John Valdez’s Legal Blog

For many non-citizens, it is much easier to leave the U.S. than it is to return.  Because many non-citizens are not aware of the many possible issues related to travel, they should obtain legal advice before booking a plane ticket.

Even if the United States Citizenship and Immigration Services (USCIS) issues you a travel permit, you should ask an immigration attorney if travel is recommended.  Many people seeking a green card obtain advance parole when applying for adjustment of status.  The USCIS does not analyze if travel is problematic when issuing these documents; they simply issue the travel document.  If a non-citizen is barred from reentry because of prior unlawful status or a previous conviction, the advance parole document will offer no protection to the individual.  In some cases, the traveler will not be allowed to return to the United States for ten years.

Permanent residents also must understand the potential consequences of travel.  For example, when permanent residents leave the United States for longer than six  months, the USCIS will sometimes seek to terminate their green card status on the basis that they abandoned their residence in the United States.  A trip of one year will automatically terminate green card status, unless the traveler has obtained a reentry permit. 

For those contemplating naturalization, an immigration attorney can help formulate a strategy for a frequent traveler to meet the physical presence and continuous residence requirements for citizenship. 

The above travel concerns touch on just a few of the many possible travel issues for non-citizens.  The immigration attorneys at Garg & Associates, PC can answer your travel questions or any other immigration concerns you may have.