Can You Leave the Country After a Green Card is Approved? Navigating Travel Rules for Permanent Residents

When facing the approval of a green card, the natural question arises: can one leave the country immediately after approval? The answer involves a careful understanding of the visa process and some prudent planning.

The Green Card Approval Process

Following the approval of a green card, the individual doesn't have immediate permission to travel. Typically, there is a waiting period during which the physical green card is processed and sent to the applicant. However, there are exceptions:

Exchange Visas Abroad: If the applicant is outside the United States and their green card is approved while they are abroad, they generally need to enter the U.S. with a valid immigrant visa before they can obtain their green card. U.S. Permanent Residents Planning Travel: If the applicant is already in the U.S. and has received approval but has not yet received the physical card, they may be able to travel with their approval notice Form I-797. However, it's crucial to carry this document and any other relevant documents to present to immigration authorities upon re-entry.

In cases where an immediate departure is required, applicants can try to make an information passport appointment with USCIS to obtain a stamp that will allow them to travel and re-enter as a permanent resident.

Legalities and Practical Advice

The legal framework for traveling with a pending green card approval involves several considerations:

1. Proof of LPR Status:

The I-551 stamp in the passport is evidence of LPR (Lawful Permanent Resident) status. It's crucial to remember to have someone at home to collect the green card when it arrives through the mail. If you believe you will be away from the home for more than six months, consider obtaining a re-entry permit to "immunize" yourself against CBP (Customs and Border Protection) requests to forfeit your green card at the port of entry.

2. CBP Examination:

Avoiding secondary examinations at the port of entry, if possible, is ideal. However, it's important to be prepared for the possibility of being sent to secondary. This is a standard practice, but CBP will want to determine why you arrived as an immigrant, then departed the country without your green card. Be prepared to answer questions convincingly, especially if you own property and have bank accounts in the U.S., which can serve as strong evidence of your permanent residence.

Example: The Parable of the Two Girls

To illustrate the attitude we should have, consider the parable of two girls each asked their wealthy fathers for a pony. The first girl appreciated the opportunity and expressed her intentions to responsibly care for the pony. The second girl, on the other hand, was more focused on the convenience and aesthetics. In the context of obtaining a green card and leaving the country, we should aim to demonstrate our genuine commitment to the U.S. as our permanent home. It's perfectly legal to leave the country with a pending green card, just ensure you're prepared for any post-departure questions and carry your necessary documents.

Conclusion

While it is legally permissible to leave the country after obtaining a green card approval, it's essential to plan accordingly and be prepared for the potential scrutiny at the border. Immigration laws can be complex, and seeking professional advice from an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) can provide additional guidance tailored to individual circumstances.