Employment-Based Green Card Pending? Here’s What to Know Before You Travel

If you have an employment-based green card pending, you may be wondering if you can travel outside the United States. The short answer is yes, you can travel, but there are a few things you should know before you go.

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Introduction: Employment-Based Green Card Pending?

If you are in the process of applying for an employment-based green card, you may be wondering if you can travel outside the United States during the pendency of your application. The short answer is maybe. It depends on a few factors, including the type of visa you currently have and whether or not you have filed for a “Advance Parole” document with U.S. Citizenship and Immigration Services (USCIS).

If you are currently in the United States on a valid nonimmigrant visa (such as an H-1B visa), and you have not filed for advance parole, then you will need to obtain a new visa from a U.S. consulate or embassy before departing the United States. If your green card application is pending, USCIS will generally not issue you a new visa. However, there are some limited exceptions, such as if you need to travel for an emergency.

If you have filed for advance parole, USCIS will issue you a document that allows you to reenter the United States after traveling abroad. Advance parole is generally only granted in cases where the individual has a pending asylum application or is participating in certain humanitarian programs. Even if you have been granted advance parole, however, it is important to note that it does not guarantee entry into the United States – Customs and Border Protection (CBP) officials will still make the final decision about whether or not to admit you at the port of entry.

Additionally, even if you are able to obtain a new visa or are granted advance parole, traveling outside the United States can affect your green card application in other ways. For example, if USCIS determines that you have abandoned your green card application by leaving the country, they may deny your application outright. Furthermore, if your green card application is approved while you are abroad, it can be difficult to make arrangements to pick up your actual green card from a U.S consulate – meaning that you may need to wait until you return to the United States before finalizing the process.

Therefore, it is always advisable to consult with an experienced immigration attorney before making any decisions about traveling outside the United States while your employment-based green card application is pending.

What is an employment-based green card?

An employment-based green card (also known as an EB-2 visa) is a United States visa that allows skilled workers to live and work in the country on a permanent basis. It is available to foreign nationals who have been offered a job in the United States that meets certain criteria, and who can demonstrate that they have the skills and qualifications to fill the position.

Who is eligible for an employment-based green card?

If you are in the process of obtaining an employment-based green card, you may be wondering if you are eligible to travel while your application is pending. The answer is yes, but there are a few things to keep in mind before you book your trip.

First, you will need to have a valid passport and obtain a travel visa if you are traveling to a country that requires one. You can apply for a travel visa at the U.S. embassy or consulate in the country you are visiting.

Second, if your employer has filed an Application for Permanent Employment (Form I-140) on your behalf, you must have an Approval Notice from the U.S. Citizenship and Immigration Services (USCIS) before you can apply for a green card. If your I-140 has been approved, you will need to obtain an Employment Authorization Document (EAD) from USCIS before traveling.

Finally, it is important to keep in mind that traveling while your green card application is pending may delay the processing of your application or result in its denial. Therefore, it is generally advisable to consult with an experienced immigration attorney before making any travel plans.

The employment-based green card process

The employment-based green card process is a long and complicated one, with many different steps and requirements. If you’re in the process of applying for an employment-based green card, you may be wondering if you’re allowed to travel while your application is pending.

The short answer is yes, you are allowed to travel while your employment-based green card application is pending. However, there are a few things you need to keep in mind before you travel.

First and foremost, you must have a valid passport and a valid visa in order to leave the country and re-enter. Your visa must be valid for the entire duration of your trip; if it expires while you’re away, you will not be able to re-enter the United States.

Secondly, you must have what is known as an Advance Parole document in order to return to the United States after traveling abroad. This document essentially gives you permission to return to the United States temporarily for humanitarian or educational purposes. Without an Advance Parole document, you will not be allowed back into the country.

Finally, it’s important to note that traveling while your employment-based green card application is pending does not necessarily mean that your application will be delayed or denied. However, it’s always a good idea to consult with an experienced immigration attorney before making any decisions about traveling while your application is pending.

What are the benefits of an employment-based green card?

If you are in the process of obtaining an employment-based green card, you may be wondering what benefits come along with this status. An employment-based green Card allows the holder to live and work permanently in the United States. This status also confers certain other rights and privileges, such as the ability to travel freely in and out of the country.

There are a few things to keep in mind if you are planning to travel while your green card application is pending. First, it is important to note that your application for a green card does not guarantee that you will be granted entry into the United States. You will need to obtain a separate travel document, known as a advance parole document, before leaving the country. This document can take several months to obtain, so it is important to plan ahead if you are considering travel.

Once you have been granted an employment-based green card, you will have the right to live and work permanently in the United States. You will also be able to apply for citizenship after five years, as long as you meet certain eligibility requirements. Having an employment-based green card gives you many opportunities to build a life in the United States.

What are the risks of traveling with an employment-based green card pending?

There are a few risks associated with traveling while your employment-based green card application is pending. First and foremost, if you leave the country while your application is pending, you may be considered to have abandoned your application altogether. Additionally, if your application is denied while you are outside of the country, you will likely be unable to return to the U.S. without first obtaining a new visa. Finally, traveling on an employment-based green card that is pending can complicate things if you are also applying for a family-based green card; it is best to consult with an experienced immigration attorney before making any travel plans.

How to minimize the risks of traveling with an employment-based green card pending

If you have an employment-based green card pending, you may be considering traveling outside the United States. While it’s generally advisable to avoid travel while your green card is pending, there are some circumstances in which travel may be necessary. If you do need to travel, there are some steps you can take to minimize the risks.

First, check the processing time for your green card category on the USCIS website. If your application is within the normal processing time, it’s unlikely that USCIS will have any objection to your travel. However, if your application is outside of the normal processing time, it’s a good idea to check with USCIS before you travel to make sure that they don’t have any objections.

Second, make sure you have all of the required documents for travel with you when you go. This includes your passport, I-94 (if you’re coming from another country), and a copy of your approved I-485 (if you have one). You should also have a letter from USCIS authorizing you to travel, if possible.

Third, be prepared for delays at the border. It’s possible that USCIS will want to ask you questions about your green card application when you return, so be sure to have all of your documents in order and be prepared to answer any questions they may have.

Finally, keep in mind that traveling while your green card is pending carries some risks. There is always a chance that USCIS could deny your application if they feel that you pose a risk of absconding or if they believe that you might not return to the United States after your trip. If possible, it’s always best to avoid traveling while your green card is pending.

Conclusion: Employment-Based Green Card Pending?

If you are an employment-based green card applicant who is awaiting a decision on your application, you may be wondering if you are allowed to travel during the pendency of your case. The answer to this question depends on a few factors, including your current immigration status, the type of travel you are planning to do, and whether or not you have obtained advance permission to travel.

Generally speaking, if you are currently in the United States on a valid nonimmigrant visa, such as an H-1B visa, you should be able to travel abroad and reenter the United States without any problems. However, if your green card application is pending and you do not have a valid nonimmigrant visa, you will need to obtain what is known as advance parole before leaving the United States.

Advance parole is essentially permission from USCIS to leave the United States and return before your green card has been approved. To obtain advance parole, you will need to file Form I-131 with USCIS. If your application is approved, USCIS will issue you a document called an “Advance Parole Document” which you can use in lieu of a valid visa when travelling back to the United States.

It is important to note that even if you have obtained advance parole, there is always the possibility that USCIS could revoked your parole at any time – even while you are in transit. Therefore, it is always best to check with USCIS before making any travel plans.

Frequently Asked Questions about Employment-Based Green Cards

As you wait for your employment-based green card, you may have questions about what you can and cannot do. Here are answers to some frequently asked questions that may help.

Q: Can I travel outside the United States while my employment-based green card is pending?
A: Generally, yes. If you are a lawful permanent resident (LPR) or have a valid advance parole document, you can return to the United States after traveling abroad.

Q: Do I need a visa to travel?
A: It depends. If you are a citizen of a country that has a visa waiver agreement with the United States, you may be able to travel without a visa. If you are not a citizen of a country with a visa waiver agreement, or if you plan to stay in the United States for more than 90 days, you will need to obtain a visa before traveling.

Q: Can I work while my employment-based green card is pending?
A: Yes, as long as you have an authorized Form I-485 pending with USCIS and you have not been notified that your application has been denied. You should carry your employment authorization document (EAD) with you when seeking employment or when traveling outside the United States and returning on an EAD.

Q: Can I study while my employment-based green card is pending?
A: Yes. There is no restriction on studying while your employment-based green card is pending. In fact, many people use this time to further their education or learn new skills that will help them in their career.

Resources for Employment-Based Green Card Holders

If you are an employment-based green card holder, you may have heard that it is possible to travel while your green card is pending. While this is true, there are a few things you should know before you travel.

First, it is important to understand that your green card is not actually issued until you have completed the medical examination and interview process. This means that if you travel outside of the United States before your green card has been issued, you will not be able to return to the United States until your green card has been issued.

Second, even if your green card has been issued, you may still need to obtain a visa in order to return to the United States. This is because the validity of your green card may be limited by the dates on which you entered the United States and completed your medical examination and interview.

Lastly, if you are planning to travel while your employment-based green card is pending, it is important to consult with an experienced immigration attorney before you leave. An attorney can help you understand the risks involved in traveling while your green card is pending and can provide guidance on what steps you need to take in order to ensure that you will be able to return to the United States without any problems.