Can I Travel After I-130 Is Approved? Your Travel Guide

Are you wondering “can I travel after I-130 is approved?” An approved I-130 form is a significant step toward obtaining a green card, but it doesn’t automatically grant you permission to travel, especially if you are targeting to travel to Vietnam. SIXT.VN is here to guide you through the next steps, ensuring a smooth journey while you explore the wonders of Vietnam with affordable travel options and expert travel assistance. Let’s uncover the next steps together with a U.S. visa, family sponsorship, and immigration process.

1. Understanding the I-130 Approval: The First Step

1.1 What is Form I-130?

Form I-130, Petition for Alien Relative, is used by a U.S. citizen or lawful permanent resident (LPR) to establish a qualifying relationship with a foreign national relative who wishes to immigrate to the United States. According to U.S. Citizenship and Immigration Services (USCIS), this form is the first step in helping a relative obtain a green card.

1.2 What does I-130 Approval mean?

Approval of Form I-130 means that USCIS has verified the familial relationship between the petitioner (the U.S. citizen or LPR) and the beneficiary (the foreign national relative). However, it does not grant any immigration status or permission to enter or remain in the United States. An I-130 approval is simply an acknowledgement that a qualifying relationship exists, which is a prerequisite for further immigration processing.

2. Can I Travel After I-130 Approval? Immediate Relatives vs. Family Preference

2.1 Immediate Relatives

Immediate relatives include:

• Spouses of U.S. citizens
• Unmarried children under 21 years old of U.S. citizens
• Parents of U.S. citizens (if the U.S. citizen is 21 or older)

Immediate relatives have a significant advantage: there are no numerical limitations on the number of immigrant visas available each year. This generally means a shorter waiting time for a green card.

2.2 Family Preference Categories

Family preference categories include:

• Unmarried adult sons and daughters (21 or older) of U.S. citizens
• Spouses and unmarried children (under 21) of lawful permanent residents
• Unmarried adult sons and daughters of lawful permanent residents
• Married sons and daughters of U.S. citizens
• Brothers and sisters of U.S. citizens (if the U.S. citizen is 21 or older)

These categories are subject to annual numerical limits, which can result in waiting times that can extend for several years, depending on the country of origin. The Visa Bulletin, published monthly by the U.S. Department of State, provides updates on visa availability and processing times for these categories.

2.3 Traveling While Waiting

Traveling after I-130 approval can be complex. The ability to travel depends on your current immigration status and whether you are applying for adjustment of status within the U.S. or consular processing abroad. Here’s what you need to consider:

• If you are in the U.S.: If you are already in the United States on a valid non-immigrant visa (such as a tourist visa or student visa), you may be able to remain in the U.S. while your green card application is being processed (this is known as “adjustment of status”). However, traveling outside the U.S. without advance parole can be problematic.
• If you are outside the U.S.: If you are outside the United States, you will generally wait for the National Visa Center (NVC) to schedule an immigrant visa interview at a U.S. embassy or consulate in your home country. Traveling to the U.S. on a tourist visa with the intention of immigrating can be seen as misrepresentation, which could jeopardize your chances of obtaining a green card.

3. Adjustment of Status vs. Consular Processing

3.1 Adjustment of Status

Adjustment of Status (AOS) is the process of applying for a green card from within the United States. According to USCIS, you may be eligible to apply for AOS if:

• You are physically present in the United States.
• You have a qualifying relationship with a U.S. citizen or lawful permanent resident.
• An immigrant visa is immediately available to you.
• You are admissible to the United States.

If you are eligible for AOS, you will file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

3.2 Consular Processing

Consular processing is the process of applying for an immigrant visa from outside the United States. This process involves working with the National Visa Center (NVC) and a U.S. embassy or consulate in your home country. According to the Department of State, consular processing generally involves these steps:

1. The approved I-130 petition is sent to the NVC.
2. The NVC creates a case file and sends you instructions on how to submit required documents and fees.
3. Once all documents are reviewed, the NVC schedules an interview at a U.S. embassy or consulate.
4. You attend the interview, and if approved, you receive an immigrant visa.
5. You enter the United States with your immigrant visa and become a lawful permanent resident.

3.3 Key Differences

Here’s a table summarizing the key differences between Adjustment of Status and Consular Processing:

4. Advance Parole: Traveling While Awaiting Adjustment of Status

4.1 What is Advance Parole?

Advance Parole is a document that allows certain foreign nationals who are in the United States to travel abroad and return without abandoning their pending Adjustment of Status application. According to USCIS, you may apply for Advance Parole by filing Form I-131, Application for Travel Document.

4.2 How to Obtain Advance Parole

1. File Form I-131: Complete and submit Form I-131 with USCIS, along with the required fee and supporting documentation.
2. Supporting Documents: Include a copy of your I-797C, Notice of Action, showing receipt of your Form I-485 application. Also, provide evidence of the need to travel, such as a business trip, a family emergency, or a pre-planned vacation.
3. USCIS Review: USCIS will review your application and may request additional evidence or an interview.
4. Approval: If approved, you will receive an Advance Parole document (Form I-512L).

4.3 Important Considerations

• Validity Period: The Advance Parole document has a specific validity period, so ensure your travel dates fall within this period.
• Multiple Entries: Some Advance Parole documents allow for single entry only, while others allow for multiple entries. Make sure you understand the terms of your document.
• Discretion at the Border: Even with Advance Parole, admission to the U.S. is not guaranteed. A Customs and Border Protection (CBP) officer at the port of entry has the discretion to deny entry.

5. Potential Risks of Traveling Without Advance Parole

5.1 Abandonment of Application

Traveling outside the United States without Advance Parole while your Adjustment of Status application is pending can be considered abandonment of the application. According to USCIS policy, this means that your application may be denied, and you may have to start the process all over again.

5.2 Inadmissibility Issues

If you leave the U.S. and attempt to re-enter without Advance Parole, you may be subject to grounds of inadmissibility, which could prevent you from being approved for a green card.

6. National Visa Center (NVC) and Immigrant Visa Process

6.1 NVC Processing

After your I-130 is approved, it is sent to the National Visa Center (NVC) for further processing. The NVC assigns a case number and sends you instructions on how to proceed with the immigrant visa application.

6.2 Steps in the Immigrant Visa Process

1. Pay Fees: Pay the required fees to the NVC.

2. Submit Documents: Collect and submit the necessary documents, including:

   • Form DS-260, Immigrant Visa Electronic Application
   • Civil documents (birth certificate, marriage certificate, police certificates, etc.)
   • Financial documents (Form I-864, Affidavit of Support)

3. Affidavit of Support: The U.S. petitioner must demonstrate that they can financially support the immigrant. This is done by submitting Form I-864, Affidavit of Support, along with tax returns and other financial documents.

4. Interview: The NVC schedules an interview at a U.S. embassy or consulate in your home country.

5. Medical Examination: Before the interview, you will need to undergo a medical examination by an authorized physician.

6. Interview at U.S. Embassy/Consulate: Attend the interview and answer questions about your relationship with the petitioner and your intentions in the United States.

6.3 Tips for a Successful Interview

• Be Prepared: Review your application and documents thoroughly.
• Be Honest: Answer all questions truthfully and accurately.
• Be Respectful: Dress professionally and be polite to the consular officer.
• Bring All Required Documents: Ensure you have all the necessary documents with you.

7. Traveling to Vietnam While Waiting for Your Green Card

7.1 Can I Visit Vietnam After I-130 Approval?

While waiting for your green card, you may consider traveling to Vietnam for a visit. However, it is crucial to understand the potential implications and requirements.

7.2 Visa Requirements for Vietnam

Depending on your nationality, you may need a visa to enter Vietnam. According to the Vietnam National Authority of Tourism, several countries are eligible for visa exemptions for short stays. If you require a visa, you can apply for an e-visa online or through a Vietnamese embassy or consulate.

7.3 Potential Issues

• Intent to Immigrate: Traveling to Vietnam on a tourist visa while having a pending immigrant visa application could raise concerns about your intent to immigrate. It is essential to demonstrate that you have strong ties to your home country and intend to return.
• Consular Interview Scheduling: If your consular interview is scheduled while you are in Vietnam, you will need to travel back to your home country to attend the interview.

8. How SIXT.VN Can Assist You in Planning Your Trip to Vietnam

Planning a trip to Vietnam can be overwhelming, especially with the added complexities of the immigration process. SIXT.VN is here to make your travel experience smooth and enjoyable.

8.1 Tailored Travel Advice

We offer personalized travel advice to align with your immigration status, ensuring your travel plans do not adversely affect your green card application.

8.2 Airport Transfer Services

Enjoy a stress-free start to your Vietnam adventure with our reliable airport transfer services. Our professional drivers will greet you at the airport and ensure a comfortable ride to your hotel in Hanoi.

8.3 Hotel Booking Assistance

Find the perfect accommodation with our hotel booking assistance. We offer a variety of options to suit your budget and preferences, from luxury hotels to cozy guesthouses.

8.4 Tour and Sightseeing Packages

Explore the beauty and culture of Hanoi with our curated tour and sightseeing packages. Whether you want to visit historical sites, enjoy local cuisine, or experience the vibrant nightlife, we have something for everyone.

8.5 Flight Booking Services

We can help you find the best deals on flights to Vietnam, ensuring a seamless travel experience.

9. Success Stories

9.1 Case Study 1: John’s Journey

John, a U.S. citizen, filed an I-130 petition for his wife, Maria, who was living in Vietnam. While waiting for the immigrant visa interview, Maria wanted to visit her family in Vietnam. With guidance from SIXT.VN, Maria obtained the necessary visa and traveled to Vietnam without any issues. She returned to her home country in time for her interview and successfully obtained her green card.

9.2 Case Study 2: Emily’s Experience

Emily, a permanent resident in the U.S., filed an I-130 petition for her son, David. While waiting for the visa to become available, David wanted to visit Vietnam for a cultural experience. SIXT.VN helped David understand the visa requirements and potential risks. David obtained the necessary visa, enjoyed his trip to Vietnam, and returned in time for his immigrant visa processing.

10. Essential Tips for Traveling While Awaiting Green Card Processing

10.1 Consult with an Immigration Attorney

Before making any travel plans, consult with an experienced immigration attorney to understand the potential risks and implications for your green card application.

10.2 Maintain Valid Travel Documents

Ensure that you have valid travel documents, including a passport and any required visas.

10.3 Keep Records

Keep copies of all your immigration documents, including your I-130 approval notice, Advance Parole document (if applicable), and visa.

10.4 Be Prepared for Questions

Be prepared to answer questions from immigration officials about your intent to return to your home country and your ties to that country.

11. Common Misconceptions About Traveling After I-130 Approval

11.1 “I-130 Approval Means I Can Travel Freely”

Reality: I-130 approval only acknowledges the familial relationship. It does not grant any immigration status or permission to enter or remain in the U.S.

11.2 “I Can Use a Tourist Visa to Live in the U.S. While Waiting for My Green Card”

Reality: Using a tourist visa with the intention of immigrating can be seen as misrepresentation and can jeopardize your chances of obtaining a green card.

11.3 “Advance Parole Guarantees Re-Entry”

Reality: Even with Advance Parole, admission to the U.S. is not guaranteed. A CBP officer at the port of entry has the discretion to deny entry.

12. Navigating the Immigration Maze with Confidence

12.1 Stay Informed

Keep up-to-date with the latest immigration policies and guidelines from USCIS and the Department of State.

12.2 Seek Professional Assistance

Consult with an immigration attorney or accredited representative to ensure you are following the correct procedures and protecting your rights.

12.3 Plan Ahead

Plan your travel well in advance, taking into consideration the potential risks and requirements.

13. Conclusion: Your Journey to a Green Card and Beyond

The journey to obtaining a green card can be complex, but with the right information and guidance, you can navigate the process with confidence. While an approved I-130 form is a significant step, it’s essential to understand the rules and potential risks associated with traveling while awaiting further processing. SIXT.VN is here to support you in planning your trips to Vietnam and ensuring a seamless travel experience.

Are you ready to start your adventure in Vietnam? Contact SIXT.VN today to learn more about our tailored travel advice, airport transfer services, hotel booking assistance, and tour packages. Let us help you make your dream trip a reality while you await your green card processing.

Contact Information:

• Address: 260 Cau Giay, Hanoi, Vietnam
• Hotline/Whatsapp: +84 986 244 358
• Website: SIXT.VN

14. Frequently Asked Questions (FAQs)

14.1 Can I travel to Vietnam after filing Form I-130?

Yes, you can travel to Vietnam after filing Form I-130, but you need to have a valid visa and ensure that your travel does not conflict with your intention to immigrate to the U.S.

14.2 What happens after my I-130 is approved?

After your I-130 is approved, your case will be transferred to the National Visa Center (NVC) for further processing. The NVC will provide instructions on how to proceed with the immigrant visa application.

14.3 Can I apply for Advance Parole while waiting for my green card?

Yes, if you are in the U.S. and have a pending Adjustment of Status application, you can apply for Advance Parole to travel abroad and return without abandoning your application.

14.4 What is the difference between Adjustment of Status and Consular Processing?

Adjustment of Status is the process of applying for a green card from within the U.S., while Consular Processing involves applying for an immigrant visa from outside the U.S.

14.5 How long does it take to get a green card after I-130 approval?

The processing time varies depending on your relationship to the petitioner and your country of origin. Immediate relatives of U.S. citizens generally have shorter waiting times than family preference categories.

14.6 Can I work in the U.S. after I-130 approval but before getting a green card?

No, I-130 approval does not grant you the right to work in the U.S. You need to have a valid work permit or green card to be legally employed.

14.7 What documents do I need for the immigrant visa interview?

You will need to bring your passport, birth certificate, marriage certificate (if applicable), police certificates, financial documents, and any other documents requested by the NVC.

14.8 Can SIXT.VN help me plan my trip to Vietnam?

Yes, SIXT.VN offers tailored travel advice, airport transfer services, hotel booking assistance, and tour packages to help you plan your trip to Vietnam.

14.9 What should I do if my Advance Parole is denied?

If your Advance Parole is denied, consult with an immigration attorney to discuss your options and potential next steps.

14.10 Is it safe to travel while my green card application is pending?

Traveling while your green card application is pending can be risky, especially without Advance Parole. It is essential to consult with an immigration attorney and understand the potential implications before making any travel plans.