Can You Leave the US While Waiting for a Green Card?
Get the facts on the rules and implications, and learn how to ensure a hassle-free return when you come back.
Over 500,000 US Permanent Resident Green Cards are issued to temporary residents of the United States each year through a process known as adjustment of status.
The entire Green Card application procedure can be lengthy and many immigrants wonder if it is permissible for them to travel outside of the United States while USCIS is processing their case.
This article will answer common questions that people have about traveling outside of the United States while their Green Card application filed from within the USA is pending.
Table of Contents
What Is My Status While I Wait for the Green Card?
In order to apply for adjustment of status while living in the USA as a temporary legal resident, you must first file the relevant petition with US Citizenship and Immigration Services (USCIS).
Once USCIS approves the petition, then you can file the Form I-485 (Application to Register Permanent Residence or Adjust Status).
Please note that the adjustment of status process for a family member of a US citizen or permanent resident generally takes less time than for other Green Card categories for which the applicant may have to wait until a Green Card is available before filing the Form I-485.
After you have filed the Form I-485, you can check the status of your application on the USCIS Case Status Online webpage, using your Form I-485 receipt number.
In regards to your immigration status while you wait for your adjustment of status to US permanent resident to be processed, it will generally remain the same until USCIS approves your Green Card.
For example, if you are legally living in the USA as a temporary foreign worker with H-1B status, you will continue to have H-1B status while you wait for USCIS to make its decision about issuing you a US Permanent Resident Green Card.
Traveling While Your Green Card Application Is Pending
Another potential consequence of traveling outside of the United States without a Green Card is not being allowed to re-enter the USA.
An American citizen and a US Permanent Resident Green Card holder cannot be denied entry into the United States; however, a non-immigrant temporary legal resident can be denied entry to the USA by the Customs and Border Protection (CBP) officer for a variety of reasons.
For example, if you are a non-immigrant temporary legal resident of the United States with a valid US visa and pending Green Card application and you travel outside of the USA with an advanced parole travel document, it is the CBP officer’s decision at the port of entry as to whether to permit you to re-enter the United States.
Furthermore, if USCIS requests certain documents from you or schedules a meeting with you during your trip outside of the United States, you might not be able to comply with the request on time and this could delay or jeopardize your application for a Green Card.
These are additional reasons why it is recommended not to leave the US while your adjustment of status application is pending.
What Happens if You Leave the Country during the Green Card Process?
If you leave the United States during the Green Card process, you risk:
- being considered as abandoning your Green Card (adjustment of status) application
- being denied re-entry into the United States (this is the decision of the CBP officer)
- not being able to provide additional documents or attend a meeting if requested by USCIS
Therefore, if you must leave the US (for example, for family or business purposes) while your Green Card application is still pending, you need to apply for and receive an advanced parole travel document from USCIS before you leave (unless you are exempt from this requirement, such as an H-1B Visa holder).
Can I Travel after Filing the U.S. Citizenship Application?
As a permanent resident of the United States (i.e., Green Card holder), you are allowed to travel outside of the USA and return to the US, including after you have filed the Form N-400 (Application for Naturalization) to become an American citizen.
Keep in mind, however, that you must reside within the United States for a cumulative yearly total of at least 180 days in order to satisfy the requirement for continuous residence in the US.
Consequently, if you are outside of the USA for more than 180 days in a year while your N-400 US citizenship application is pending, you will not meet the requirement for continuous residency in the United States and your US citizenship application could be denied.
Another consideration is that you might not be able to attend a naturalization appointment if it is scheduled while you are traveling outside of the United States.
In short, a US Green Card holder can travel outside of the United States while his or her American citizenship application is pending; however, it is crucial:
- not to be outside of the US for more than a cumulative total of 180 days in a year; and
- not to miss a naturalization appointment if one is scheduled while you are abroad.
Final Words
More than half a million people from around the world who are living in the USA as temporary legal residents become US Permanent Resident Green Card holders every year through adjustment of status.
Although it can be a lengthy and complex procedure, the fact that so many temporary legal residents of the United States become US permanent residents should be encouraging!
There may be occasions during the Green Card application process when you need to travel outside of the United States (e.g., for family reasons, business trips, etc.), therefore:
- Make sure you have permission to leave the US if required.
- Get an advanced parole travel document if needed.
- Don’t stay outside of the US more than 180 days in the year.
- Check if USCIS requests documents or schedules an appointment.
If you do not need to travel outside of the USA while your Green Card application is pending, then it is recommended not to do so.
There are many benefits of becoming a US Permanent Resident Green Card holder including:
- Living in the USA in any of the 50 states for an unlimited amount of time
- Working in the United States legally (millions of US jobs are available)
- Studying at world-class education programs in the United States
- Experiencing equality and freedom in America protected by law
- Having the opportunity to buy a home and start a business in the US
- Sponsoring family members for a US Permanent Resident Green Card
- Traveling to and from the United States
- Enjoying beautiful beaches, forests, mountains, lakes and other US scenery
- Gaining access to a wide variety of consumer products and services
- Applying to become an American citizen after living in the US for 5 years
USAFIS makes it easy for you to discover your best option to live in the USA, either as a temporary legal resident (for example, with a US Work Visa) or as a Permanent Resident Green Card holder.
To receive your US Visa Assessment, click here!
Frequently Asked Questions (FAQ’s)
Can I travel while I wait for my Green Card renewal?
Yes, as a permanent resident of the United States, you can travel outside of the USA while you wait for the renewal of your Green Card, which must be done every 10 years. It is best to apply for your Green Card renewal about 6-7 months in advance so that you ideally receive your new Green Card before the old one expires. In the event that your Green Card expires while you are traveling outside of the United States and you already applied for renewal, you will still be a US permanent resident; however, you may experience difficulty re-entering the USA without a valid Green Card. In this scenario, you should contact the US Embassy or Consulate in the country where you are residing or contact the USCIS office or contact the port of entry where you plan to re-enter the USA prior to departing for the United States.
Can I leave the country while waiting for permanent residency?
Yes, depending on your immigration status, you can generally leave the USA while waiting for permanent residency through adjustment of status; however, it is recommended not to do so unless it is absolutely necessary, and if you do travel outside of the US, you will normally (with some exceptions) need to get an advanced parole travel document before you depart. If you leave the US without an advanced parole travel document (unless otherwise authorized), you may be considered to have abandoned your Green Card application (which could be denied), plus you might not be able to provide additional documents or attend a scheduled meeting if requested by USCIS.
Can you travel while applying for a Green Card?
Yes, depending on your immigration status in the United States and the rules regarding leaving the US, you can generally travel outside of the USA while applying for a Green Card through adjustment of status; however, it is recommended not to do so unless it is truly necessary, because it could hinder or jeopardize your Green Card application process. For example, you must have authorization to leave and re-enter the USA and you do not want traveling outside of the US to prevent you from sending additional documents or attending a scheduled meeting if requested by USCIS.
Can I travel while Green Card is pending?
Although you can travel outside of the US while your Green Card is pending, it is wise not to do anything that could possibly jeopardize becoming a permanent resident of the United States. If you do travel outside of the USA while your Green Card is pending (for example, on business or for family reasons), make sure you have authorization to leave and re-enter the United States, such as by obtaining a travel document before you depart. It is possible that USCIS could request additional documents or schedule an appointment while you are outside of the United States, so you may need to consider how you can meet such requests on time so you do not jeopardize your Green Card application.
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