If you are a lawful permanent resident (LPR) of the United States and are currently in removal proceedings, you may be wondering if you are allowed to travel outside of the country. The answer is not a simple yes or no, as there are several factors that need to be considered. In this article, we will discuss the rules and regulations surrounding LPR travel while in removal proceedings, as well as the potential consequences of leaving the country during this time.
Understanding LPR Status and Removal Proceedings
Before we dive into the topic of LPR travel while in removal proceedings, it is important to understand what these terms mean. A lawful permanent resident, also known as a green card holder, is someone who has been granted authorization to live and work in the United States permanently. This status is typically obtained through family sponsorship, employment, or refugee/asylum status.
On the other hand, removal proceedings refer to the legal process in which an individual is facing deportation from the United States. This can happen for a variety of reasons, such as criminal convictions, immigration violations, or overstaying a visa. If you are in removal proceedings, it means that the government is seeking to remove you from the country.
Rules and Regulations for LPR Travel While in Removal Proceedings
As an LPR, you are generally allowed to travel outside of the United States and re-enter with your green card as long as you have not abandoned your permanent residence. However, if you are in removal proceedings, the rules regarding travel become more complicated.
According to the U.S. Citizenship and Immigration Services (USCIS), if you are in removal proceedings, you must obtain permission from the immigration judge before leaving the country. This is known as a “travel document” and can be requested by filing Form I-131, Application for Travel Document. The judge will review your case and determine if your travel is necessary and will not interfere with your removal proceedings.
It is important to note that even if you have a valid travel document, you may still be denied re-entry into the United States if you are deemed inadmissible by a U.S. Customs and Border Protection (CBP) officer. This can happen if you have certain criminal convictions or immigration violations on your record.
Consequences of Traveling While in Removal Proceedings
If you leave the country without obtaining a travel document or without the permission of the immigration judge, you may be considered to have abandoned your permanent residence. This means that you have given up your green card and will not be allowed to re-enter the United States.
Additionally, if you are in removal proceedings and leave the country, you may be considered to have “self-deported.” This can negatively impact your case and make it more difficult for you to fight your removal.
Frequently Asked Questions
1. Can I travel outside of the United States if I am in removal proceedings but have not been placed in detention?
Yes, you may be able to travel with a valid travel document and permission from the immigration judge.
2. Can I travel outside of the United States if I have a pending application for adjustment of status?
No, if you have a pending application for adjustment of status, you are not allowed to travel outside of the country without first obtaining advance parole from USCIS.
3. Can I travel outside of the United States if I have a criminal conviction?
It depends on the type of conviction and whether or not you have a valid travel document. Certain criminal convictions can make you inadmissible to the United States and may result in denial of re-entry.
In Conclusion
In short, lawful permanent residents who are in removal proceedings must obtain permission from the immigration judge before leaving the country. Failure to do so can result in abandonment of permanent residence and make it more difficult to fight your removal. If you are in this situation, it is important to consult with an experienced immigration attorney before making any travel plans.
FAQs
1. Can I travel outside of the United States if I am a conditional permanent resident?
Yes, as a conditional permanent resident, you are allowed to travel outside of the country with a valid travel document and permission from the immigration judge.
2. Can I travel outside of the United States if I have a pending asylum application?
No, if you have a pending asylum application, you are not allowed to travel outside of the country without first obtaining advance parole from USCIS.
3. Can I travel outside of the United States if I have a removal order?
No, if you have a removal order, you are not allowed to travel outside of the country without first obtaining permission from the immigration judge. Leaving the country in this situation can result in a permanent bar from re-entering the United States.
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