Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Travel Before Filing for Green Card

Q. In 1997 I married a permanent resident and he filed for me. The INS approved that petition and I'm waiting for my number to come up under the quota system. Then I'll file for adjustment for status to permanent resident, meaning that the INS will interview me here. Will the INS give me permission to travel home?

A. Until you apply for adjustment of status, the INS is unlikely to give you travel permission. You can adjust status also if your husband becomes a US citizen, With your application, include INS form I-131, Application for Travel Document. The INS should grant you advanced parole (permission to reenter after travel abroad).

Readers should note that if you did not have an asylum application pending, I would have recommended against travel. That's because people who travel after having been out-of-status may face a three or 10 years bar to residence. The INS counts days beginning April 1, 1997, but does not count days while an asylum application is pending unless the applicant words without INS permission.

(By Alan Wernick)

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