Can I travel abroad while my green card renewal is pending?
Traveling with an expired green card and a pending renewal application (Form I-90) can be tricky. Here’s a breakdown of the situation and your options:
Challenges:
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Expired Green Card: It’s generally not considered a valid travel document, potentially causing issues re-entering the U.S.
Possible Solutions:
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Reentry Permit (Form I-131) or Refugee Travel Document (Form I-131): Apply for one of these temporary travel documents before your trip. They allow lawful permanent residents to return to the U.S. after temporary travel abroad.
Important Note: Advance Parole (Form I-131) for travel with a pending green card renewal (I-90) is typically not available, unless you have another immigration benefit application pending concurrently (like adjustment of status).
Re-Entry Considerations:
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Renewal Evidence: Be prepared to show proof of your pending renewal application (USCIS receipt notice, Form I-797C) at re-entry.
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CBP Discretion: Customs and Border Protection (CBP) officers have the authority to decide whether to admit you on a case-by-case basis.
Potential Risks:
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Abandonment of Status: Extensive travel while your renewal is pending could raise concerns that you’re abandoning your permanent resident status.
Recommendation:
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Consult an Attorney: If extensive travel is necessary, seek advice from an immigration attorney to understand potential implications for your status.
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Consult an expert: on us immigration consultants can help you with your process.
Final Thought:
Weigh the risks and benefits carefully before traveling with an expired green card and a pending renewal. Consider consulting an immigration professional for personalized guidance based on your specific circumstances.
