I recently applied for a green card, and it’s not been approved yet. Can I still travel? Maybe!

Generally, if you leave the US before your application gets approved, the US will consider that you have abandoned the application. This is why you need to file a travel document (I-131) with your green card application. Once your travel document gets approved, you may travel outside the US even though your green card application is still pending.

However, what if your travel document is still pending but you have an emergency to travel outside the US? You have several options. First, you may seek for Expedite Request. Second, you may seek for Emergency Advance Parole (EAP). Today, let’s focus on EAP. EAP is another version of the travel document. To apply EAP, you will need to file I-131 and show that you are filing I-131 for EAP purposes. This can be done in person at the USCIS. When you appear at the USCIS, you need to bring the evidence that proves your emergency. You also need to bring two passport pictures and a filing fee. For more information

For EAP, you need to face an emergency that requires you to travel outside the US very soon.

Example 1. Your parent passed away. This is a common reason for granting the EAP. What about other relatives? An immigration services officer has the discretion to adjudicate the EAP. So if you are seeking EAP because your grandparent passed away, you need to prove that you were very close to the grandparent. But seeking approval for EAP based on grandparent is much harder than a parent.

Example 2. You’re a parent and you need to sign a document for your minor child who is in a foreign country. I had an applicant who was seeking EAP because her minor child was injured in a foreign country, and the hospital required her to visit and signed the medical treatment form. I believed this was an emergency and approved the EAP application.

The burden is on the applicant’s side. So if you have to travel immediately, bring all the evidence to convince an immigration services officer that you do have an “emergency.”