Can I travel after I-130 is approved?

Introduction

Traveling while the I-130 petition is pending or after it has been approved can be a major concern for many individuals. In this expert answer, we will discuss the possibilities and limitations of traveling once your I-130 has been approved.

Understanding the I-130 Petition

The I-130 petition, also known as the "Petition for Alien Relative," is a crucial step in the process of obtaining a family-based immigrant visa in the United States. It is a form filed by a U.S. citizen or lawful permanent resident (LPR) who wishes to sponsor a relative for permanent residency.

Travel Before I-130 Approval

Prior to the approval of the I-130 petition, it is generally advisable to avoid any international travel that may disrupt or complicate the immigration process. If you need to travel urgently, it is essential to consult an immigration attorney to assess the possible risks and implications.

Travel After I-130 Approval: Conditional Approval

Once your I-130 petition has been approved, the situation becomes more flexible. However, it is important to consider the status of the beneficiary and any other pending applications. If the beneficiary is already in the United States and has applied for adjustment of status (Form I-485), they can generally travel using an Advance Parole document.

Advance Parole Document

An Advance Parole document allows a beneficiary of an approved I-130 petition to travel internationally without abandoning their application for adjustment of status. By presenting the valid Advance Parole document upon reentry to the United States, the beneficiary can continue the process towards obtaining their Green Card.

Applying for Advance Parole

To obtain an Advance Parole document, the beneficiary must file Form I-131, "Application for Travel Document," with the United States Citizenship and Immigration Services (USCIS). It is important to note that traveling without an approved Advance Parole document may lead to the denial of the adjustment of status application.

Conditional Approval and Risks

While traveling with an Advance Parole document after I-130 approval is generally permissible, it is crucial to understand the associated risks. If the beneficiary has any other pending applications or violations of immigration laws, departing the country could potentially trigger admissibility issues or complications during re-entry.

Travel After I-130 Approval: Consular Processing

If the beneficiary of an approved I-130 petition is residing outside of the United States, they will need to proceed with consular processing. In this case, traveling before completing the necessary steps for immigrant visa issuance can complicate the process.

Immigrant Visa Application

To initiate consular processing, the National Visa Center (NVC) will send instructions and forms to the applicant. It is necessary to complete these forms accurately and submit all required documents. Once the NVC determines that the case is documentarily complete, an interview at the U.S. Embassy or Consulate abroad will be scheduled.

Traveling during Consular Processing

During consular processing, traveling internationally is possible but should be done with caution. Consulates may require the applicant's physical presence for the immigrant visa interview, so planning travel dates accordingly is crucial. It is advisable to consult with the specific U.S. Embassy or Consulate handling the case for guidance on travel restrictions and timing.

Conclusion

After the approval of the I-130 petition, traveling becomes more feasible, either through adjustment of status or consular processing. However, it is essential to follow the proper procedures, obtain the necessary documentation, and consider any potential risks involved. Seeking guidance from an experienced immigration attorney will help ensure a smooth travel experience and successful immigration process.