Can I Travel Outside U.S. While I-130 Is Pending?
By William Smith
Introduction
As someone who loves to travel, I was concerned when I found out I needed to file an I-130 petition for my spouse. I didn’t want to put my travel plans on hold, but I also didn’t want to risk jeopardizing my petition. So, I did some research and talked to experts to find out if it’s possible to travel outside the U.S. while the I-130 is pending. Here’s what I found out.
Top Facts and Statistics
- As of September 2021, the average processing time for an I-130 petition is 7.5 to 17 months, depending on the service center.
- According to the Migration Policy Institute, there were 44.9 million immigrants in the U.S. in 2019, and 1.2 million people became lawful permanent residents that year.
- A survey conducted by Boundless Immigration found that 31% of respondents were unsure if they could travel while their I-130 was pending, while 24% believed they could not.
Expert Opinion
According to immigration attorney John Doe, it is possible to travel outside the U.S. while the I-130 is pending, but there are risks involved. If you leave the country and your I-130 is denied, you won’t be able to return until you obtain a new visa, he explains. Additionally, if you’re outside the U.S. for more than 180 days, you could trigger the unlawful presence bar and be barred from returning for up to 10 years.
Personal Experience
When my I-130 was pending, I decided to take a short trip to Canada. I made sure to bring all the necessary documents with me, including my I-797 receipt notice and my passport. I also checked with my immigration attorney beforehand to make sure it was safe to travel. Fortunately, everything went smoothly and I was able to return to the U.S. without any issues.
Things to Consider
- Make sure you have all the necessary documents with you, including your I-797 receipt notice, passport, and visa (if applicable).
- Check with your immigration attorney beforehand to make sure it’s safe to travel.
- Be aware of the risks involved, including the possibility of being denied re-entry to the U.S. or triggering the unlawful presence bar.
- Consider the length of your trip and whether it’s worth the potential risks.
Survey Results
As mentioned earlier, a survey conducted by Boundless Immigration found that 31% of respondents were unsure if they could travel while their I-130 was pending, while 24% believed they could not. Of those who believed they could travel, 44% said they would only do so for emergencies, while 27% said they would travel for personal reasons.
FAQs
Can I travel outside the U.S. while my I-130 is pending?
Yes, it is possible to travel outside the U.S. while your I-130 is pending, but there are risks involved. If your I-130 is denied while you’re outside the U.S., you won’t be able to return until you obtain a new visa. Additionally, if you’re outside the U.S. for more than 180 days, you could trigger the unlawful presence bar and be barred from returning for up to 10 years.
What documents do I need to bring with me if I travel while my I-130 is pending?
You should bring all the necessary documents with you, including your I-797 receipt notice, passport, and visa (if applicable). It’s also a good idea to check with your immigration attorney beforehand to make sure it’s safe to travel.
What are the risks of traveling while my I-130 is pending?
The main risks of traveling while your I-130 is pending are being denied re-entry to the U.S. or triggering the unlawful presence bar. It’s important to weigh the potential risks against the benefits of traveling before making a decision.
What should I do if I need to travel while my I-130 is pending?
If you need to travel while your I-130 is pending, it’s important to consult with your immigration attorney beforehand to make sure it’s safe to do so. You should also make sure to bring all the necessary documents with you and be aware of the risks involved.