Travel Tips for Immigrants

Many immigrants in the United States have questions about whether and how they can travel. This newsletter will give some general tips on this topic for different types of immigration status.

Undocumented: If you do not have any legal status in the U.S., you should not travel outside of the U.S. If you have emergency situation outside the US, you should consult with an immigration attorney about immigration consequences before arranging travel outside of the country. Depending on your specific circumstances, leaving the U.S. can make you ineligible to apply for certain immigration statuses. Some immigrants find that they meet all other requirements for gaining legal residence through their spouse, but discover that they cannot do so because they took a trip outside of the country.

Traveling within the U.S. does not have the same potential effects on your ability to apply for immigration status, and it is generally safe for undocumented people to travel by plane domestically. However, you should be aware that travel by plane can be risky for undocumented people due to heightened security in airports.

Lawful permanent resident (green card): If you have lawful permanent residence, you are free to enter and leave the U.S. at will. However, one of the requirements to maintain your residence is that you live in the U.S.  If you are out of the U.S. for more than six months at a time, you may be presumed to have abandoned your US residence. So, for example, traveling to Mexico for three one-month trips in one year (three months total outside of the U.S.) is fine, but traveling there for a six month and two day trip may jeopardize your resident status.  If you know you will be gone for more than six months at a time, it’s best to request a re-entry document from USCIS in advance of your trip, and show the reasons for such a stay.

Other types of immigration status: If you have a status other than lawful permanent residence, such as Temporary Protected Status, DACA or a U Visa, you should consult with an immigration attorney before traveling to check if and how you are able to travel. For example, with DACA, you can apply for Advance Parole and visit a foreign country for a short period of time if you have certain specific reasons to do so, such as a sick relative.

U.S. Citizen: If you are a naturalized U.S. citizen, you are free to travel outside of the U.S. whenever and for as long as you want. However, you should keep in mind that other countries have their own requirements for any foreigners visiting, studying, working and living there. A good place to find general information about travel to other countries is at the U.S. State Department’s website: http://www.state.gov/travel/

A note about REAL ID: The REAL ID law was scheduled to go into effect in Washington State on October 1, 2021, but it was recently postponed to May 3, 2023 due to the ongoing pandemic. In general, the law will require everyone to have an ID that complies with the REAL ID law to enter federal buildings and pass through airport security. That means that, starting on May 3, 2023, a regular Washington State ID will no longer be sufficient to travel by plane. Some IDs that are REAL ID compliant include passports (from the U.S. and from other countries), work permits, and permanent resident cards. We have yet to see how this law will be put into practice, but we will keep you informed as we receive more information.

Immigration lawyer Inna Scott and her team at Global Law Advocates specialize in helping immigrants of all kinds gain legal status and other immigration benefits in the United States. To consult with an experienced attorney about your immigration options, call us at 206-774-8758 or send us an email at info@globallawadvocates.com.