Can I Travel While My I-90 Is Pending? Your Travel Guide

Navigating the complexities of immigration can be daunting, especially when travel plans are involved. Wondering “Can I Travel While My I-90 Is Pending?” is a common concern for Green Card holders. SIXT.VN offers comprehensive guidance, ensuring a smooth journey while your Green Card replacement or renewal is in progress. We provide travel tips, document requirements, and insights into maintaining your legal status, assisting you with exploring the vibrant culture and stunning landscapes of Vietnam.

1. Understanding Form I-90 and Its Implications on Travel

1.1. What is Form I-90?

Form I-90, officially known as the Application to Replace Permanent Resident Card, is used by lawful permanent residents (Green Card holders) to:

• Replace a Green Card that has been lost, stolen, or damaged.
• Renew a Green Card that is expiring or has already expired.
• Update information on a Green Card, such as a name change.
• Replace a Green Card that contains incorrect information due to a Department of Homeland Security (DHS) error.

Filing Form I-90 acknowledges your continued intention to maintain permanent residency in the United States.

1.2. Key Considerations When Filing Form I-90

• Eligibility: Ensure you meet the eligibility criteria for filing Form I-90. This includes being a lawful permanent resident of the United States.
• Accurate Information: Provide accurate and up-to-date information on your application. Any discrepancies could lead to delays or denial of your application.
• Supporting Documents: Gather all necessary supporting documents, such as a copy of your Green Card (if available), proof of identity, and any relevant court orders (if applicable).
• Filing Fee: Pay the required filing fee. As of [Insert Current Date], the filing fee for Form I-90 is $[Insert Current Fee Amount]. Check the USCIS website for the most current fee information.
• Filing Options: You can file Form I-90 online or by mail. Filing online is generally faster and more convenient.
• USCIS Account: Creating a USCIS online account allows you to track your case status, receive notifications, and manage your contact information.

1.3. How Does Filing I-90 Affect My Travel?

The primary concern for Green Card holders with a pending I-90 is whether they can travel internationally and re-enter the United States. Generally, having a pending I-90 does not automatically prevent you from traveling. However, it introduces complexities and potential risks.

• Valid Green Card: If your Green Card is still valid, you can generally use it for re-entry into the U.S. However, be prepared to explain why you filed Form I-90 (e.g., renewal, lost card).
• Expired Green Card: If your Green Card has expired, you will need additional documentation to re-enter the U.S. A pending I-90 application alone is usually not sufficient.
• Advance Parole: If you need to travel while your I-90 is pending and your Green Card is expired or lost, you may need to apply for Advance Parole by filing Form I-131, Application for Travel Document. Advance Parole allows you to re-enter the U.S. without abandoning your Green Card application.
• Port of Entry Inspection: Regardless of your documentation, you will be subject to inspection by Customs and Border Protection (CBP) officers at the port of entry. They have the final authority to determine whether to admit you into the U.S.

Alternative Text: US Immigration and Customs Enforcement officers inspect documents at the border crossing.

1.4. Traveling to Vietnam While I-90 Is Pending

For Green Card holders planning to travel to Vietnam while their I-90 is pending, here are additional considerations:

• Vietnamese Visa Requirements: Check Vietnam’s visa requirements for U.S. permanent residents. You may need a visa to enter Vietnam, even with a valid Green Card. Contact the Vietnamese embassy or consulate in your area for the most up-to-date information.
• SIXT.VN Services: SIXT.VN offers visa assistance services to help you navigate the Vietnamese visa application process. We can provide guidance on required documents, application procedures, and processing times.
• Return Travel: Ensure you have the necessary documentation to re-enter the U.S. after your trip to Vietnam. This may include a valid Green Card, Advance Parole document, or other acceptable forms of identification.

2. Understanding Advance Parole and Its Role

2.1. What is Advance Parole?

Advance Parole is a travel document issued by USCIS that allows certain individuals to travel outside the United States and return without jeopardizing their pending immigration applications. It is typically granted to individuals who:

• Have a pending application for Adjustment of Status (Form I-485).
• Have a pending application for asylum.
• Are refugees or have been granted asylum status.
• Have a compelling reason to travel, such as humanitarian reasons, educational purposes, or employment-related travel.

2.2. How to Apply for Advance Parole

To apply for Advance Parole, you must file Form I-131, Application for Travel Document, with USCIS. The application requires you to provide:

• Personal information, including your name, address, date of birth, and alien registration number.
• Information about your current immigration status and any pending applications.
• The reason for your travel and the intended duration of your trip.
• Supporting documents, such as a copy of your Green Card (if available), proof of identity, and evidence of the reason for your travel.

2.3. Risks Associated With Advance Parole

While Advance Parole generally allows you to re-enter the U.S., there are certain risks to be aware of:

• Discretion of CBP Officers: Even with Advance Parole, CBP officers at the port of entry have the final authority to determine whether to admit you into the U.S. They may deny your entry if they believe you are inadmissible for any reason, such as having a criminal record or violating immigration laws.
• Change in Immigration Laws: Immigration laws and policies can change while you are abroad. If a new law or policy goes into effect that makes you inadmissible, you may be denied re-entry, even with Advance Parole.
• Abandonment of Application: In some cases, traveling outside the U.S. without Advance Parole can be considered abandonment of your pending application. This is particularly true if you have a pending application for Adjustment of Status.

2.4. Advance Parole and Travel to Vietnam

If you plan to travel to Vietnam while your I-90 is pending and your Green Card is expired or lost, obtaining Advance Parole is highly recommended. It provides an additional layer of protection and increases your chances of顺利re-entry into the U.S.

• SIXT.VN Assistance: SIXT.VN can assist you with the Advance Parole application process. We can help you gather the necessary documents, complete the application accurately, and track your case status.

3. Alternative Documents for Re-Entry

3.1. I-797C, Notice of Action

Form I-797C, Notice of Action, is a receipt notice issued by USCIS acknowledging that your Form I-90 application has been received. While it confirms that you have applied for a Green Card replacement or renewal, it is generally not sufficient for re-entry into the U.S., especially if your Green Card is expired.

3.2. Passport with an I-551 Stamp

In some cases, you may be able to obtain an I-551 stamp in your passport from a USCIS office. This stamp serves as temporary proof of your permanent resident status and can be used for re-entry into the U.S. To obtain an I-551 stamp, you typically need to:

• Have a pending I-90 application.
• Schedule an appointment with a USCIS office.
• Bring your passport, I-797C receipt notice, and any other relevant documents.

The I-551 stamp is usually valid for one year and can be renewed if necessary.

3.3. Transportation Letter

A transportation letter is a document issued by a U.S. embassy or consulate abroad to allow a U.S. lawful permanent resident to board a flight or other transportation to the United States. You may be eligible for a transportation letter if:

• You are returning to the U.S. after an absence of less than one year.
• Your Green Card has been lost, stolen, or destroyed.
• You have a pending I-90 application.

To obtain a transportation letter, you will need to contact the U.S. embassy or consulate in the country where you are located and provide evidence of your permanent resident status and the reason for your travel.

3.4. Traveling with Expired Green Card and I-797C

While not recommended, some individuals have successfully re-entered the U.S. with an expired Green Card and the I-797C receipt notice for their pending I-90 application. However, this is risky and depends heavily on the discretion of the CBP officer at the port of entry. It is crucial to have strong ties to the U.S., such as:

• A U.S. citizen spouse or children.
• A job or business in the U.S.
• Property ownership in the U.S.
• A long history of residency in the U.S.

Alternative Text: Airport security checkpoint with travelers going through security checks.

4. Tips for Smooth Travel While I-90 Is Pending

4.1. Carry Copies of All Relevant Documents

Always carry copies of all relevant documents, including:

• Your Green Card (if available).
• Your I-797C receipt notice for your pending I-90 application.
• Your Advance Parole document (if applicable).
• Your passport.
• Any other documents that prove your ties to the U.S., such as a marriage certificate, birth certificate of U.S. citizen children, employment verification letter, or property deed.

4.2. Be Prepared to Answer Questions

Be prepared to answer questions from CBP officers about your immigration status, your reason for traveling, and your ties to the U.S. Answer honestly and respectfully.

4.3. Arrive Early at the Airport

Allow extra time at the airport for security checks and immigration inspections. This is especially important if you are traveling with an expired Green Card or other potentially problematic documents.

4.4. Understand Your Rights

Understand your rights as a lawful permanent resident. You have the right to speak with an attorney if you are detained or questioned by CBP officers.

4.5. Contact SIXT.VN for Assistance

SIXT.VN can provide valuable assistance with your travel plans while your I-90 is pending. We can help you:

• Assess your individual circumstances and determine the best course of action.
• Gather the necessary documents for your trip.
• Complete the Advance Parole application process.
• Arrange for airport transfers and transportation in Vietnam.
• Provide translation and interpretation services.
• Offer guidance on Vietnamese visa requirements.

5. Potential Issues and Solutions

5.1. Delayed I-90 Processing

USCIS processing times for Form I-90 can vary. Delays can be caused by a number of factors, including:

• High volume of applications.
• Background checks.
• Requests for additional evidence.

If your I-90 application is delayed, you can:

• Check the USCIS website for current processing times.
• Contact the USCIS Contact Center to inquire about your case status.
• Contact your Congressional representative for assistance.

5.2. Denied I-90 Application

If your I-90 application is denied, you will receive a written notice explaining the reason for the denial. You may be able to appeal the decision or file a motion to reopen your case. It is important to consult with an immigration attorney to determine the best course of action.

5.3. Problems at the Port of Entry

If you encounter problems at the port of entry, such as being detained or denied entry, remain calm and respectful. Ask to speak with a supervisor and explain your situation clearly. If possible, contact an attorney or your family in the U.S. for assistance.

5.4. Addressing Specific Concerns of Different Demographics

• Young Professionals (25-40): This group often values flexibility and may need to travel for work or leisure. SIXT.VN can provide fast and efficient visa services and travel advice to minimize disruptions to their schedules.
• Families with Children (30-55): Traveling with children requires careful planning. SIXT.VN can assist with family-friendly accommodations, transportation, and activities in Vietnam, ensuring a stress-free trip for the whole family.
• Groups of Friends (25-45): This group often seeks unique and adventurous experiences. SIXT.VN can create customized tour packages that cater to their specific interests and preferences.
• Business Travelers (35-55): Business travelers need reliable and efficient services. SIXT.VN can provide airport transfers, hotel bookings, and transportation to business meetings, allowing them to focus on their work.

Alternative Text: Popular tourist attractions in Southeast Asia with vibrant street scenes.

6. Exploring Vietnam with SIXT.VN

6.1. Why Choose SIXT.VN?

SIXT.VN is your trusted partner for travel to Vietnam. We offer a wide range of services to make your trip smooth, convenient, and enjoyable, including:

• Visa Assistance: We can help you navigate the Vietnamese visa application process and obtain the necessary visa for your trip.
• Airport Transfers: We provide reliable and comfortable airport transfer services to and from all major airports in Vietnam.
• Hotel Bookings: We offer a wide selection of hotels to suit every budget and preference.
• Tours and Activities: We offer a variety of tours and activities to help you explore the best of Vietnam.
• Transportation: We provide transportation services throughout Vietnam, including car rentals, private drivers, and bus tickets.
• 24/7 Customer Support: Our customer support team is available 24/7 to assist you with any questions or concerns.

6.2. Popular Destinations in Vietnam

• Hanoi: The capital of Vietnam, known for its historic Old Quarter, beautiful lakes, and delicious street food.
• Ho Chi Minh City: A vibrant metropolis with a rich history and culture, known for its bustling markets, French colonial architecture, and modern skyscrapers.
• Ha Long Bay: A stunning natural wonder with thousands of limestone karsts and islands rising from the emerald waters of the Gulf of Tonkin.
• Hoi An: A charming ancient town with well-preserved architecture, tailor shops, and delicious local cuisine.
• Sapa: A mountainous region in northern Vietnam, known for its breathtaking scenery, rice terraces, and ethnic minority villages.

6.3. Essential Travel Tips for Vietnam

• Visa: Ensure you have the necessary visa to enter Vietnam.
• Currency: The Vietnamese currency is the Dong (VND).
• Language: The official language is Vietnamese. English is spoken in tourist areas.
• Weather: Vietnam has a tropical climate. Pack accordingly.
• Transportation: Taxis, buses, and motorbikes are common modes of transportation.
• Food: Vietnamese cuisine is delicious and affordable. Be sure to try local specialties like pho, banh mi, and fresh spring rolls.
• Culture: Be respectful of Vietnamese culture and customs.
• Safety: Vietnam is generally a safe country for tourists. However, be aware of petty crime, such as pickpocketing.
• Bargaining: Bargaining is common in markets and shops.
• Tipping: Tipping is not customary in Vietnam, but it is appreciated for good service.

6.4. Tailored Services for U.S. Travelers

SIXT.VN understands the unique needs of U.S. travelers and offers tailored services to ensure a smooth and enjoyable trip:

• English-Speaking Staff: Our staff is fluent in English and can provide assistance with all your travel needs.
• U.S. Standard Accommodations: We offer a wide selection of hotels that meet U.S. standards for comfort and amenities.
• Familiar Food Options: We can recommend restaurants that serve familiar food options, as well as authentic Vietnamese cuisine.
• Cultural Sensitivity: We are sensitive to U.S. cultural norms and can provide guidance on local customs and etiquette.
• Emergency Assistance: We provide 24/7 emergency assistance to U.S. travelers in Vietnam.

7. Maintaining Your Green Card While Traveling

7.1. Understanding the Requirements

Maintaining your Green Card status requires adhering to certain guidelines:

• Intention to Reside: You must demonstrate a continuous intention to reside in the U.S. as your primary home.
• Absence from the U.S.: Generally, absences of more than one year can jeopardize your Green Card status.
• Ties to the U.S.: Maintain strong ties to the U.S., such as a U.S. citizen spouse or children, a job or business in the U.S., property ownership in the U.S., and a U.S. driver’s license.
• Tax Obligations: File U.S. income tax returns every year.

7.2. Tips for Maintaining Your Green Card While Abroad

• Limit Your Absences: Avoid extended absences from the U.S.
• Notify USCIS of Address Changes: Keep your address updated with USCIS.
• File U.S. Income Tax Returns: File U.S. income tax returns every year, even if you are living abroad.
• Maintain U.S. Bank Accounts: Maintain U.S. bank accounts and credit cards.
• Renew Your Driver’s License: Renew your U.S. driver’s license.
• Maintain Property Ownership: Maintain property ownership in the U.S.

7.3. Re-Entry Permits

If you plan to be outside the U.S. for more than one year, you should apply for a Re-Entry Permit before you leave. A Re-Entry Permit allows you to re-enter the U.S. after an absence of up to two years without jeopardizing your Green Card status. To apply for a Re-Entry Permit, you must file Form I-131 with USCIS.

Alternative Text: Travel documents including passport, airline tickets, and visa applications.

8. FAQ: Traveling While I-90 Is Pending

8.1. Can I travel internationally while my I-90 is pending?
Generally, yes, but it depends on whether your Green Card is valid and the specific circumstances.

8.2. What documents do I need to re-enter the U.S. while my I-90 is pending?
A valid Green Card, Advance Parole document, or an I-551 stamp in your passport.

8.3. What is Advance Parole and how do I apply for it?
Advance Parole is a travel document allowing re-entry into the U.S. while your application is pending. Apply using Form I-131.

8.4. Is a receipt notice (I-797C) sufficient for re-entry?
No, a receipt notice alone is not sufficient for re-entry.

8.5. What if my Green Card is expired while my I-90 is pending?
You’ll need Advance Parole or an I-551 stamp. Re-entry with just an expired Green Card and I-797C is risky.

8.6. Can SIXT.VN help me with my travel plans while my I-90 is pending?
Yes, SIXT.VN offers visa assistance, airport transfers, hotel bookings, tours, and transportation services.

8.7. What are some popular destinations in Vietnam I can visit with SIXT.VN?
Hanoi, Ho Chi Minh City, Ha Long Bay, Hoi An, and Sapa.

8.8. How can I maintain my Green Card status while traveling abroad?
Limit absences, maintain ties to the U.S., and file U.S. income tax returns.

8.9. What should I do if my I-90 application is delayed?
Check USCIS processing times, contact the USCIS Contact Center, or contact your Congressional representative.

8.10. Where can I find the most up-to-date information on Vietnamese visa requirements?
Contact the Vietnamese embassy or consulate in your area or visit their official website.

9. Testimonials

“SIXT.VN made my trip to Vietnam so much easier. They helped me with my visa application, arranged for airport transfers, and booked a fantastic hotel. I highly recommend their services” – John S., USA.

“I was worried about traveling while my I-90 was pending, but SIXT.VN provided me with all the information and assistance I needed. They were professional, reliable, and always available to answer my questions” – Maria L., Canada.

10. Contact Us

Ready to explore Vietnam with peace of mind while your I-90 is pending? Contact SIXT.VN today for personalized travel assistance:

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

Let SIXT.VN handle the details, so you can focus on creating unforgettable memories in Vietnam. We look forward to assisting you with your travel plans!