Immigrants & Immigration

Travel may cause severe immigration issues, including abandonment of status and self-deportation. Non-citizens should carefully consider travel if they are:

• Currently awaiting approval for immigration applications or change in status,
• Currently involved in immigration or removal proceedings, or
• Currently involved in an ongoing criminal case (victim, accused, witness).

If a non-citizen is involved in any of the above issues, they should speak to an immigration lawyer before travel. People with criminal or immigration court history should contact a lawyer before making any decisions.

LPRs can generally travel abroad as long as they possess a valid green card and passport from their country of citizenship. They also need any documents needed to leave the country they are traveling to. There are several scenarios LPRs should consider when deciding to travel abroad:

• If a LPR stays outside of the US for more than one year or indicates that they do not intend to reside in the US, their green card can be revoked.
• If the trip abroad lasts longer than six months, LPRs should file for a reentry permit under Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records to ensure a smooth return. This form can also be used to file for advance parole and other types of travel documents.
• If the trip will last longer than two years, the LPR should file for a SB-1 returning resident visa. This is filed with the Department of State, not the Department of Homeland Security.
• Trips longer than six months typically disrupt the continuous residence requirement for naturalization. Certain LPRs can preserve their continuous residence by filing a Form N470, Application to to Preserve Residence for Naturalization Purposes.

While trips aren’t always problematic, officers have discretion in what factors to consider when letting someone back into the US.

LPRs make their intention to return to the US clear. Some ways to do this include:

• Keeping contact with US family and community ties,
• Maintaining US employment,
• Filing US income taxes as a resident,
• Maintaining a US mailing address,
• Keeping US bank accounts active,
• Owning property or running a business in the US.

When traveling, LPRs should consider bringing evidence that supports the temporary nature of their absence. This is in case US Customs and Border Protection (CBP) questions them when they try to return.

If, while abroad, someone’s green card is destroyed, they should file a Form I-131A, Application for Travel Document. When this form is approved, it will allow travel companies to let the LPR travel with them to the US to do so without being penalized. The LPR will show their approved Form I-131A to the airline, boat, or at the land point of entry. This form does not replace their green card. To get a new card, they must file a Form I-90, Application to Replace Permanent Resident Card (Green Card).

Advance parole means a person has permission from the US government to re-enter the country after a trip abroad. Even if a person has an approved advance parole, they can still be denied reentry at the discretion of immigration officials. This is generally rare, but not impossible.

A person who wants advance parole must request it, and it must be granted before they leave the US. They must file Form I-131. It can be filed online or by paper. It costs $630 filing fee to file by paper and $580 to file online. The processing times for this form can range from as little as six months and up to two years. Any travel plans should be made in advance. Form I-131s can be used only valid for limited periods of time, typically one, two, or five years.

As of July 2025, a person returning from abroad while using advance parole may need to pay a $1000 fee to CBP. This is a separate fee from the Form I-131 filing fee.

Refugees, asylum seekers, Temporary Protected Status (TPS) recipients, and Deferred Action for Childhood Arrivals (DACA) recipients can all use Form I-131 to request advance parole. People should make decisions to travel with great caution as immigration officials reserve the right to deny reentry even with advance parole. Talk to an immigration lawyer and develop a plan in the case you are unable to reenter.

It is highly recommended that asylum seekers and refugees do not travel out of the US at this time. They should only travel if they absolutely need to and are willing to risk not being permitted back into the country. 

To travel out of the country as a refugee or asylum seeker one will have to file for a Form I-131. When approved, they will get advance parole. This form can take between a couple months to a year to process, so travel plans should be made well in advance.

If an asylum seeker or refugee travels to their home country, they can seriously jeopardize their ability to return. Asylum seekers and refugees have claimed they deserve to stay in the US because they fear persecution in their home country. If they return to their home country, the US government will likely question why they were granted asylum or refugee status. This is likely to lead to being prevented from coming back into the US and loss of refugee status.

If a refugee or asylee has a pending green card application, leaving the country will be considered abandoning the application. It is highly recommended to stay in the US while any immigration proceedings are underway.

Travel as a TPS recipient is possible but is a decision that should be made with care. To travel with TPS, one will need to file a Form I-131. If their application is approved, the TPS holder will get a TPS travel authorization document.

If someone has a pending TPS application, they will need to file for advance parole using Form I-131. However, travel out of the country is strongly discouraged when someone has a pending application since they might miss important proceedings. Additionally, immigration officers can deny reentry without notice, even with advanced parole.

DACA recipients must have valid DACA status and advance parole to travel abroad and return to the US. If a person has a pending DACA application and travels, they will have abandoned their application and will be denied entry to the US. If a person’s DACA status expires while abroad, they will not be able to be let back in even if they have advance parole.

It is illegal to enter, stay in, or leave the United States without documentation. Any cross border travel should be avoided. A person could be banned from the US if they leave the country after being present unlawfully for a certain amount of time. Being banned means not being allowed to re-enter the US for a certain amount of time. No visas or other immigration benefits will be granted during that time.

Three-Year Bans: If a person has been unlawfully present in the US between 180 days and one year, they are banned from coming back to the US for three years. The three years begins when they leave the country. People who voluntarily left the country prior to removal proceedings, including expedited removal proceedings, are also banned for three years.

Ten-year bans: If a person has been unlawfully present in the US for one year or more, and they leave, they will be banned from US for ten years. This ten-year ban also applies to people who left or were deported from the US.