Can I Travel Overseas While My Immigration Case is Pending?
Can I Travel Overseas While My Immigration Case is Pending?
If you’re wondering if you can travel overseas while your immigration case is pending, the answer is yes, but only if you have the proper permission from the federal government. Without it, even a short trip could result in serious consequences, including the denial of your application.
What Type of Permission Do I Need?
In most cases, you will need a government-issued travel document. This could be:
Advance Parole
Reentry Permit
Other official travel authorization
Without one of these documents, leaving the U.S. can be considered abandonment of your pending immigration application. That means you may not be allowed to reenter the country, even if you’ve already submitted everything properly.
What If My Green Card Application Is Pending?
Many people assume they can travel freely once they’ve applied for a green card. Unfortunately, that is not true. If you're planning to travel with a pending green card application, you must first obtain Advance Parole. Otherwise, traveling abroad could automatically cancel your application.
Are Quick Trips to Canada or Mexico Safe?
Short answer, no. Even though Canada and Mexico are nearby, they are still outside of the United States. That means any international trip, no matter how short or close, still requires proper documentation.
On the other hand, if you’re traveling to:
Alaska
Hawaii
Puerto Rico
You’re still within the United States, so you don’t need special travel authorization. However, for any domestic flights, be sure to carry a Real ID or valid passport to get through airport security.
What If I Have a Criminal Case Pending?
If you’re involved in a criminal case of any kind, do not travel overseas, even if you’ve been given travel permission. Reentry into the U.S. may be denied, and you could end up stuck outside the country with your immigration status at risk.
Always Speak to Your Immigration Attorney First
At MLO Law, we help clients avoid costly mistakes like traveling without proper documentation. Before you leave the country for any reason, speak to your immigration attorney. A quick conversation could save your entire case.
Next Steps
Understanding the answer to the question: “can I travel overseas while my immigration case is pending?” can protect you from avoidable setbacks and help you plan smarter.
Want more practical tips about immigration law and travel risks? Explore other helpful posts right here on our blog. If you need help, give us a call at (314) 932 7111.