If you are in the middle of an immigration case, one plane ticket can undo years of work. This is the question we most want you to ask us before you act, not after.
Why leaving can hurt your case
If you were in the United States without permission for a certain amount of time, leaving the country can trigger a bar. A bar means you are not allowed to come back for a set number of years.
Depending on how long you were here without permission, a bar can last three years, ten years, or in some cases keep you out permanently.
Here is the hard part. The bar often does not start until you leave. While you stay, nothing happens. The day you step on the plane, the clock starts.
Having travel permission is not the same as being safe
Some people get a document that lets them travel while their case is pending. It is called advance parole.
Many people believe advance parole protects them completely. It does not always. Immigration decisions have treated leaving on advance parole as a departure for the ten-year bar. In plain words: the government may still count it as leaving.
If you hold advance parole and you are planning a trip, talk to us first. Do not assume the document answers the question. It may not.
Travel rules can also change while you are gone
There are rules that limit who can enter the United States from certain countries. These rules change, and they do not always have an exception for close family members of U.S. citizens.
A rule that did not affect you when you left can affect you when you try to return.
What to do instead
- Talk to us before you buy a ticket, not after.
- Tell us the exact dates, the country, and the reason for the trip.
- If there is a family emergency, call us right away. Do not wait. We can look at it the same day.
- If you already have a trip booked, tell us now. It is better to lose a ticket than to lose your case.
We know this is hard
People travel for funerals, for sick parents, for weddings, for children they have not seen in years. We are not telling you never to go. We are telling you to let us look first, so you know what you are risking before you decide.
Sometimes the answer is yes, go. Sometimes it is wait a few months. Sometimes it is please do not. You deserve to know which one it is.
Not sure where you stand? Start with a free 15-minute screening call with our client services team.