Can I Return To Visit My Parents While My Immigration Papers Are Pending?
There are two ways to look at this question. Are you currently in the U.S. and want to visit your parents, who are in another country, or are you currently outside of the U.S. and want to visit your parents who live in the U.S.? In both cases, you might qualify to travel and meet your parents. Although your immigration papers are still pending, but taking this path is fraught with challenges.
You’re Currently Outside Of The U.S.
A green card application can take years to process. If your immigration papers are pending and you want to travel to the U.S. to meet your parents during this period, you may think about entering the country by applying for a visitor visa.
These come in the form business visas (B-1), tourist visas (B-2), and a combination of both (B-1/B-2). However, qualifying for these visas with a pending immigration application requires that you meet some stringent criteria. And for that you can do a google search for the phrase “immigration lawyer near me” for a hassle free immigration work.
Applying For a B Visa
Applying for a B visa does not hamper your chances of getting a green card, provided you are completely truthful in your application. This is because falsifying information in your visa application can have a long standing effect on your ability to immigrate to the U.S. Through your application for a visa, you need to demonstrate that:
- You intend staying in the U.S. temporarily (which can be problematic given your existing application to immigrate)
- Binding responsibilities in your home country require that you return within a stipulated time period
- You have the financial capability to take care of your expenses while you’re in the U.S.
You’re Currently In The U.S.
If you live in the U.S., have filed your immigration papers, and want to travel out of the country to meet your parents, the process isn’t particularly simple. This is because you need to get an advance parole travel document, and not getting one can come with rather undesired consequences.
How Advance Parole Works
If you don’t get an advance parole document before you leave the U.S. while on a pending immigration application, the United States Citizenship and Immigration Services (USICS) may consider that you have abandoned your application to immigrate. In addition, U.S. Customs and Border Patrol authorities might not let you enter the country upon your return.
Applying For Advance Parole
You need to file form I-131, Application for Travel Document to apply for an advance parole travel document. In addition to completing the form, you need to provide additional legal information. This includes providing a copy of a USCIS-issued document that highlights your existing residency status in the U.S.
No Guaranty Of Re-Entering
Even if you get an advance parole travel document. The decision to let you enter the country upon your return rests with the US Customs and Border Patrol. While denying entry to people who have advance parole travel documents is not common. You must account for this possibility before you consider leaving the country.
As far as possible, avoid leaving the U.S. while your immigration papers are pending, no matter whether it is to meet your parents, spouse, children, or other family members. If you do need to travel, consider using the assistance of an immigration specialist or Call: 215-587-9787 to strengthen your case.