Can my wife travel while waiting for green card?

Can a Spouse Travel While Awaiting a Green Card?

Upon marrying a U.S. citizen, an individual may initiate the process of obtaining a green card, which grants them permanent residency in the United States. However, the application process can take several months or even years, leaving spouses wondering if they can travel during this period.

Advance Parole

In certain circumstances, a spouse may be eligible for advance parole, which allows them to travel outside and return to the United States while their green card application is pending. Advance parole is typically granted if:

• The spouse has compelling reasons to travel, such as attending a funeral, visiting a critically ill relative, or accepting a job offer abroad.
• The spouse can demonstrate an ability to return to the United States after their travel.
• The spouse has an approved Form I-131, Application for Travel Document.

Processing Time

The processing time for advance parole is typically two to three months under normal circumstances. However, in cases of emergencies, such as a family member’s imminent death, the processing time may be expedited.

Applying for Advance Parole

To apply for advance parole, the spouse must file Form I-131, Application for Travel Document. The application should include evidence of the compelling reasons for travel, as well as proof of their ability to return to the United States.

Importance of Consulting with an Attorney

It is highly recommended to consult with an experienced immigration attorney to determine eligibility for advance parole and guide the applicant through the application process. An attorney can advise on the specific requirements and help ensure that the application is properly submitted.

Conclusion

While waiting for a green card, a spouse may be able to travel using advance parole. However, it is crucial to meet certain eligibility requirements and undergo the necessary application process. Consulting with an immigration attorney is essential to increase the likelihood of approval and avoid any potential complications.