Navigating the complexities of immigration can be daunting, especially when travel plans are involved. If you’re wondering “Can I travel outside while my green card application is pending?”, you’re not alone. At SIXT.VN, we understand the importance of clear, reliable information for travelers in Vietnam. The short answer is yes, but it’s crucial to understand the rules and potential risks. This guide will help you explore the nuances of international travel during the green card application process and how SIXT.VN can support your travel needs in Vietnam. This comprehensive guide covers re-entry permits, advance parole, and maintaining permanent resident status.
1. Understanding Travel During Green Card Application: Key Considerations
Traveling while your green card application is in progress can be tricky. Understanding the rules, potential risks, and how to mitigate them is essential. Careful planning and adherence to guidelines can help ensure your trip doesn’t jeopardize your immigration status.
1.1. What Happens If I Travel While My Green Card Is Processing?
Traveling internationally while your green card application is pending can impact your case. If you depart the U.S. without advance parole, your application could be considered abandoned. Advance parole allows you to re-enter the U.S. while your application is being processed.
1.2. Can I Travel After Applying for a Green Card?
Yes, you can travel after applying for a green card, but it’s important to do it correctly. Generally, you need advance parole to re-enter the U.S. If you travel without it, your application might be denied.
1.3. Will International Travel Affect My Green Card Status?
International travel can affect your green card status, particularly if you stay outside the U.S. for extended periods. The U.S. Citizenship and Immigration Services (USCIS) may determine that you do not intend to make the U.S. your permanent home if you are away for too long.
1.4. What Are the Main Risks of Traveling?
The main risks include potential delays or denial of your green card application. Traveling without advance parole can lead to being denied re-entry into the U.S. or facing scrutiny about your intent to reside permanently in the U.S.
2. Advance Parole: Your Key to Traveling Safely
Advance parole is a travel document that allows certain foreign nationals to travel outside the U.S. and return while their green card application is pending. It ensures that your departure does not automatically lead to the abandonment of your application.
2.1. What Is Advance Parole and How Does It Work?
Advance parole is permission granted by USCIS that allows you to leave and re-enter the U.S. while awaiting a decision on your green card application. It is typically required for those who do not have a valid visa or green card.
2.2. Who Needs to Apply for Advance Parole?
You need to apply for advance parole if you are a green card applicant in the U.S. and plan to travel abroad temporarily. This includes those adjusting status from a non-immigrant visa or other eligible categories.
2.3. How to Apply for Advance Parole (Form I-131)
To apply for advance parole, you must file Form I-131, Application for Travel Document, with USCIS. The form requires detailed information about your background, the reason for your travel, and supporting documentation.
2.4. Required Documents for Form I-131
When filing Form I-131, include the following documents:
- A copy of your government-issued ID with a photograph.
- Evidence of your pending green card application (e.g., Form I-797C, Notice of Action).
- A detailed explanation of why you need to travel outside the U.S.
- Any documents supporting your reason for travel (e.g., medical records, business meeting confirmations).
- Two passport-style photos.
- Payment of the filing fee.
2.5. Step-by-Step Guide to Filling Out Form I-131
- Download the Form: Get the latest version of Form I-131 from the USCIS website.
- Read the Instructions: Review the instructions carefully to understand each section.
- Complete the Form: Fill out all required fields accurately. Ensure all information matches your supporting documents.
- Write a Cover Letter: Explain your reasons for needing advance parole.
- Gather Supporting Documents: Collect all necessary documents.
- Make Copies: Keep copies of everything you submit.
- Pay the Fee: Include the correct filing fee. Check the USCIS website for the current fee amount.
- Mail the Application: Send the completed form and all supporting documents to the appropriate USCIS Lockbox.
2.6. How Long Does It Take to Get Advance Parole?
The processing time for advance parole can vary. Typically, it takes anywhere from 3 to 5 months to receive a decision. Check the USCIS website for the most up-to-date processing times.
2.7. What If My Advance Parole Is Delayed?
If your advance parole is delayed, you can inquire with USCIS about the status of your application. If you have an urgent need to travel, you might be able to request expedited processing, but this is granted on a case-by-case basis.
2.8. Can I Renew My Advance Parole?
Yes, you can renew your advance parole if your green card application is still pending and your current advance parole document is expiring. You must file a new Form I-131 and provide updated information.
2.9. What Happens If I Travel Without Advance Parole?
Traveling without advance parole can be risky. USCIS may consider your green card application abandoned, and you might be denied re-entry into the U.S. It’s always best to obtain advance parole before traveling.
2.10. What To Do If Advance Parole Is Lost or Stolen While Abroad?
If your advance parole document is lost or stolen while abroad, you should report it to the local police and the nearest U.S. embassy or consulate. You might need to apply for a replacement travel document to re-enter the U.S.
3. Maintaining Your Permanent Resident Status While Traveling
As a permanent resident, you are allowed to travel outside the United States. However, extended or frequent trips can raise concerns about whether you intend to maintain your permanent residence in the U.S.
3.1. How Long Can I Stay Outside the U.S. Without Abandoning My Green Card?
Generally, you can stay outside the U.S. for up to one year without abandoning your green card. If you stay longer than one year, you may need a re-entry permit to maintain your permanent resident status.
3.2. What Is a Re-Entry Permit (Form I-131)?
A re-entry permit is a document that allows a permanent resident to travel outside the U.S. for up to two years and still be able to return without losing their green card status.
3.3. Who Should Apply for a Re-Entry Permit?
If you plan to be outside the U.S. for more than one year, you should apply for a re-entry permit. This helps demonstrate that you intend to maintain your permanent residence in the U.S.
3.4. Applying for a Re-Entry Permit: Step-by-Step
- File Form I-131: Submit Form I-131, Application for Travel Document, with USCIS before you leave the U.S.
- Provide Evidence: Include evidence of your permanent resident status and your intent to return to the U.S.
- Biometrics Appointment: Attend any required biometrics appointment.
- Receive the Permit: If approved, you will receive the re-entry permit, which you must carry with you when you travel.
3.5. Required Documents for a Re-Entry Permit Application
- A copy of your Green Card (Form I-551).
- A completed Form I-131, Application for Travel Document.
- Two passport-style photographs.
- Evidence of your ties to the U.S., such as proof of property ownership, bank accounts, and family connections.
3.6. Can I Apply for a Re-Entry Permit From Outside the U.S.?
No, you must be physically present in the U.S. when you file Form I-131 for a re-entry permit. You must also complete the biometrics appointment in the U.S. before departing.
3.7. What If I Stay Outside the U.S. Longer Than Two Years?
If you stay outside the U.S. for more than two years, your re-entry permit will expire, and you may need to apply for a returning resident visa (SB-1) at the nearest U.S. embassy or consulate.
3.8. Returning Resident Visa (SB-1)
To apply for an SB-1 visa, you must demonstrate that you maintained ties to the U.S. and that your extended stay outside the U.S. was due to circumstances beyond your control.
3.9. How to Apply for an SB-1 Visa
- Contact the U.S. Embassy: Reach out to the nearest U.S. embassy or consulate.
- Complete Application Forms: Fill out the required application forms.
- Gather Documents: Collect evidence of your U.S. ties and the reasons for your extended stay abroad.
- Attend an Interview: Schedule and attend an interview with a consular officer.
3.10. Tips for Maintaining U.S. Residency While Abroad
- File U.S. income taxes as a resident.
- Maintain U.S. bank accounts and credit cards.
- Keep a valid U.S. driver’s license.
- Own property or run a business in the U.S.
- Maintain family and community ties in the U.S.
- Return to the U.S. regularly for short visits.
4. Understanding Continuous Residence for Naturalization
If you plan to apply for U.S. citizenship, you need to meet certain requirements, including continuous residence. Traveling outside the U.S. can affect your eligibility for naturalization.
4.1. What Is Continuous Residence?
Continuous residence means living in the U.S. for a specified period without significant interruptions. Generally, you must have continuous residence for at least five years before applying for naturalization (or three years if married to a U.S. citizen).
4.2. How Does Travel Affect Continuous Residence?
Absences from the U.S. can disrupt your continuous residence. Any single trip lasting six months or more can break your continuous residence.
4.3. Preserving Continuous Residence for Naturalization (Form N-470)
If you need to be outside the U.S. for an extended period for work or other reasons, you can file Form N-470, Application to Preserve Residence for Naturalization Purposes.
4.4. Who Should File Form N-470?
You should file Form N-470 if you are a permanent resident who needs to be outside the U.S. for one year or more for qualifying employment reasons.
4.5. Requirements for Filing Form N-470
- You must have been physically present in the U.S. as a permanent resident for at least one year.
- You must be employed by a U.S. employer or organization.
- Your absence must be for qualifying employment reasons.
4.6. Qualifying Employment Reasons for Form N-470
- Employment by the U.S. government.
- Employment by a U.S. research institution.
- Employment by a U.S. firm engaged in foreign trade.
- Employment by a public international organization of which the U.S. is a member.
- Religious work as a minister, priest, or missionary.
4.7. How to File Form N-470: Step-by-Step
- Download Form N-470: Obtain the latest version of Form N-470 from the USCIS website.
- Complete the Form: Fill out all sections of the form accurately.
- Gather Supporting Documents: Collect all necessary documents, including proof of employment and permanent resident status.
- Write a Cover Letter: Explain the reasons for your extended absence.
- Pay the Fee: Include the correct filing fee.
- Mail the Application: Send the completed form and all supporting documents to the appropriate USCIS Lockbox.
4.8. Required Documents for Form N-470
- A copy of your Green Card (Form I-551).
- A completed Form N-470, Application to Preserve Residence for Naturalization Purposes.
- Proof of your qualifying employment.
- Evidence of your ties to the U.S.
4.9. What If I Don’t File Form N-470?
If you don’t file Form N-470 and you are absent from the U.S. for an extended period, you may break your continuous residence, which could delay your eligibility for naturalization.
4.10. Tips for Preserving Continuous Residence
- File Form N-470 if you need to be outside the U.S. for an extended period.
- Keep your trips as short as possible.
- Maintain strong ties to the U.S.
5. Traveling with a Pending Adjustment of Status: Scenarios and Solutions
Navigating travel during the adjustment of status process can be complex, with different scenarios requiring specific solutions.
5.1. Traveling with an Approved Advance Parole
If you have an approved advance parole document, you can generally travel outside the U.S. and return without jeopardizing your green card application.
5.2. What to Expect When Re-Entering the U.S. with Advance Parole
When you re-enter the U.S. with advance parole, be prepared to show your advance parole document and your passport to the Customs and Border Protection (CBP) officer.
5.3. Potential Issues at the Port of Entry
Even with advance parole, there is a chance you could face questions or delays at the port of entry. The CBP officer will need to verify that you are still eligible to enter the U.S.
5.4. How to Prepare for Re-Entry
- Carry all your immigration documents with you.
- Be prepared to answer questions about your trip.
- Ensure your documents are valid and unexpired.
5.5. Traveling Without Advance Parole: Risks and Consequences
Traveling without advance parole while your green card application is pending can have serious consequences, including the denial of your application and being barred from re-entry into the U.S.
5.6. Emergency Travel Situations
If you have an emergency and need to travel without advance parole, consult with an immigration attorney as soon as possible to understand your options and potential risks.
5.7. Options for Emergency Travel
- Request expedited processing of your advance parole application.
- Seek legal advice on how to mitigate the risks of traveling without advance parole.
5.8. What If My Green Card Application Is Denied While I’m Abroad?
If your green card application is denied while you are abroad, you may not be able to re-enter the U.S. unless you have a valid visa or another form of legal authorization.
5.9. Seeking Legal Assistance
It is always a good idea to consult with an experienced immigration attorney to discuss your specific situation and understand the potential risks and benefits of traveling while your green card application is pending.
5.10. Finding Reliable Legal Counsel
- Look for attorneys who specialize in immigration law.
- Check their credentials and reviews.
- Schedule a consultation to discuss your case.
6. Real-Life Scenarios: Travel During Green Card Processing
Understanding real-life scenarios can help you navigate your own travel plans while your green card is being processed.
6.1. Scenario 1: Visiting Family Abroad
John applied for a green card through marriage and needed to visit his sick mother in his home country. He applied for and received advance parole before traveling.
6.2. Scenario 2: Business Trip
Maria, an entrepreneur, had a critical business meeting in Europe. She applied for advance parole, which was approved, allowing her to attend the meeting and return to the U.S. without issues.
6.3. Scenario 3: Unexpected Travel
David’s father passed away unexpectedly, and he needed to travel for the funeral. He consulted with an attorney and, with their guidance, traveled after explaining the situation to USCIS.
6.4. Scenario 4: Overstaying Abroad
Emily traveled abroad with a re-entry permit but overstayed by a few months due to unforeseen circumstances. She had to apply for a returning resident visa (SB-1) to return to the U.S.
6.5. Scenario 5: Traveling Without Permission
Carlos traveled without advance parole and was denied re-entry into the U.S., jeopardizing his green card application. He sought legal help to appeal the decision.
6.6. Key Takeaways from These Scenarios
- Always obtain advance parole or a re-entry permit before traveling.
- Consult with an immigration attorney for guidance.
- Document all reasons for travel and maintain strong ties to the U.S.
6.7. Common Mistakes to Avoid
- Traveling without advance parole or a re-entry permit.
- Staying outside the U.S. for extended periods without proper documentation.
- Failing to maintain ties to the U.S.
6.8. Preparing for the Unexpected
- Have a contingency plan in case you encounter issues while traveling.
- Keep copies of all your immigration documents in a safe place.
6.9. Importance of Documentation
- Document all your travel plans and reasons for traveling.
- Keep records of your ties to the U.S.
6.10. Seeking Expert Advice
- Consult with an immigration attorney for personalized advice.
- Stay informed about the latest immigration policies and regulations.
7. How SIXT.VN Can Assist with Your Travel Needs in Vietnam
Planning a trip to Vietnam while navigating the complexities of a green card application? SIXT.VN is here to make your travel experience smooth and stress-free. We offer a range of services tailored to meet the unique needs of international travelers.
7.1. Airport Transfer Services
Arrive in Vietnam with ease by booking our reliable airport transfer services. Our professional drivers will ensure you reach your destination safely and comfortably, whether you’re landing in Hanoi, Ho Chi Minh City, or any other major airport.
Alt text: SIXT Vietnam airport transfer service, providing comfortable and reliable transportation for international travelers arriving at Hanoi Airport.
7.2. Hotel Booking Assistance
Finding the perfect accommodation is crucial for a pleasant stay. SIXT.VN can help you book hotels that suit your preferences and budget. From luxury hotels to cozy guesthouses, we have options for every traveler.
Alt text: Variety of hotel options available through SIXT Vietnam booking assistance, catering to different preferences and budgets in Vietnam.
7.3. Tailored Tour Packages
Explore Vietnam’s rich culture and breathtaking landscapes with our tailored tour packages. Whether you’re interested in historical sites, vibrant cities, or stunning natural scenery, we can create a tour that matches your interests.
7.4. Popular Destinations in Vietnam
- Hanoi: Discover the charming capital city with its ancient temples, bustling markets, and delicious street food.
- Ha Long Bay: Cruise through the stunning emerald waters and admire the iconic limestone karsts.
- Ho Chi Minh City: Experience the vibrant energy of Vietnam’s largest city, with its modern skyscrapers and historic landmarks.
- Hoi An: Wander through the picturesque streets of this UNESCO World Heritage Site, known for its colorful architecture and tailor shops.
Alt text: Hoi An Ancient Town, a UNESCO World Heritage Site, offering a colorful and historically rich destination in Vietnam, bookable through SIXT.
7.5. Transportation Options
SIXT.VN offers a variety of transportation options to help you get around Vietnam, including car rentals, private drivers, and shuttle services. We ensure you travel comfortably and efficiently.
7.6. Car Rental Services
Rent a car with SIXT.VN and enjoy the freedom to explore Vietnam at your own pace. We offer a range of vehicles to suit your needs, from compact cars to SUVs.
Alt text: SIXT Vietnam car rental service, providing a range of vehicles from compact cars to SUVs for independent exploration of Vietnam.
7.7. Private Driver Services
Enjoy a hassle-free travel experience with our private driver services. Our experienced drivers will take you to your desired destinations, allowing you to relax and enjoy the scenery.
7.8. Shuttle Services
Our shuttle services provide convenient and affordable transportation between major cities and tourist destinations.
7.9. Support for International Travelers
We understand the challenges international travelers face, and we are committed to providing exceptional support. Our multilingual staff can assist you with all your travel needs, from booking services to providing local insights.
7.10. Contact Information
For any assistance or inquiries, please contact us:
- Address: 260 Cau Giay, Hanoi, Vietnam
- Hotline/Whatsapp: +84 986 244 358
- Website: SIXT.VN
8. Essential Travel Tips for Vietnam
Planning a trip to Vietnam involves more than just booking flights and accommodations. Here are some essential travel tips to ensure a smooth and enjoyable experience.
8.1. Visa Requirements
Check the visa requirements for your nationality before traveling to Vietnam. Many nationalities can enter Vietnam visa-free for a certain period, while others need to apply for a visa in advance.
8.2. Currency and Payment
The official currency in Vietnam is the Vietnamese Dong (VND). While credit cards are accepted in major cities and tourist areas, it’s a good idea to carry cash for smaller establishments and rural areas.
8.3. Health and Safety
Consult your doctor about necessary vaccinations and health precautions before traveling to Vietnam. It’s also important to have travel insurance that covers medical emergencies.
8.4. Local Customs and Etiquette
Respect local customs and traditions. Dress modestly when visiting temples and religious sites, and remove your shoes before entering someone’s home.
8.5. Transportation Tips
- Use reputable taxi services or ride-hailing apps like Grab.
- Negotiate the fare before getting into a taxi.
- Wear a helmet when riding a motorbike.
8.6. Language Basics
Learn a few basic Vietnamese phrases to help you communicate with locals. Simple phrases like “Xin chào” (hello) and “Cảm ơn” (thank you) can go a long way.
8.7. Accommodation Advice
Book your accommodations in advance, especially during peak tourist season. Consider staying in a mix of hotels, guesthouses, and homestays for a diverse experience.
8.8. Food and Drink
Explore Vietnamese cuisine, but be mindful of food safety. Stick to reputable restaurants and street food vendors. Drink bottled water and avoid ice in rural areas.
8.9. Packing Essentials
Pack light, comfortable clothing suitable for Vietnam’s tropical climate. Don’t forget essentials like sunscreen, insect repellent, and a hat.
8.10. Staying Connected
Purchase a local SIM card to stay connected and access the internet. Wi-Fi is widely available in hotels, cafes, and restaurants.
9. Navigating Vietnamese Culture and Customs
Understanding Vietnamese culture and customs can significantly enhance your travel experience. Here are some key aspects to be aware of.
9.1. Greetings and Introductions
Vietnamese people typically greet each other with a slight bow. When meeting someone for the first time, it’s polite to use their formal title and family name.
9.2. Dining Etiquette
- Wait to be seated before starting to eat.
- Use chopsticks to eat and avoid sticking them upright in your rice bowl.
- Offer food to others before serving yourself.
9.3. Visiting Temples and Pagodas
- Dress modestly and remove your shoes before entering.
- Avoid making loud noises or engaging in disruptive behavior.
- Do not point your feet at Buddha images or other religious symbols.
9.4. Gift-Giving Customs
When giving a gift, use both hands and present it with a slight bow. Avoid giving gifts that are black or dark blue, as these colors are associated with mourning.
9.5. Bargaining in Markets
Bargaining is common in Vietnamese markets. Start by offering a lower price than the asking price and be prepared to negotiate.
9.6. Tipping Practices
Tipping is not customary in Vietnam, but it is appreciated for good service. You can tip tour guides, drivers, and restaurant staff.
9.7. Communication Styles
Vietnamese people tend to be indirect in their communication. Pay attention to nonverbal cues and avoid being confrontational.
9.8. Family Values
Family is highly valued in Vietnamese culture. Respect elders and show consideration for family members.
9.9. Avoiding Offense
- Do not touch someone’s head, as it is considered sacred.
- Avoid public displays of affection.
- Do not criticize the government or political system.
9.10. Cultural Sensitivity
Be open-minded and respectful of Vietnamese culture and customs. Show genuine interest in learning about the local way of life.
10. Frequently Asked Questions (FAQs)
10.1. Can I travel outside the U.S. while my green card application is pending?
Yes, but you typically need advance parole to re-enter without jeopardizing your application.
10.2. What is advance parole, and how do I get it?
Advance parole is permission to re-enter the U.S. while your green card application is pending. Apply by filing Form I-131 with USCIS.
10.3. How long does it take to get advance parole?
Processing times vary but typically range from 3 to 5 months.
10.4. What happens if I travel without advance parole?
Your green card application may be considered abandoned, and you could be denied re-entry.
10.5. How long can I stay outside the U.S. without abandoning my green card?
Generally, up to one year. For longer trips, obtain a re-entry permit.
10.6. What is a re-entry permit, and who needs one?
A re-entry permit allows permanent residents to stay outside the U.S. for up to two years. Apply if you plan to be away longer than one year.
10.7. Can I apply for a re-entry permit from outside the U.S.?
No, you must be physically present in the U.S. when you file Form I-131 for a re-entry permit.
10.8. How does travel affect my eligibility for naturalization?
Extended absences can disrupt your continuous residence, potentially delaying your eligibility.
10.9. What is Form N-470, and who should file it?
Form N-470 preserves your continuous residence for naturalization purposes. File it if you need to be outside the U.S. for one year or more for qualifying employment reasons.
10.10. Where can I get reliable travel assistance in Vietnam?
SIXT.VN offers airport transfers, hotel booking assistance, tailored tour packages, and transportation options to make your trip seamless.
Planning your travels while your green card application is pending requires careful consideration and adherence to specific guidelines. SIXT.VN is committed to providing reliable and convenient services to ensure your trip to Vietnam is enjoyable and stress-free. From airport transfers and hotel bookings to tailored tour packages, we have everything you need to explore Vietnam with confidence. Contact us today to start planning your adventure!
