A Green Card is a document issued by the U.S. government to foreign nationals that lets them live and work in the United States permanently. It is also known as a Permanent Resident Card.
A Green Card holder is considered a lawful permanent resident (LPR) of the United States. They enjoy many of the same rights and benefits as U.S. citizens, such as working legally, starting a business, buying property, and traveling freely within the country. They may also qualify for government benefits like Social Security and Medicare.
However, there are some rights and privileges that only U.S. citizens have, such as the right to vote in federal elections, serve on a jury, and hold certain government positions.
In terms of travel without a green card, a lawful permanent resident can travel outside of the United States without a Green Card. Still, they must present other documents, such as a valid passport from their home country and a reentry permit from the United States Citizenship and Immigration Services (USCIS).
It is important for LPRs to carefully follow the rules and requirements for travel outside of the United States to avoid losing their status as lawful permanent residents.
Can I Travel Outside the United States If My Green Card Application is Pending?
If you have a pending Green Card application, there are restrictions on your ability to travel outside of the United States. Specifically, if you leave the country while your application is pending, you risk being considered to have abandoned your application.
To avoid this, you need to get a travel document called an Advance Parole Document (APD) from the United States Citizenship and Immigration Services (USCIS) before leaving the United States. An APD allows you to travel outside the country while your application is pending without abandoning your application.
However, obtaining an APD does not guarantee that you will be allowed to re-enter the United States. Customs and Border Protection (CBP) officers can deny admission to anyone, including individuals with an APD. To minimize the risk of denial, it is recommended that you carry documentation proving your ties to the United States, such as a lease or mortgage agreement, bank statements, or proof of employment.
It is also important to note that the rules and requirements for traveling while your Green Card application is pending can change, and it is always a good idea to consult with an immigration attorney to learn about temporary green card travel restrictions before making any travel plans.
How Do I Apply for Emergency Advance Parole?
Emergency Advance Parole is a travel document allowing certain individuals to leave and re-enter the United States in emergencies while their Green Card application is pending. It is typically reserved for urgent, unforeseen circumstances such as a medical emergency or the death of a family member.
To apply for Emergency Advance Parole, you must file Form I-131, Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS). In addition to the regular application requirements, you must provide evidence of the emergency, such as a doctor’s or funeral director’s letter.
It is important to note that Emergency Advance Parole is not automatically granted, and the USCIS can deny your application. Additionally, if your Green Card application is denied while outside the United States, you may not be allowed to re-enter the country.
What If I’m a Permanent Resident But I Don’t Have my Green Card?
If you are a permanent resident of the United States but do not have a Green Card, several options are available.
- Contact USCIS: If you have not received your Green Card within a reasonable amount of time, you can contact the United States Citizenship and Immigration Services (USCIS) to inquire about the status of your application. You can call the USCIS Contact Center at 1-800-375-5283 or schedule an InfoPass appointment to speak with a USCIS officer in person.
- File Form I-90: If your Green Card was lost, stolen, or destroyed or contains incorrect information, you can file Form I-90, Application to Replace Permanent Resident Card, with the USCIS. This form will allow you to request a replacement Green Card.
- Use your I-551 stamp: If you have a valid I-551 stamp in your passport, this serves as temporary evidence of your permanent residency status. This stamp is usually issued when you enter the United States as a permanent resident or when you apply to replace a lost or stolen Green Card. The I-551 stamp is valid for one year and can be used for employment verification and other purposes.
- Obtain a transportation letter: If you need to travel outside of the United States and do not have your Green Card, you may be able to obtain a transportation letter from the USCIS. This letter shows your permanent residency status and allows you to re-enter the United States.
While these options are available, having a valid Green Card is always best. If you have any concerns or questions about your permanent residency status or your Green Card application, it is recommended that you speak with an immigration attorney for guidance.
If I Lost My Green Card Can I Still Travel?
If you lost your Green Card, you could still travel outside of the United States, but you will need to obtain a temporary travel document called an I-131 Re-entry Permit or an I-551 stamp in your passport to re-enter the United States.
The I-131 Re-entry Permit allows a Green Card holder to travel outside the U.S. for up to two years without abandoning their permanent resident status. The I-551 stamp is temporary evidence of your permanent residency status and is valid for one year.
To obtain an I-131 Re-entry Permit or an I-551 stamp, you must file Form I-131 or visit a U.S. embassy or consulate abroad. You must provide evidence of your permanent residency status, such as a copy of your lost or stolen Green Card and proof of your travel plans.
If you do not obtain the appropriate travel documents, you risk being denied re-entry to the United States, which could lead to the loss of your permanent residency status.
What Are the Consequences of Traveling Without Appropriate Travel Documents?
If you travel outside of the United States without appropriate travel documents, you risk being denied re-entry to the United States and losing your permanent resident status. This can have severe consequences, including deportation, exclusion from the United States, and difficulty re-entering the country.
In addition, traveling without appropriate documents can result in delays and difficulties in obtaining new travel documents and may negatively impact your ability to obtain U.S. citizenship.
Do I Need to Hire an Immigration Lawyer?
If you have any questions or concerns regarding your immigration status or travel documents, it is highly recommended that you speak with an experienced immigration attorney. Immigration laws and regulations can be complex and subject to change, so working with an attorney who can provide you with up-to-date and accurate information is important.
An immigration attorney can guide you on the best course of action for your situation and assist you with filing the necessary paperwork and documentation. They can also help you understand the potential risks and consequences of traveling without appropriate travel documents or other immigration violations.
