Spring Break is approaching, and many families are planning trips to visit loved ones or just take a break. However, for people who are in the middle of an immigration process, traveling can involve additional risks and considerations.
At Rivas & Associates, we want our community to be informed and prepared before making travel decisions. Below, we share some important recommendations depending on your immigration status.
Pending Immigration Case
If you have a pending case but do not have parole, leaving the United States could have serious consequences.
- In many cases:
- Leaving the country can be considered abandonment of the case. You could face difficulties returning to the United States.
- Even for domestic travel, people with pending cases should exercise caution and carry documentation to support their process.
- Useful documents you might bring if you decide to travel include:
- USCIS receipts
- Work permit (if applicable)
- Valid ID
- Your Attorney’s Contact Information
Advance Parole
If you have Advance Parole, you may be able to travel outside the United States and return while your case is pending. However, it is important to note the following:
- Keep in mind that re-entry into the country may involve an approximate cost of $1,000, depending on the circumstances of your case.
- Advance Parole does not guarantee entry into the United States. The final decision is made by the Customs and Border Protection (CBP) officer at the time of return.
- Always travel with all your immigration documentation, including:
- Your Advance Parole document
- Copies of receipts for your pending case
- Valid ID
- Before traveling, it is advisable to consult with an immigration attorney.
Undocumented Status
It is important to understand that traveling without immigration status involves significant risks. Recently, we’ve seen an increase in reports of people being detained at airports during domestic flights, especially when questions arise about their identification or immigration status.
Although many people travel within the country without problems, there is no guarantee of safety if you do not have legal status. Before traveling, it is important to carefully assess the risks.
Recommendations For Travel
Regardless of your immigration status, it is important to take certain precautions:
- Always have copies of your immigration paperwork, ID, and your attorney’s contact information.
- Tell a family member or trusted person about your itinerary.
- Have an emergency plan and make sure someone knows how to contact your lawyer if any problems arise.
- Save your lawyer’s number, have it saved on your phone, and in writing.
- Know your rights if you are questioned by authorities and remember that you have the right to remain silent and to ask to speak to a lawyer.
If you are in doubt, check before you travel. Every immigration case is different. What may be safe for one person could create complications for another. Before making travel plans, it is best to consult with an immigration attorney who can assess your specific situation.
At Rivas & Associates, our goal is to help families make informed decisions and avoid unnecessary risks during an immigration process.
If you have questions about traveling while your immigration case is pending, you can contact our team at (844) 37-RIVAS for guidance on your specific situation. Stay informed, take precautions, and enjoy your Spring Break responsibly.
Frequently Asked Questions (FAQ)
- Can I leave the United States if my immigration case is still pending?
- In many cases, leaving the United States while your immigration process is pending can cause problems if you do not have a travel permit like Advance Parole. Traveling without authorization can cause your application to be considered abandoned and could make it difficult for you to return to the country. It is advisable to speak with an immigration attorney before planning an international trip.
- Is it safe to travel on domestic flights within the United States if I don’t have immigration status?
- Traveling within the United States without immigration status can involve risks. Although many people travel within the country without problems, there have been recent reports of people being questioned or detained at airports. People without legal status should carefully consider the risks before traveling and speak with an immigration attorney before traveling.
- What documents should I bring if I travel while my immigration case is pending?
- If you decide to travel while your immigration case is pending, it is advisable to bring important documents such as USCIS receipts, your work permit (if applicable), a valid ID, and your attorney’s contact information. These documents can help explain your immigration status if questions arise during the trip.
- Does Advance Parole guarantee that I will be allowed to return to the United States?
- Advance Parole allows you to apply for entry back into the United States after traveling abroad, but it does not guarantee admission. The final decision is made by a Customs and Border Protection officer at the port of entry. For this reason, it is important to take precautions and consult with an attorney before leaving the country. Keep in mind that re-entry into the country may involve an approximate cost of $1,000, depending on the circumstances of your case.
- What precautions should immigrants take before traveling during an immigration process?
- Before you travel, it’s important to share your travel plans with someone you trust, bring copies of important immigration documents, have your attorney’s number available, and have an emergency plan in place. Being prepared can help reduce risks and ensure support if an unexpected situation arises.
