Domestic Travel While on a US Green Card Application: What You Need to Know

Whether your wife can leave the USA while waiting for her green card is a complex issue that depends on several key factors. Here, we break down the situation and provide a comprehensive guide to help you navigate this process.

Can My Wife Leave the USA While on a Green Card Application?

The ability for your wife to travel out of the USA while waiting for her green card depends on her current immigration status and the specifics of her application process. Below, we provide a detailed overview of the key points to consider.

Adjustment of Status (AOS) Applicants

If your wife is in the process of adjusting her status to a green card (Form I-485: Application to Register Permanent Residence or Adjust Status), she should be cautious about traveling outside the U.S. Generally, if she leaves the country while her AOS application is pending, it may be considered abandoned, unless she has applied for and received advance parole (Form I-131).

Advise to Application Holders

If your wife hasn’t received advance parole, she should apply for it before leaving the U.S. This enables her to return without jeopardizing her AOS application. It is also important to consult with an immigration attorney, given the complexities of immigration law. An attorney can provide guidance tailored to your wife's specific situation.

Non-Immigrant Status

If your wife holds a non-immigrant visa, such as a tourist or student visa, she may be able to travel but it is essential to ensure that her visa is still valid for re-entry. For detailed travel guidance for non-immigrant visa holders, refer to the official State Department website.

Scenarios and Requirements for Legal Stay

Your wife can stay in the U.S. while waiting for a green card, provided certain conditions are met to ensure her stay is legal and does not affect her future immigration status. The process largely depends on how she entered the U.S. and the type of green card application being filed. Let's explore the scenarios and requirements that would make this possible.

Adjustment of Status (AOS)

If your wife entered the U.S. on a valid visa such as a tourist visa, student visa, or K-1 fiancée visa, and you as a U.S. citizen or lawful permanent resident have filed an immigrant visa petition (Form I-130: Petition for Alien Relative) for her, she may be eligible to file for Adjustment of Status (AOS) to lawful permanent resident status without leaving the U.S. This is done through Form I-485: Application to Register Permanent Residence or Adjust Status.

Key Points for AOS

Legal Entry: Your wife must have entered the U.S. legally and maintained a valid immigration status. Concurrent Filing: In many cases, the I-130 petition and the I-485 application can be filed at the same time, known as concurrent filing. No Violation of Visa Terms: Ensure that there are no violations of the terms of her visa as doing so could impact her eligibility for adjustment of status.

Conditional Status

If the marriage is less than two years old at the time the green card is approved, your wife will receive conditional permanent residency. This status is valid for two years and, after that, you must jointly file Form I-751: Petition to Remove Conditions on Residence to obtain a permanent green card.

Work Authorization and Travel

While the AOS application is pending, your wife can apply for work authorization by filing Form I-765: Application for Employment Authorization. This will allow her to work legally in the U.S. while her green card application is being processed.

She can also apply for advance parole using Form I-131: Application for Travel Document, which allows her to travel outside the U.S. and return while her application is pending. It is crucial not to travel abroad without advance parole as doing so may result in the abandonment of the AOS application.

Conclusion

With careful planning and adherence to U.S. immigration laws and procedures, your wife can stay in the U.S. while her green card application is processed, maintaining her legal status and paving the way for a successful adjustment to permanent residency. Legal and professional advice is strongly recommended to ensure compliance with the law and to navigate any potential roadblocks.

Note: Always reference official USCIS and DOS websites for the most up-to-date information and guidance.