuals applying through consular processing—where the Green Card application is handled at a U.S. consulate in their home country—travel restrictions can impact the application timeline.
The U.S. government may impose travel bans or delays in processing due to political situations, health crises, or diplomatic tensions, which could prevent an interview from taking place or delay the issuance of a visa.
Furthermore, for individuals awaiting their Green Card interview, traveling abroad before receiving approval or obtaining an official re-entry permit can lead to complications. Without the proper travel documentation, such as Advance Parole, their re-entry into the U.S. could be denied, which might result in the refusal of their visa or Green Card application.
In recent years, global events like the COVID-19 pandemic have introduced additional travel bans and restrictions, further complicating Green Card processing. These restrictions, including lockdowns and travel bans affecting applicants from specific regions, have delayed processing times, making it difficult for applicants to attend interviews or receive approvals.
Additionally, for those who have accumulated unlawful presence in the U.S., leaving the country could trigger a bar to re-entry. If someone has overstayed a visa or entered the U.S. unlawfully, traveling outside the country might prevent them from returning for a specified number of years.
In such cases, travel restrictions are particularly critical, and applicants may need to seek a waiver or face additional legal hurdles before they can complete their Green Card application. An experienced immigration lawyer can help guide individuals through these challenges and advise on the next course of action to avoid these complications.
How Can Advance Parole Help Green Card Applicants?
Advance Parole is a critical document for Green Card applicants in the U.S. who need to travel internationally while their application is pending. Traveling without it can be risky, potentially causing delays or even resulting in the application being considered abandoned.
Advance Parole allows applicants to travel abroad and return to the U.S. without interrupting their Green Card process. This document is issued by U.S. Citizenship and Immigration Services (USCIS) and make sure that applicants can re-enter the U.S. without abandoning their application.
However, it’s important to note that Advance Parole doesn’t mean re-entry. If there are issues with the applicant's Green Card application or other legal complications, they may still be denied re-entry, even with Advance Parole. Additionally, this document doesn’t allow re-entry if the applicant has overstayed a visa or violated any other immigration laws.
To obtain Advance Parole, applicants must file Form I-131, Application for Travel Document, and submit supporting documentation. An experienced immigration lawyer can help guide applicants through the process and make sure all necessary steps are taken to avoid complications.
Travel Restrictions and the Naturalization Process
Travel restrictions can also affect individuals applying for naturalization, or U.S. citizenship. To be eligible for citizenship, an applicant must meet certain residency requirements, which typically include continuous residence in the U.S. for a specified period of time.
Here’s how travel restrictions can impact naturalization applications:
Impact on continuous residence requirements: U.S. citizenship applicants must maintain continuous residence in the U.S. for at least five years (three years for spouses of U.S. citizens). If you travel outside the U.S. for an extended period, especially for over six months, it could break your continuous residence requirement, and you may need to start the process over again. It’s important to track the amount of time you spend outside the U.S. to avoid this issue.
Re-entry permits: If you're applying for citizenship and need to travel abroad, you may be eligible for a re-entry permit. This document allows you to travel abroad for up to two years without interrupting your naturalization process. A re-entry permit is particularly important for permanent residents who have concerns about the impact of extended travel on their naturalization application.
If you're uncertain about how travel restrictions may affect your naturalization application, consulting with an experienced immigration lawyer can help make sure that you stay on track and avoid any setbacks in your path to citizenship.
How Travel Restrictions Impact Green Card Renewals
Even after obtaining a Green Card, travel restrictions can still cause complications, particularly if you're planning to travel abroad for extended periods. Green Card holders are required to periodically renew their cards to maintain valid status, and failure to meet certain residency requirements can delay or prevent the renewal process.
One significant issue is the residency requirement for renewal. To renew your Green Card, you must prove that you've maintained continuous residence in the U.S. If you travel outside the country for extended periods, immigration authorities may question whether you've abandoned your permanent residency status, making it more difficult to renew your Green Card.
Traveling abroad with an expired Green Card can present significant challenges. Without proper documentation, like a re-entry permit, you may face difficulties returning to the U.S., potentially causing delays in the renewal process or even denial of re-entry.
To avoid these issues, it's crucial to be aware of the rules surrounding residency and re-entry. An experienced immigration lawyer at PVB Law LLC can help guide you through the process and make sure you meet the necessary requirements to maintain your Green Card status.
Contact Us Today
Travel restrictions can significantly impact Green Card holders and applicants, making it essential to understand the rules and consequences of traveling while in the process of obtaining or renewing your Green Card. At PVB Law LLC, we provide comprehensive guidance for individuals facing travel restrictions while going through the immigration process. If you’re in Augusta, Georgia, Atlanta, Georgia, or anywhere in between, contact our immigration lawyer today.