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Traveling While Permanent Residence is Pending

Table of contents

Introduction, understanding the implications of traveling while the permanent residence is pending, factors to consider before making travel plans during the permanent residence process, potential risks and challenges of traveling during the pending permanent residence status, how to mitigate potential travel complications while awaiting permanent residence approval, alternatives to international travel during the permanent residence application process, important documents and paperwork to carry while traveling with a pending permanent residence application, tips for communicating with immigration authorities during travel with a pending permanent residence application, importance of professional guidance during the travel planning process, summary – traveling while permanent residence is pending, do you need to talk to an immigration attorney about traveling while your permanent residence application is pending .

Traveling can be an exciting and enriching experience. However, when you have a pending permanent residence application, it’s important to understand the implications and potential risks involved. The decision to travel while your permanent residence is pending requires careful consideration of various factors. These include the potential impact on your application and the challenges you may face. 

In this article, we will explore the key aspects of traveling while your permanent residence is pending. We’ll provide insights, strategies, and precautions to help you navigate this complex process. 

Understanding the rules, assessing the risks, and seeking appropriate guidance can help you make informed decisions. You’ll also be able to take the necessary steps to ensure a smooth travel experience while awaiting your permanent residence approval.

When your permanent residence application is still pending, it’s necessary to understand the implications of traveling. Immigration rules and regulations can be complicated, so you must familiarize yourself with them to avoid surprises or setbacks.

Traveling while your permanent residence application is pending can potentially affect the outcome. Depending on the circumstances, it could lead to delays, complications, or even denial of your application. Therefore, you should consider the potential consequences before making any travel plans.

Below is a list of important factors to consider when making travel plans during the permanent residence application process in the United States: 

• Travel Urgency : Before you start packing your bags, evaluate the urgency of your travel plans. Is it a necessity or more of a desire? Understanding the importance of your trip will help you make an informed decision and weigh the risks against the benefits.
• Application Stage : Consider where you are in the application process. If you’re waiting for a decision, traveling might affect it.
• Travel Restrictions : Check if there are any rules about traveling while your application is being processed.
• Documentation : Ensure you have all necessary documents for both travel and your application.
• Residency Requirements : Some processes require you to be present in the country. Check if your travel might affect your eligibility.
• Interviews/Appointments : If there are upcoming interviews or appointments, plan your travel around them.
• Address Updates : If you move, update your address promptly to receive important notifications.
• Processing Times : Understand how long your travel might delay the processing of your application.
• Risks : Consider travel risks, like delays, missing important updates, or potential regulation changes.

The potential challenges individuals might experience when traveling during the pending permanent residence status are: 

• Possible Delays and Complications in the Application Process

Traveling during the pending permanent residence status can lead to delays and complications in the application process. Missing important correspondence or interviews while abroad can hinder the progress of your application, causing unnecessary delays.

• Risk of Being Denied Entry or Facing Immigration Issues

There’s a risk of being denied entry or facing immigration issues upon your return if you travel while your permanent residence application is pending. Immigration officers might question your travel intent and need further clarification before allowing you to enter the country again.

To navigate the complexities of traveling while your permanent residence application is pending, it’s advisable to seek guidance from an immigration lawyer. They can provide personalized advice based on your specific circumstances and help you understand the potential risks involved.

If your desire to travel is strong but not urgent, consider exploring options for travel within the country. This way, you can satisfy your wanderlust without jeopardizing your permanent residence application. Remember, while it’s tempting to jet off to faraway lands, consider the potential implications of your pending permanent residence application. 

Related: Abandonment of Green Card (Permanent Residence)

• Domestic Tourism 

While waiting for your permanent residence application to be processed, it’s the perfect time to discover the hidden gems in your backyard. Domestic tourism offers a chance to explore the sights and cultures of your own country. From national parks to vibrant cities, plenty of adventures are waiting to be had. Plus, you won’t have to worry about immigration issues or travel restrictions.

• Virtual Travel 

If you’re craving the thrill of international travel but can’t physically be there, don’t fret! Virtual travel has become increasingly popular, allowing you to take virtual tours, watch travel documentaries, and participate in virtual cooking classes worldwide. While it may not fully satisfy your wanderlust, it’s a fun and informative way to explore the world. You can do this while waiting for your permanent residence.

Enjoy a relaxing stay at home or within your local area. Treat yourself to activities you might not have done otherwise.

• Visit Friends and Family

If possible, visit friends or family who are nearby. This way, you can spend time with loved ones without leaving your country.

Here are the important documents and paperwork you should carry while traveling with a pending permanent residence application in the United States:

• Passport and Visa : These are essential for international travel. Make sure your passport is valid for the duration of your trip. Carry any relevant visas, such as your U.S. visa.
• Form I-797, Notice of Action : This document shows that the U.S. Citizenship and Immigration Services (USCIS) has received your application. It contains your case number and other details.
• Travel Authorization (Advance Parole) : If you’ve applied for an Adjustment of Status ( Form I-485 ), you might need an approved Advance Parole document to re-enter the U.S. while your application is pending. It’s advisable to have this even if you have a valid visa.
• Copy of Application Forms : Carry photocopies of all the forms you submitted, including Form I-485 and any related forms. These can serve as a reference in case of inquiries.
• Receipts and Payment Proof : Have copies of payment receipts as evidence of fee payment for your application. This helps confirm your application is in process.
• Passport Photos : Some situations might require you to provide recent passport-sized photos. Having extras on hand can be helpful.
• Proof of Address and Contact Information : Carry documents that show your current U.S. address, such as utility bills or rental agreements. This helps in maintaining communication with USCIS.
• Employment Authorization Document (EAD) : If you’ve applied for work authorization, carry your EAD card. This shows that you’re allowed to work in the U.S.
• Valid Driver’s License or State ID : These are important forms of identification, especially if you’re driving within the U.S.
• Health Insurance : Having health insurance coverage can be important in case of medical emergencies during your travel.
• Proof of Travel Plans : Provide a clear itinerary that shows your travel dates and destination. This can help clarify your intentions if questioned by authorities.
• Legal Counsel Contact Informa tion : Have the contact details of your immigration attorney in case any urgent issues arise.

The following are tips for communicating with immigration authorities during travel with a pending permanent residence application:

• Being Prepared to Answer Questions About the Pending Application

During your travels, you may encounter immigration authorities with questions about your pending permanent residence application. It’s important to be prepared to answer their inquiries confidently and honestly. Familiarize yourself with the details of your application, such as the purpose of your travel and your expected return date. This will help ease any concerns and ensure a smoother interaction.

• Maintaining Open and Honest Communication

When dealing with immigration authorities, honesty is always the best policy. If asked about your permanent residence application status, providing accurate information and transparency about any changes or updates will help establish trust. It’s better to communicate openly and address any concerns they may have rather than trying to conceal or misrepresent the details.

Traveling during the pending permanent residence application process can be complex, with potential legal implications. Seeking professional advice from an immigration lawyer or consultant can provide valuable insights and guidance specific to your case. They can assist you in understanding any travel restrictions, potential risks, and necessary precautions, ensuring you confidently navigate the process.

While it’s exciting to venture out and explore new destinations, it’s important to understand the legal implications and risks associated with traveling while your permanent residence application is pending. Consulting with legal professionals will help you make informed decisions and minimize potential complications arising from your travel plans. 

Traveling while your permanent residence is pending requires thorough understanding, careful planning, and potential adjustments to your travel plans. Evaluating the risks, seeking legal advice, and staying informed about the rules and regulations help you navigate the travel process more confidently. Prioritize the progress of your permanent residence application and make informed decisions to avoid unnecessary complications that may arise during your travels. 

Remember to carry essential documents, communicate openly with immigration authorities, and explore alternative travel options. These precautions can help you make the most of your travel experiences while ensuring the smooth progress of your permanent residence application.

To get the right guidance and representation, you can reach our experienced attorney by dialing 914-481-8822. An attorney will provide you with information, representation, and legal travel guidance while your permanent residence application is pending.

@immigrationlawyer_usa Travelling while permanent residence is pending #immigrationlawyer_usa #immigrationlawyer #immigrationattorney #inmigracion #abogadodeinmigracion #residencia #asilo #residencia #greencard #permanentresidency #usagreencard #usaimmigration ♬ original sound – Gergana Genova

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Can I travel outside the U.S. after filing Form N-400?

Home » Can I travel outside the U.S. after filing Form N-400?

April 20, 2021

Your absence after submitting Form N-400 can interfere with the application process. Two of the most likely ways are naturalization appointments and meeting your eligibility requirements.

Naturalization Appointments

You generally must attend three essential appointments during the naturalization process. Travel during this period can disrupt the N-400 processing time line . USCIS will schedule you for a biometrics appointment within a few weeks of filing the naturalization application. Most people will have to wait a few months until the next appointment, the naturalization interview. Finally, the oath ceremony is when permanent residents officially become U.S. citizens. You may reschedule these appointments, but it will significantly delay your naturalization process. USCIS will eventually deny the N-400 if the appointment notices are ignored.

RECOMMENDED: What Happens at a USCIS Naturalization Interview

Travel outside the U.S. after filing Form N-400 for short periods of time is usually not a problem if you’re keeping track of these appointments. If you must travel during the naturalization process for a long period, have a trusted friend or family member open any mail that arrives from USCIS.

Mistakes on your N-400 application can cause costly delays or a denial.

Continuous residence & physical presence.

The continuous residence and physical presence requirements for naturalization remain in effect after filing Form N-400. Therefore, it’s important that you don’t take a lengthy trip (more than 180 days) and are mindful of your accumulated time outside the country.

USCIS will presume that you’ve disrupted the continuous residence requirement if your travel outside the United States is six months or more. A break in continuous residence will result in an N-400 denial.

If you’ve already spent significant time outside the United States over your statutory period, you need to be careful about spending too much time abroad. For candidates applying on the basis of five years as a permanent resident, you’ll need 30 months of physical presence in the U.S. Travel during the naturalization period will continue to count against the physical presence requirement.

RECOMMENDED: Travel Abroad Affects N-400 Citizenship Eligibility

Travel Outside the U.S. After Filing Form N-400

In summary, travel outside the U.S. after filing Form N-400, Application for Naturalization, is permitted. As always, permanent residents are subject to inspection and will be required to provide valid proof of permanent residence (typically a green card) upon reentry to the United States. Additionally, all applicants should understand how travel may affect their application.

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Can I Travel Abroad While My Adjustment of Status Application Is Pending?

Find out why it’s generally not a good idea to travel while your green card application is processing, in this guide.

• Traveling Outside the U.S. While Your Application Is Pending
• Traveling Inside the U.S. While Your Application Is Pending
• Related Information

If you’ve applied for a green card via the adjustment of status process, you may be wondering if you’re permitted to travel outside the U.S. without jeopardizing your application. In this guide, you will learn why traveling abroad while your application is pending is risky, and what your options are.

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In general, if you have not yet received a decision on your application, you should avoid traveling outside the United States while your adjustment of status application is pending. U.S. Citizenship and Immigration Services (USCIS) considers leaving the country while your application is still under review as abandoning it, resulting in immediate denial.

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Obtaining a Travel Permit

If traveling abroad is unavoidable due to work or family needs, you can apply for a travel permit that will allow you to leave the country while your adjustment of status application is being processed. This document, known as “advance parole,” will allow you to re-enter the U.S. as long as it’s still valid at the time of re-entry.

You cannot travel outside the U.S. until your travel permit has been approved. USCIS will deny your adjustment of status application if you travel abroad without an approved travel permit.

Fortunately, traveling within the U.S., including visiting family members in other states or taking a vacation within U.S. borders, will not affect your adjustment of status case at all — even if it’s still pending with USCIS. Keep in mind, however, that any trips taken during this period should only be taken for pleasure or leisure; employment-related trips are strictly prohibited until you receive your Employment Authorization Document (EAD) or your green card application is approved.

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International Travel During I-140 Process: Can I Travel with My Application Pending?

If you have an i-140 pending and need to travel internationally, it is possible, but precautions must be taken. you should consult with an immigration attorney to discuss your specific situation, as well as consider obtaining advance parole to ensure a smooth re-entry to the us..

Key Takeaways:

• Traveling internationally with a pending I-140 can affect your immigration status and application process.
• Applying for Advanced Parole and consulting an immigration attorney are important steps to consider before international travel .
• Careful preparation and legal guidance are crucial to avoid jeopardizing your I-140 and journey towards permanent residency.

Understanding the I-140 Process and International Travel

Can you travel internationally with an i-140 pending.

If you’re in the midst of applying for a U.S. green card, you might wonder about your ability to travel outside the country. Specifically, if you have an Application for Immigrant Visa and Alien Worker (Form I-140) pending, you may have concerns about how international travel could affect your application.

The Impact of International Travel on Your I-140 Application

Traveling abroad while your I-140 is pending is a common concern for many applicants. It’s crucial to understand that traveling internationally during this time may have certain implications for your immigration status and application process.

Advanced Parole and Maintaining Status

Before planning any travel, you should assess your current immigration status. If you are also undergoing Adjustment of Status (AOS), the process of becoming a lawful permanent resident while in the U.S., you may need to apply for Advanced Parole using Form I-131. Advanced Parole allows you to leave and reenter the U.S. without abandoning your pending AOS application. Without this document, your AOS could be considered abandoned.

It’s important to note that even with Advanced Parole, reentry to the U.S. is not guaranteed. U.S. Customs and Border Protection officers have the discretion to permit or deny admission.

Also of Interest:

Visa interview dress code for usa in india: guidelines, visa interview questions your sibling must know to enter usa, consulting with an immigration attorney.

“Every case is unique, and the implications of international travel can vary,” experts often say. Therefore, legal guidance from an immigration attorney can be invaluable. They can provide personalized advice based on your specific circumstances.

Planning Your Travel While Your Green Card Application Is Pending

To avoid potential problems, here are some steps to consider if you need to travel internationally while your I-140 or green card application is pending:

• Consult with an Immigration Lawyer: Prior to making any travel plans, speak with a lawyer who specializes in immigration law. They can offer advice on how travel might affect your specific case.

Check Your Visa Status: Ensure your visa allows for multiple entries into the U.S. If your visa is single-entry or expired, you will need to obtain a new one before returning to the U.S.

Consider Advance Parole: If you have filed for an Adjustment of Status, apply for Advance Parole before leaving the U.S.

Keep Documentation Handy: Carry all relevant immigration documents with you, such as copies of your I-140 receipt notice and any other USCIS correspondences.

Conclusion: Proceed with Caution

Traveling while your green card application is pending requires careful consideration. Make sure to have all your paperwork in order and seek legal counsel to ensure your international travel during the I-140 process doesn’t derail your plans for permanent residency in the United States.

For additional information on traveling while an immigration application is pending, visit the U.S. Citizenship and Immigration Services (USCIS) website , or consult an immigration attorney.

Remember, maintaining legal immigration status and abiding by all USCIS regulations is paramount throughout the green card application process. With the right preparation, you can manage international travel without jeopardizing your pending I-140 and the journey to permanent residency.

So there you have it, my tech-savvy friend! Traveling internationally with a pending I-140 can be a bit of a puzzle, but with the right preparation and some legal guidance, you can navigate it like a pro. Just remember to consult an immigration attorney, check your visa status, consider Advance Parole, and keep all your documents in order. And if you’re hungry for more info, head on over to visaverge.com to satisfy your immigration curiosity! Safe travels and happy exploring!

FAQ’s to know:

FAQ 1: Can I travel internationally while my I-140 application is pending?

Answer: Yes, you can travel internationally while your I-140 application is pending. However, it is important to understand that international travel during this time may have implications for your immigration status and application process. Consult with an immigration attorney to assess your specific case and understand the potential impact of traveling abroad.

FAQ 2: How can I maintain my status and travel internationally while undergoing Adjustment of Status (AOS)?

Answer: If you are undergoing Adjustment of Status (AOS) while your I-140 application is pending, you may need to apply for Advance Parole using Form I-131. Advance Parole allows you to leave and reenter the U.S. without abandoning your pending AOS application. Always consult with an immigration lawyer to ensure your specific circumstances are considered and to understand the requirements and limitations of traveling with Advance Parole.

FAQ 3: What precautions should I take if I need to travel internationally while my green card application is pending?

Answer: If you need to travel internationally while your I-140 or green card application is pending, consider the following steps: 1. Consult with an immigration lawyer to receive personalized advice based on your specific case. 2. Check your visa status to ensure it allows for multiple entries into the U.S. 3. Apply for Advance Parole if you have filed for Adjustment of Status. 4. Carry all relevant immigration documents with you, such as copies of your I-140 receipt notice and any other USCIS correspondences.

By following these recommendations and seeking legal guidance, you can travel internationally while minimizing potential problems that could negatively impact your pending I-140 or green card application.

What did you learn? Answer below to know:

• True or False: Traveling internationally while your I-140 is pending can potentially affect your green card application process.
• What is the purpose of Advanced Parole when traveling internationally during the I-140 process? a) To guarantee reentry to the U.S. b) To obtain a new visa c) To maintain the pending Adjustment of Status application d) To consult with an immigration attorney
• What are some recommended steps to take when planning international travel while your I-140 or green card application is pending? a) Apply for a new visa before leaving the U.S. b) Seek legal advice from an immigration lawyer c) Carry copies of USCIS correspondences during travel d) All of the above

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Can I Travel as a Legal Permanent Resident with a Pending N-400?

You have been patiently awaiting your opportunity to apply for Naturalization and that time has finally come! Now you have a pending N-400 Application for Naturalization and want to know if it is possible to travel during this pending stage.

First, travel is permissible during the application process for U.S. naturalization and alongside it being permissible there are no travel restrictions once you have filed your form N-400, Application for Naturalization. Why are there no restrictions? There are no restrictions because you are a green card holder and as a green card holder you are a permanent resident allowed to travel abroad even with a pending naturalization application.

Second, although you do not have any travel restrictions you do still have residence and physical presence requirements you must satisfy to maintain your legal permanent resident status within the U.S. For this reason it is important that any trip you plan to take must not be for longer than 180 days and you must remain mindful of the amount of accumulated time that you spend outside of the U.S. If you accrue more than 180 days outside of the U.S., USCIS will presume that you have disrupted the continuous residence requirement, consider your continuous presence broken, and will deny your N-400. For reference:

• If you are applying for naturalization based on 5 years as a permanent resident then you will need to show that you have at least 30 months of physical presence within the U.S. in order to have maintained your status.
• If you are applying for naturalization based on 3 years as a permanent resident as a qualified spouse of a U.S. citizen, then you must show at least 18 months of physical presence within the U.S. in order to have maintained your status.
• Additionally, in all cases, you must show that you have resided for at least 3 months immediately prior to filing form N-400 in the USCIS district or state where you claim to have residency.

Third, there are 3 major and essential naturalization appointments during the process and attendance to these appointments is paramount to the success of your N-400 application:

• Your biometrics appointment within a few weeks of filing your application;
• Your naturalization interview; and
• Your oath ceremony to officially become a citizen in the U.S.

Careful consideration of when you travel is important because should these appointments be scheduled during your time outside the U.S., it can lead to unnecessary complications. While it is possible to reschedule these appointments doing so would only likely lead to significant delay in your naturalization process. Moreover, ignoring the appointment notices will more than likely lead to a denial of your application.

Fourth and lastly, while there are no restrictions, per se, to your ability to travel outside the U.S. with a pending N-400 it would be wise to err on the side of caution and remain within the U.S. until your application has been adjudicated to ensure that you do not miss any appointments, do not need to reschedule any appointments because of your absence, and prevent avoidable delays.

Please always consider seeking advice with an experienced immigration attorney when making travel decisions during any portion of the Green Card or Naturalization application process.

By: Juanita Deaver

Juanita Deaver  is a Staff Attorney in the I-140 and AOS Department, where she assists clients in the middle and later stages of the green card process.

Juanita earned her J.D. from South Texas College of Law Houston in May 2021. As a law-student, Juanita interned at a non-profit organization where she discovered her passion for immigration while working on family-based cases helping file I-130 petitions and I-485 adjustments of status. During her time at South Texas, she further pursued her interest in the field of immigration law through enrollment in the school’s Immigration Clinics where she worked on TPS, T visas, and DACA cases. Her experience working with families and clients in emergency situations has provided Juanita the tools and experience to provide clear and concise explanations to the seemingly daunting immigration process.

Juanita joined Reddy & Neumann as a law clerk in December 2019. While clerking, she gained valuable experience by working closely under attorneys from each of the firm’s departments on drafting successful requests for evidence, appeals, motions to re-open, and through legal research on immigration matters. Juanita understands that every case is unique and hopes to provide each client with a better understanding of the ever-changing immigration process.

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Can I travel back to my home country after submitting my electronic Application for Permanent Residence through Express Entry?

An electronic Application for Permanent Residence (eAPR) is the result of a successful Express Entry application.

In other words, after applying to any of the three programs (more on that later) managed under the Express Entry system, an eAPR is what applicants finally submit to Immigration, Refugees and Citizenship Canada (IRCC) if they receive an Invitation to Apply (ITA) for permanent residence (PR) to Canada following an Express Entry draw.

Note: While applicants are able to travel after submission of their eAPR, there are important conditions to note when travelling during application processing (more on that below)

eAPRs provide successful Express Entry candidates with a period of 60 days to apply for Canadian PR. At this time, ITA recipients must sign in to their IRCC profile and fill out the appropriate form to apply for PR under Express Entry. Briefly, this requires the applicant to ensure they include all required documents with their application, verify that all answers to eAPR questions are “complete and true”, and pay all required fees.

Get a Free Express Entry Assessment

More details on eAPR submission are available through the Government of Canada’s website here .

Now that we understand eAPRs, before answering the question at the center of this piece, let us first better understand exactly what Express Entry is.

What is Express Entry?

Express Entry is the name given by IRCC to the system that manages immigration applications to three different programs – the Canadian Experience Class (CEC), the Federal Skilled Worker Program (FSWP) and the Federal Skilled Trades Program (FSWP).

Note: Express Entry is one of the Canadian federal government’s top immigration pathways for bringing foreign skilled workers to Canada

Express Entry requires interested candidates to first determine and verify their eligibility for any of the three above programs. Detailed requirements outlined by IRCC are available to help begin this process. Conversely, interested candidates can answer a few questions here to verify that they meet the minimum requirements for Express Entry.

From there, candidates may submit an online profile to IRCC’s website and check their Comprehensive Ranking System (CRS) score using a CRS score calculator. The CRS is what Canada currently uses to score and rank Express Entry candidates based on a variety of factors . These factors include Human Capital (age, education, official language proficiency etc.), Skills Transferability (work experience etc.) and more.

After submitting their Express Entry profile, candidates must wait and see if they receive an ITA through one of IRCC’s Express Entry draws, which occur roughly every two weeks. These draws, based on a cut-off score determined by IRCC, randomly select applicable candidates and provides them with an ITA, which allows them to submit an eAPR to IRCC (within 60 days of ITA receipt).

Note: An ITA is the only way Express Entry applicants can apply for PR in Canada.

Finally, selected candidates must submit their eAPR online (as detailed above) and wait for a final PR decision from IRCC.

After submitting my eAPR, can I travel back to my home country?

PR applicants who submit their eAPR from inside Canada are generally free to travel back to their home country while their application is being processed. Should they have the desire to return to Canada, they must have the required documents for re-entry.

Note: International travel during eAPR processing works on a case-by-case basis. An experienced immigration lawyer can assist with individual questions about travel after eAPR submission based on a single person’s circumstances.

To re-enter Canada, those who have submitted their eAPR will need to have a valid passport. Additionally, depending on the reason for re-entry, the individual must have a valid Canadian work or study permit and/or a valid visitor visa/ electronic Travel Authorization (eTA) unless they are a U.S. citizen or permanent resident.

Please be aware that visitor visas, also known as Temporary Resident Visas (TRVs), are only required for re-entry to Canada if designated by the country to which the applicant is travelling.

Additionally, eligible foreign skilled workers can stay in Canada between the expiration of their current work permit and the time a final decision is made on their eAPR if they apply for a Bridging Open Work Permit (BOWP). In circumstances where a foreign national submits an eAPR and wishes to apply for a BOWP, they may also travel during eAPR processing as long as they are not under maintained status and they will return to Canada prior to the expiration of the work permit. Learn more about maintained status here .

Eligibility for a BOWP requires interested candidates, among other criteria, to either:

• Currently have a valid work permit
• Have maintained status and authorization to work in Canada under section 186(u) of the Immigration and Refugee Protection Regulations (IRPR) “due to submitting an application to renew their work permit under subsection R201(1)”
• Be eligible to restore their temporary resident status with authorization to work on a work permit

Again, if the foreign national in this situation is from a country that requires a TRV, they must ensure that they obtain a valid TRV or eTA for re-entry to Canada.

Learn more about the BOWP here .

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Travel with a Pending I-751 Petition

The ability to travel both domestically and internationally is always one of the biggest concerns for individuals with pending immigration cases . If you’re a hopeful immigrant in the US, you more than likely have family, friends, or business ties in other countries and most likely are not interested in giving up your right to go abroad or visit your home country. Unfortunately, depending on where you are in the process and what type of immigration benefit you are applying for, there may be restrictions on your ability to travel . Therefore, you should always ensure it is safe for you to travel before you book tickets.

The good news is that if you are a conditional resident waiting on a pending I-751 to remove conditions on your Green Card, you are legally allowed to travel internationally and you will not risk abandoning your status or forfeiting your pending case as long as you follow a few simple steps and make sure everything is in order before heading out.

Current processing times for I-751 petitions are upwards of 18 months. With such delayed processing , there’s a very good chance that, at some point, you’ll find yourself with a planned trip and no 10-year Green Card. Here are a few helpful guidelines to keep in mind if you are planning to travel while your I-751 Removal of Conditions application is pending:

You should not leave the country until you have received your I-797C Notice of Action, Receipt Notice from USCIS

This notice confirms that your petition was received by USCIS and contains language that extends your permanent resident status for an additional 18 months beyond the expiration date listed on your conditional Green Card. Your I-751 Receipt Notice will likely be the only document validating your legal status once your conditional Green Card has expired.

In the case that you do not have access to your receipt notice, you may be able to attend an InfoPass appointment at USCIS to receive an I-551 extension stamp in your passport. USCIS can verify if you are eligible to receive this stamp for travel when you call to schedule the appointment.

You should complete your biometrics appointment before going anywhere, or make sure you have someone at home to help reschedule it.

If you have just recently filed your I-751, you will likely be scheduled for a biometrics appointment to have your fingerprints and photograph taken. Due to current delays, it is difficult to predict when this appointment will be scheduled. It is a good idea to stay in the US until you have completed this appointment. If this is not possible, you should make sure that your attorney or someone at your address will be able to receive the notice if it arrives while you are away. You should then request right away to have the appointment rescheduled. If you do not reschedule and do not show up for your appointment, USCIS may consider your application abandoned.

You should not be away for too long.

It is not a good idea to travel for an extended period of time (6+ months) while your application is pending. If you do need to leave the country for several months, you should seek guidance on maintaining your application and potentially applying for a Re-entry Permit.

You should keep your important documents with you at all times.

Finally, when you do leave on your trip, you should be sure to carry both your expired Green Card and your I-751 Receipt Notice with you and keep them in a safe place at all times. Failure to present your I-751 Receipt Notice to border patrol officials can result in a fine or denied entry.

Due to the extreme delays and inconsistencies we are currently seeing with I-751 applications, conditional residents should keep in mind that they may have the option to file for Naturalization while their I-751 is processing . If you have been in the US for two years and nine months and you are married to a US citizen, you may be eligible to apply to become a US citizen (even if your I-751 has not been approved yet). Filing these applications concurrently can help streamline the process as you will likely get called in for a single interview to adjudicate both applications at the same time. At the end of the process, you’ll be a US citizen !

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Traveling with adjustment of status pending. A good or bad idea?

Filing Form I-485 (Application to Register Permanent Residence or Adjust Status)means you are one step closer to becoming a United States permanent resident. Still, you are not quite there yet, so you do not have all the freedom that an actual green card holder has.

To be more precise, while waiting for your adjustment of status under most types of visa, you can’t leave the country and return at your will. In fact, a specialized travel document must be obtained to allow you to travel abroad and re-enter the United States while waiting for a pending Form I-485 adjustment of status.

Traveling abroad is possible in some situations by applying for an Advance Parole document, which will prevent your adjustment of status application from being considered abandoned.

Although it is possible, it does not mean it is advised because it is risky! Knowing the complexity of U.S. immigration law, you must be diligent and avoid actions that could harm your case. This article aims to clear the water on what you can and cannot do while waiting impatiently for your adjustment of status application.

Table of Contents

Let’s define Adjustment of Status.

Adjustment of Status can be defined as the green card application process, which can be used by those already living in the United States. The green card process is also known as becoming a lawful permanent resident (LPR).

The adjustment of status is considered pending between the filing of Form I-485 and the approval or denial of your application.

Form I-485 explained

Form I-485 is used to file for an application to change an immigrant status. When this petition is approved, the applicant becomes a permanent resident (a “green card” holder).

Option to travel outside the U.S. while waiting on a pending Adjustment of Status application

Generally speaking, to be able to travel abroad while waiting on the pending I-485, you need to get an Advance Parole document issued by the USCIS . You will receive an I-512 L (Authorization for Parole of an Alien into the United States) if approved. There are a few exceptions where specific categories of nonimmigrant visa holders, such as H-1B and L-1, don’t need to obtain the Advance Parole to travel outside the country. 

The Advance Parole – Travel Document

The Advance Parole travel document can determine your ability to travel outside the U.S. and return when your H-1B visa has expired, or your I-94 departure date has passed.

Advance Parole is a special travel document that allows a person whose green card application status is still pending to leave and re-enter the United States without a valid visa.

Important: the USCIS established that entering the country under this situation means the person becomes a “parolee” and is no longer under a nonimmigrant status. Moreover, it is not considered a visa or a re-entry authorization but rather a one-time exception to the rule, as it does not authorize departure under that circumstance.

Requesting an Advance Parole Document

To obtain an Advance Parole document, the applicant must file Form I-131 (Application for Travel Document) carefully since this document has different variations, and applying for the wrong one can impose inadmissibility back in the U.S. as a result of the abandonment of a pending AOS application. In any circumstance, assume that you have permission to travel while your I-485 adjustment of status application is pending, solely on the fact that you have filed Form I-131. The USCIS states that if the applicant departs before the approval of Form I-131, the pending I-485 adjustment of status will be deemed abandoned.

How to apply for Travel Document – Form I-131

Along with prepared and signed Form I-131, you must submit the following evidence:

• Copy of a government-issued identity.
• Copy of Form I-797 (Notice of Action), approval notice of an application for pending application for adjustment of status.

Form I-131 Filing Fee

• General filing fee: $ 575
• Biometrics services (ages 14 to 79*): $ 85

Total: $660

Note: Biometric services are not required from applicants 13 or younger and 80 or older.

Important thing to consider about leaving the United States while having a pending I-485 application

We can’t stress enough to say that the Advance Parole or travel document is not the golden ticket that will guarantee your acceptance back into the country. It only keeps your adjustment of status application alive.

Acceptance into the U.S. is at the discretion of the Border Patrol Officer at the U.S. port of entry. Therefore, he can inspect you and deny your entry at his discretion.

For that reason, traveling abroad with a pending I-485 status is strongly discouraged If there is not something extremely urgent that really needs your attention.

Consequences of traveling abroad without a Travel Document

Traveling abroad without having an I-131 approved: in this situation, adjustment status applicants would be deemed as abandoning their I-485 case.

The USCIS establishes exceptions for traveling without an Advance Parole document for the following categories of nonimmigrant visa:

• H-1 (temporary worker) or H-4 (spouse or child of H-1 visa holder);
• L-1 (intracompany transferee) or L-2 (spouse or child of L-1 visa holder);
• K-3 spouse or a K-4 child of a U.S. citizen;
• V-1 spouse or V-2 or V-3 child of a green card holder.

As you can see, traveling abroad while waiting for the final say on your green card application, in other words, traveling while your I-485 process is pending, is possible in most cases, although hazardous and certainly discouraged by immigration experts unless you fall into the exception categories.

If you need an immigration expert to help you with your adjustment of status, H-1, E-B1, or O-1 needs, we are here to help!  Contact us!

What does it mean to have a pending adjustment of status after filing Form I-485?

Why do I need to get a travel document before leaving the United States if I have a pending I-485 case?

After getting an Advance Parole travel document, how long can I be outside of the U.S.?

How Many Times Can I Use Advance Parole to Re-enter the U.S.?

Who cannot apply for Advance Parole?

Is it possible to be denied entry into the U.S. despite having Advance Parole?

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Can You Travel Outside of Canada Whilst Your PR Is In Process?

by Max Chaudhary | May 25, 2022 | Blogs , permanent resident | 250 comments

If you’re studying or working in Canada on a visa, you will not be considered by the Canadian authorities as a Canadian Citizen. Any residency in the country of Canada is considered temporary during these times. Trying to get a permanent resident card involves a lengthy process and rightfully so.

PR or permanent resident is a status that is provided to someone by the Canadian government . An immigrant can be provided with a permanent residency by the Canadian government and deemed a PR cardholder. This does not mean that an immigrant who acquired permanent residence cannot be a citizen of other countries. So does that mean I can travel outside of Canada?

There are many intricate details that you need to keep in mind if you have applied for a permanent residency with the Canadian government and you want to travel outside of Canada. When your PR is under process, you need to abide by the law and make sure that nothing serves as a hindrance to your upcoming status as a permanent Canadian resident. In this article, we will discuss the A-Z of Canadian citizenship , the law that enables immigrants to apply for PR, the steps to be taken, and every requirement that must be fulfilled.

The Permanent Resident Card At A Glance:

A permanent resident card is something that you present at any required place or time to identify as a citizen of a particular country. Similarly, a Canadian permanent resident card is something that you hold to declare yourself as a Canadian resident. For anyone traveling outside a country commercially, it is mandatory to carry their permanent resident card to return to said country and be granted access without any complications. 

For someone who does not have their permanent resident card because of sundry reasons, they may need to apply for something known as a ‘permanent resident travel document’. Whenever you’re returning to a particular country, you need to show your citizenship status. If you’re traveling via an airplane, a bus, a train, or a boat, access to the country can only be granted via a person’s citizenship status in accordance with the laws of the country you are entering. 

What Are The Benefits A Permanent Resident Can Avail?

As a permanent resident, one can enjoy benefits such as- 

• Many social benefits are covered for a person by the Canadian government once they achieve the status of PR, especially health coverage. 
• You can easily move to different places in Canada without any legal work or complications once you are a Canadian permanent resident, 
• It gets easy for people to apply for Canadian scholarships and job opportunities with their permanent resident status. 

How To Get Canadian PR?

The Canadian Government plans on welcoming around 351,000 applicants for permanent residency every year and this number is sure to increase with every passing year. Canada is known as the land of opportunities with hundreds and thousands of people applying for Canadian permanent residentship. There are a few steps one needs to take to successfully apply for an initial PR card:

• One needs to apply to a particular province or territory where they wish to live and be nominated, 
• Once a territory has nominated you for a PR status, you will need to file for IRCC. IRCC is the process of the Canadian government assessing your eligibility for citizenship.

Can One Leave Canada When Their PR Is Under Process?

The answer is yes. You can leave Canada with your PR status under process. You just need to make sure that you meet all the admissibility rules in order to get entry back to the country upon arrival. 

These are the documents you need to present for your return to Canada: 

• A valid passport and any other travel documents,
• A valid work permit or student permit if you require one, 
• An electronic travel authorization or a valid visitor visa. 

Can I Stay In Canada While Waiting For My PR?

Yes, you can definitely stay in Canada while waiting for an update regarding your permanent residence status. However, you need to make sure that you are legally eligible to stay in the country. When you visit any country without being its permanent resident, you do so based on possessing a temporary visa that expires at a given point. So make sure that you have not surpassed the date on your visa and if it is close, get in touch with professional help to retain your temporary status or take any steps that may be needed. 

Can We Convert The Work Permits To PR In Canada?

If you are an employee working for a Canadian organization and they happen to offer you a permanent role with their establishment in Canada, you may be eligible for permanent residency under the Federal Skilled Worker Program. Such offers are referred to as arranged employment.

Can I leave Canada while waiting for a permanent resident card?

One may get confused as to what to do if you’re planning to travel but still have not received your Permanent Resident Card. If you intend on returning to Canada by a commercial vehicle which includes plane, train, bus, or boat a card is required. If you have a Permanent Resident Card that is close to expiring, send it for renewal before your trip commences. One can only get their card renewed in Canada. Permanent Resident Cards are not sent outside the country or to any non-Canadian addresses. Arranging for a third party to get it for you will also not work! In most cases you need to be there in person to receive it.

But, what if I have to travel outside of canada whilst my PR is in the process?

If you are traveling and do not have a valid Permanent Resident Card, you will need a PRTD (Permanent Resident Travel Document) to enter Canada again. Permanent Resident Travel Document (PRTD) can be applied for from outside Canada and if you attempt to return to Canada without a valid Permanent Resident Card or Permanent Resident Travel Document, you will most probably be denied access to transportation services such as train, flights, bus, or boats.

If you’re returning via a private vehicle:

• Other documents can be presented to provide identification,
• On your return, apply for a Permanent Resident card ASAP if you plan on traveling anytime soon,
• Private vehicles include cars, trucks, motorcycles, or anything that is not accessible for the public to use.

If you’re traveling and have already applied for the renewal of your Permanent Resident Card, you can pursue your application and request for an urgent renewal of your Permanent Resident card stating the urgent terms of travel. You can also keep checking your approval status and processing times to stay updated.

How Long Does It Take To Process My Permanent Resident Card?

The processing time for your Permanent Resident card depends on your case individually. However, you can check current processing times for your status through the Government’s website. In case you need your Permanent Resident card much sooner, you can opt to request and apply for urgent processing. Although there are a few requirements you must fulfill to be eligible in order to apply for urgent processing. If you do not meet these requirements, you will be processed as a normal applicant.

You can visit the CIC website to know more about eligibility and different processing times for different applicants.

To know more about the requirements of applying for a permanent resident card holder in Canada, you can reach out to us at Chaudhary Law. We practice immigration law in Toronto and help thousands every year with their immigration to Canada. Our knowledgeable permanent resident lawyers can help you go through the application process smoothly and avoid any unforeseen circumstances. To know more, get in touch with us via our website https://chaudharylaw.com/ and book a consultation. 

250 Comments

my PR card in decision made step but i did not receive any mailed after 4 weeks ?

hi oftenntimes you have to wait for an appointment to pick up a renewed permanent resident card. If it is the first permanent resident card, then it may take eight weeks.

Its has been more than a week since I answered to the IRCC requesting info to create my PR portal account. I haven’t received the information to access the PR portal. Is this normal?

These days it could be a few days to a month before something emerges from the immigration department.

Hello, I have the situation, have not yet received an email of my credentials for PR Portal and I need to travel on January. I am only away for 2 wks and will not be able to obtain a PRTD. Will I be allowed to enter back in Canada using my visitor visa?

Hello a valid visitor visa can be used to request entry to Canada, subject to cbsa questioning at the port of entry

I would like to visit Canada, how can I get a visa there?

Hello please see the links: https://chaudharylaw.com/services/temporary-residence/canada-visitor-visa/ and https://chaudharylaw.com/services/temporary-residence/

Can I apply Canada work visa sir

https://chaudharylaw.com/work-in-canada-legally-with-a-valid-genuine-work-visa/ https://chaudharylaw.com/job-offers-to-support-an-immigration-application-under-express-entry/ https://chaudharylaw.com/services/temporary-residence/canadian-work-permit-and-visas/ https://chaudharylaw.com/8-facts-immigrants-should-know-about-working-in-canada/

مرحبا لدي استفسار انا طالب جامعي ادرس في سوريا هل يمكنني طلب اللجوء الى كندا

لا يمكننا تقديم المشورة بشأن مسائل اللجوء إلا إذا كنت بالفعل في كندا ، لسوء الحظ

My pr card in decision made steup ut I did not receive any mailed after 4 week?

Oftentimes the photo they ask you to submit is not suitable because you are smiling or some other issue, which causes delays.

Give me link

I’m going to be sponsoring my American spouse and applying for his permanent residence in Canada. He will be living with me in Canada and applying under the in Canada class, but will only here on his temporary visitor visa. My question is, would he be allowed to travel back to the US by car (to visit his family) while his permanent residence application is processing in Canada?

Hello to preserve confidentiality please email your question to [email protected] .

My PR file is in process but there is no update since 10 months. I want to travel to India to get married. The processing times are increasing every month.

I was wondering if I can visit Canada on TRV?

I have heard some cases in which there has been problems for getting entry back in Canada even though they have valid work permit and job.

minimally its good to have a trv

please help to go to canada i have also canada asylum card

hello if you have friends or family in Canada please let us know

Je demande le travail

some links for this are at: https://chaudharylaw.com/work-in-canada-legally-with-a-valid-genuine-work-visa/ https://chaudharylaw.com/job-offers-to-support-an-immigration-application-under-express-entry/ https://chaudharylaw.com/services/temporary-residence/canadian-work-permit-and-visas/ https://chaudharylaw.com/8-facts-immigrants-should-know-about-working-in-canada/

Hi Max.. I have received my confirmation for PR processing and Virtual Landing. I have submitted my confirmation of being in Canada, my address, and my photo. However, I have not yet received the eCopR.. I need to travel to the US for business. Can I travel and will it impact my PR Processing?

its safer to remain in Canada for certain categories of permanent resident applications, but if you must leave this can be decided by the Canada Border Services Agency after some scrutiny of your immigration history to ensure that your permanent resident application is not voided by leaving Canada.

Hello, I have applied for PR through PNP EE. The application is in process, I want to travel to India as my tenure of work in Canada has finished and not returning to Canada. However, I do have employer specific WP valid till 2025. Will be any issue in my PR application if I return to India while it is in process? What document I need to receive my PR card in this specific scenario?

leaving canada in some cases may jeopardize a pnp application .

I am from Morocco and I need to get a job in Canada, I am looking for visa free

Any work visa

You should try to find a job offer e.g. through https://www.jobbank.gc.ca/findajob

Hi, I am here in Canada with a mulitple visitor visa and I have started my inland spouse pr spouse sponsorship program. My visit visa stay will be expiring on July 30 ,as i have allowed to stay for 180days mean while can I go back to India.. when the application is in process… & Can I return back to canada with the same visitor visa . Kindly help me with this suggestion..

leaving canada may adversely affect your permanent resident applcation

Hi I’m a visitor & my wife is PR I have applied for my PR inland spouse application my biometric is done. I need to travel to my country as my visitor visa extension expires.. how long can I stay if I travel while my application is in process.. can enter back with visitor visa as it is having multiple entry..

Hi this depends on the history of the relationship, and the pattern of living together, amongst other reasons.

I have applied for PR under new public pathway(TR to PR), I have not received my approval yet, but I got my flight booked to India, now I am not sure that under this program am I supposed to be present in Canada until I get my application approved or I can go to India, Moreover, can I apply for PR card from outside of Canada in case I receive my approval when I am in India?

THat might be risky

Hello, to help preserve confidentiality please email your question to [email protected] , thank you.

[email protected]

hi please email your question to clerk[at]chaudharylaw.com

Hi. My family and I have been approved for PR but while we were waiting, my son had to travel back home and is not back yet. I want to know if this will hold back my PR card application now.

Hello this movement of the son could lead to some delay.

I have applied for a renewal of my PR card and I have to travel to the US in 2 weeks. I have provided all the necessary documents for them to process my application urgently but haven’t received anything yet. I’ll be going for a week. Can I still go? I had already purchased my ticket. Is there a number I can call to speak to a live agent? Thank you

you need a formal consultation for this given the risks and urgency – you can reach out via [email protected]

I want to came to canda to work am in uganda but i do not havetravel documents

please see: https://chaudharylaw.com/work-in-canada-legally-with-a-valid-genuine-work-visa/ https://chaudharylaw.com/job-offers-to-support-an-immigration-application-under-express-entry/ https://chaudharylaw.com/services/temporary-residence/canadian-work-permit-and-visas/ https://chaudharylaw.com/8-facts-immigrants-should-know-about-working-in-canada/

Hello, I got the PR confirmation email 2 weeks ago, I was in Canada at that time, I confirmed in-canada status.

After a week, I had to come to India, and my return ticket to Canada is on 21st January. I have already uploaded my photo for PR on the portal but it is still in review and yet to receive CoPR.

I have the work permit and TRV which is yet to expire on December 2023. I do not have the USA visa.

Is it still possible for me to travel to Canada on 21st January if I could not get travel document in time?

Is there anything I could do to make ‘entering in Canada’ possible in two weeks?

I appreciate your kind advise.

Hello a cbsa officer may ask you certain questions about your visa history when attempting to enter Canada on your temporary resident visa. Those questions would depend on your employment history, category of permanent residency you filed under, and family circumstance. Some of those questions may lead to further scrutiny by the cbsa and as such it would be better to get legal advice before embarking on a return to Canada. You can start that process through the link:

https://chaudharylaw.com/book-an-appointment/ (selecting the ‘service’ of 170 or 500).

If you have any questions about the above please let me know.

How to can apply for Canada my experience is Nursing assistant, and I am a student but my wish I come to Canada please guide me and work for Canada and stdy again . Please guide me thankful you. Shahzad Ali

Hello some guidance is at: https://chaudharylaw.com/services/temporary-residence/study-in-canada/

Sir my husband not get PR he is depoted in canada but he is not comes here still he is in canada to illegal how can i complient the canadian immigration and how can i get back to srilanka

Hello a deported person reuqries an authorization to return to Canada before being allowed back into Canada.

Our PR card status is showing decision made since July, 2021 but not received the card yet.

hi you may have to follow up and ultimately show the urgency and then make a formal demand buttressed by potential federal court action if the delay persists. YOu can explore the specifics with one of the lawyers at the link: https://chaudharylaw.com/book-an-appointment/ (selecting the service of 30min/$170 or $500 for 60 minutes) If there is any issue with the link please let me know and I can manually book you in for this.

I recently applied for PR from within Canada. I’m still staying in Canada as a visitor without a temporary residency permit as I am a U.S. citizen. If I leave the country before getting my PR, will I be allowed back into Canada without a PR status? Thank you.

There may be issues when trying to return if there is a finding that you violated immigration law in the past

Can I send a PR card renewal application and still travel outside CA and come back with the “old” but still valid PR card.

hello we have seen this work once before. we can’t advise on whether you shuould do this unless you consult one of the lawyers here. You can do that at the link: https://chaudharylaw.com/book-an-appointment/ (selecting the service of 30min/$170 or $500 for 60 minutes) If there is any issue with the link please let me know and I can manually book you in for this.

Hello I applied under tr to pr and I got my aor they are asking for my pcc which I applied for when i was submitting my application. My aor came like 10 months after that so is my pcc valid. I also travelled ack to india for 8 days in that period should I get a new pcc or is it fine

unless there is a policy exception, you likely have to apply for another PCC

They are asking me for my pcc within 30 days I don’t think I will be able to get that at the required date

I am due to fly to the u.s in 2 weeks with my application stating decision made since march 8th. How can I apply for a prtd if I’m only away for 2 weeks ? Thanks

You can sometimes, in certain circumstances , enter Canada without a permanent resident card or prtd

What are the circumstances? I have had the “decision made” status for 6 weeks. My wife’s renewed card that was mailed with mine and received at IRCC the same time, received her card 4 weeks ago. We leave for uk on July 6 and are only there for 3 weeks so I don’t think there is time to even receive a pRTD doc

Some circumstances include where there is a pressing need to travel and return to Canada that is presented to an officer who uses their discretion to allow you in to Canada despite not having a permanent resident card. A good, cogent presentation of compelling facts, with evidence, can motivate an officer to grant this type of relief.

Does that also apply to boarding a plane in another country?

I have sponsored my mother under Family Sponsorship Program. All formalities has been completed like medical , biometric etc ..she is awaiting PR card .Can she travel to Canada as she has visitor visa valid till 2025 and complete PR process here in Canada when her decision is made by IRCC .Kindly advise.

hello she should be able to travel to Canada . There some sometimes some issues at the port of entry however

I left Canada after applying for my pr card renewal. someone brought my pr card to me abroad. Will I have an issue on arrival at the airport?

Most of the time there will be no serious problem with this

Have you come back to Canada? Any issue? My dad PR card renewal is still under processing, he wonder can he leave Canada? I saw some post said you must stay in Canada until you get the card, because you need to go to pick it up by yourself.

its risky to return to canada if a person leaves canada before receiving the permanent resident card.

Hi There, I have a PR card which expires in the second half of July. Can i travel to the US and return to Canada before the PR card expires. is there a minimum validity period required ( 3 months/6 months etc). Also can i apply for renewing my card and still travel to the US. please advise.

thanks in advance. Surya

hi you should contact us through [email protected] as this is a very specific question that relates to likelihood of success in crossing a border

I applied for PR through PNP in manitoba. Can i go to india for two months? I am not sure if i need to stay employed or not?

hello you would have to assuage the PNP officer that you have an intention to remain in Manitoba despite any potential travel . This may be mitigated by some presentation of circumstances surrounding the need to travel and ongoing ties to Manitoba , without which there may be a refusal from the PNP officer

I was granted protected person after a refugee hearing in canada i have applied pr through online, how long is the current processing time

its at least six-12 months.

I want to live in Canada as a citizen of there

hi you can send your resume to https://chaudharylaw.com/

I have applied for PR through TR to PR pathway and I am still awaiting approval. I need to travel to South Korea and I am wondering what would my situation be if I get my PR while abroad. Can I Just apply for PRT and return to Canada?

general requirements are at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5069-temporary-resident-permanent-resident-pathway.html If the general requirements don’t address your specific situation then you may want to consult: https://chaudharylaw.com/book-an-appointment/

I applied for my PR through the TR to PR pathway. I will be submitting my police records (from my home country- Honduras) on Monday, June 20th, 2022 and I have a flight schedule to my home country on Wednesday, June 22, 2022. Can I travel to Honduras after submitting my police records? Can my application be refused if I travel? Can I travel and submit updated police records once I return? I am planning to travel for a month. Thank you!

It may not be a good idea to travel until you review whether there is any requirements to be in Canada under the TR to pr pathway.

Hi, I received a Manitoba PNP nomination in March 2022 and I have made an PR application to federal on April 2022. They didn’t start processing my application yet, the status shows submitted. Can I plan a month vacation to India in November 2022? My work permit is still valid till 2024 though. I wanted to confirm if I can leave canada before I book my flight tickets? Thank you for your time!

If you real home is clearly in manitoba then leaving temporarily should not automatically lead to a refusal.

Hi, I received the PR approval letter 2 days ago where the ircc asked me to reply via email my details but i don’t have the PR PORTAL invitation or account yet so I havent submitted my photo, address, and haven’t confirmed that I am in Canada. I am planning to go to the Us For a few days, will i be able to return to canada using my trv and open work permit?

This may require some cogent answers to admissibility questions if you return to Canada without your permanent resident card. For more information you can reach out to [email protected] where we consider if intake may be of assistance to you.

I just received the IRCC letter saying my inland PR application (spousal sponsored) has been approved and inviting me to complete the final steps by responding to the letter then, once I get an email back from IRCC, completing the Permanent Resident Portal (PR Confirmation).

The problem is in 4 days I’m supposed to leave the country for 6.5 weeks (it’s not just a vacation but an important professional trip) . As I understand it, my options are:

A) respond to the letter saying that I’m in Canada and then hope that I can complete the portal before my departure, or if necessary delay my departure until the portal process is complete – then apply for a PRTD once I’m abroad. My worry here is extended delays in the IRCC email/portal process.

B) respond to the letter saying that I’m not currently in Canada and will return Aug 12 and then complete the process then. My worry here is that delaying the confirmation and being out of the country that long will raise a red flag to the IRCC and jeopardize my application.

Which would you recommend? Thank you for your time!

one issue you have to face is at: https://chaudharylaw.com/leaving-canada-after-an-in-canada-spousal-sponsorship-case-wasnt-finalized/ This may delay or cause the refusal of your case.

Hi, can someone help me please !

I got my PR approval while I was in my home country India. But now I want to return Back to Canada but don’t have visa. I have applied for PRTD not sure if was suppose to. I also applied for Temporary Visa, so I can return back and Confirm that I am in Canada and apply for PR card.

I am still waiting for both, almost 3 months Is there anything I can do to comeback. Please suggest.

hi we’ll reach out to you shortly

Am a British citizen who married to a PR holder. I recently applied for spouse sponsor PR inside Canada. I will be going back to England in 2 weeks time. Will that affect my re-entry Canada with my ETA that is still valid till 2025.

Hello dear, I need an expert suggestion. I am in canada and applied for pr along with my husband . My husband got COPR and immigrant visa . He is outside of Canada. Now does he need a PRTD to coming to Canada?

Hi. During the process Sponsorship I was in Canada for 3 years without leaving. Now I have confirmation of Permamnent Residence. Apply for the PR card, but haven’t received the card yet. Also I have a foreign passport with valid tourist canadian visa. Can I leave the Canada and return back without any problems? Thank you

Hi, I applied for the PR through TR to PR pathway. I got the AOR on March 23rd, 2022. They requested me for my Canadian PCC on March 23rd, 2022 and I submitted it on the same day. They have not updated anything since then. The problem is, I am supposed to be travelling outside Canada for 1 semester (Fall 2022) as an exchange student. I have contacted my local MP to expedit the process and they’ve sent the request to IRCC a week ago. I still have not heard back from them. My question is, what do I do if I leave Canada and while I’m gone, I get the COPR? I checked on canada.ca for the PRTD but I do not think I am eligible since I am a TR right now. Also, If I get my COPR before leaving Canada, and apply for a PRTD, can I leave Canada then?

Hello, we are US citizens living and working in Canada. Our work permits expired (applied for new ones ages ago). We received PR and submitted our pics 2 weeks ago for a PR card. I’m seeing processing time for a first card as 102 days. We would love to visit family during the Christmas holidays. Are we able to travel to the US and return with just a US passport? Or is it possible to apply for the PTRD of its our first card?

we may have reachout out elsewhere about your query, if not please email as at [email protected]

My PR card renewal was decision made, January 6th and sent to Production February 28th and i still have not yet received it. I am flying out to Mexico on the 16th for 7 days and I still have not yet received my card. I am wondering if i fly back with the old card (expired) what potential consequences I could face? my alternative is to fly to Buffalo and drive over but thats not ideal. Appreciate your insight into this.

On June 6th 2022 I was told my PR Card renewal decision was made and I should be notified by mail where to pick it up within 4 weeks. It is now 5 weeks and I travel on July 21st and I have not heard anything. I see from your website I can travel back into Canada without it but with other valid ID to prove my residence. Is this true ?

I’m applying for Permanent residency, under the Common-law partnership class. I’m just waiting for my police clearance certificates for me and my none traveling (they aren’t coming to Canada) family members in South Africa.

Once I’ve submitted the PR application, how many times and for how long can I leave the country, whilst waiting for my PR? I’m a freelance chef and I have consecutive 2 week charters from January – April 2023. Can my application be revoked if you are out of the country for half the month, for 4 months? I would be coming back every two weeks at least.

Any advice on this will be so greatly appreciated!

Kind regards Nic

Hi I WANT TO GO TO INDIA BUT I APPLIED FOR OINP JUST 20 DAYS .I AM CONFUSED IS I ALLOW TO GO OR NOT. PLEASE HELP ME WITH THIS .

THANK YOU .

I’m still waiting for my PR card and need to go to France soon. I arrived in Canada 1 May with my COPR, and card still has not arrived.

I have a valid multi-entry Canadian tourist visa, expiring in 2028. Can I re-enter with that tourist visa?

Me and my family arrived to Canada on PR but I have not yet received the PR card, but I we have an family ceremony in USA which is important to attend just for 2days, the PRTD process takes 2-4 weeks by I cannot get 2 weeks from my job , is there a way I can enter Canada from USA using private car? I have Landing papers , SIN and house tenancy contract , vehicle insurance etc. does these documents suffice to prove my identity , should take the risk ?

Hello, I am sponsoring my Japanese wife for PR under the spouse-in canada pathway. She has received her Open Work Permit and didn’t get any news since then. We applied in April 2022.

We are planning a trip to Japan for 4 weeks in April to visit her sick mother and have a wedding ceremony in her hometown.

Will she be allowed back to Canada?

Thank you for your consideration

If the border officer is highly diligent, then some detailed questioning with credible answers from your side would make it more likely that she would be granted admission to Canada. For some idea about the scope of questions posed by the Canada Border Services Agency you may want to book an appointment through the link https://chaudharylaw.com/book-an-appointment/ selecting the ‘service’ of 30 minutes or 60 minutes (the possible questions posed can vary depending on the profile/immigration history of the person seeking admission to Canada.

I am currently on a spousal dependent Open Work permit which is valid until Dec 2023 and I am currently working IN BC and my PR application(BC PNP) is in progress(received AOR) .My husband is on Closed work Permit with LMIA exempt C20 and he needs to travel back to India in August as his deputation is completed. Am I legally eligible to continue working and stay in Canada with the current open work permit?

I understand I can apply for BOWP but I am planning to travel to India in October and with BOWP I cannot leave the country. Please help in finding out the right option for me.

Hi, I have a PR which will expire in 2 months. My wife is Canadian and is with me in the uk on a student visa. I know I meet the eligibility criteria to renew my PR but my question is, how can I renew my application from outside Canada “I am a doctor and I can’t I travel to canada and stay there until my or is out”

Someone said I can fill and send my application from abroad and once the PR ready I can come and collect it. But the application specifically says if you are not physically in Canada you can’t renew your PR card. Can you clarify

If I do get in the plane somehow without my valid pr card and I get to Canada what will happen there in Canada

Hello there, my husband and I applied for the PR through the BC PNP and want to leave the country for vacation. Would that effect the PR process? We applied a few months ago.

Hello, we are a family of four and we received our PR cards in Toronto back in 2018 but left Canada after 2 weeks , we have about 5 months left before the cards expire. Will we have any issues if we travel back to Canada now before the cards expire? will we be reported at the border? what options do we have? Thanks in advance !!

My PR card has expired and I sent it in quite some time ago I am planning on travelling to the carribbean in eptember for pleasure can I fly out of canada and return to detroit by plane without having to show a valid PR card ? i only need the pr card upon return to canada correct not to fly out?

Our caregiver’s work permit expired in February 2020 and we submitted an application for PR and a new work permit under the Home Support Worker program in March 2020 (practically the day of the Covid shutdown). We have confirmed that IRCC is working on his application but recently they moved it from the Edmonton office to the London office. For the past 6 weeks his application has been “in-transit”. (I assume it is being sent by stagecoach).

Due to a family matter, he has to leave Canada and will only come back if he does receive his PR. My question is: Can he still receive his PR while out of the country and what would he have to do to return to Canada?

Hello, I am applying for my PR with a common in law program Inland, my boyfriend is Permanent Recident and he made all the documents with me to sponsor me. I already receive the new comers letter, I made the medical exams and everything is ok, and now I received a letter where it’s say that I meet the eligibility. So I think I just have to wait.

My questions is that, the cousin of my boyfriend will marry in Mexico now in October and he will be the best man and the half of family will got there for a whole week and my boyfriend and I already have our tickets too. So I don’t know if I will have any problem when we come back, I really want to go but I don’t know what can happend later, do you know if is okay if I go? It is a family event and I go with my boyfriend so maybe is okay, but I wanna make sure.

I wish to sponsor my fiancée to become a permanent resident of Canada. I am a Canadian Citizen and otherwise eligible to sponsor her and she is eligible to become a permanent resident. I have some preliminary questions:

1 – Can we be married in the US prior to her coming to Canada and apply for PR using the “in-country” process? a) If so, what is required for her to travel with my via private automobile and live with me in Canada during the application process. b) How long would she be permitted to stay in Canada

2 – While the application is in process, can she return to her home in the United States for a visit? a) If so, what documents are required for her to return to Canada? b) Can she (we) otherwise travel outside of Canada while the application is in process.

3 – What is/are your fees for acting as my representative to process the application for permanent residency for my spouse?

Please respond via e-mail (in addition to responding to in this comments section if you so wish).

we may have emailed you back in September. If you need further clarification please let us know

I have submitted the documents today for my PR application and it is in progress. Also, my tickets are booked for the USA for 3 weeks in October. Is it fine to travel while the application is in progress for PR?

I am going to submit the PR application next week, but tickets for the USA are booked for 3 weeks in October. Will I be able to travel outside Canada, while PR is under process

This depends on factors such as which permanent resident category being used, ties to home country, connections to Canada and other factors.

Hi! I had a question regarding the permissions to travel while awaiting an answer on PR. I am currently an international student on a study visa and have submitted my final documents along with my family under my mom. We are awaiting approval/final answers. My question is, I traveled in April as I understood that I should be able to be admitted back into the country under my legally held status as a student here. We’ve been waiting since September 2021, and I was hoping for confirmation by now but after returning in April it still hasn’t come. I have plans to visit my family this Christmas, is it safe to travel again given my permit is still valid? Or would it appear poorly on immigration’s end? And if the decision is made while I am out of the country, will that be an issue? Thanks so much for your clarification!

you likely need to land as a permanent resident or have a temporary resident visa before returning

Hello sir/mam, I need help, i am waiting for COPR submitted portal 2 on 23 september no update till today . I booked ticket on 1st september for 28 nov departure and 3 march return. Can i travel outside canada while waiting copr and is there any problem if i receive COPR out of canada i will apply PRTD to come back. I also have work permit valid for 2 year. Please reply

Hello for these types of cases the answer varies depending on what overall profile you present to the Canada Border Services Agency when attempting to return. Some strategies include preparation for return with evidence of the putative permanent resident status and in some cases some disclosure about the circumstances surrounding your departure.

Thanks for the great article!

I was wondering something.

My wife is applying for inland PR and its still in processing. We have a 2 year work permit now, but her visa status is in “implied status” now and she doesn’t have a valid paper copy of a TRV that isn’t expired.

Is it enough to be on implied status as a temporary resident to leave and come back to Canada?

Its ideal to have a valid trv when seeking entry to Canada.

I received the PR approval Email requesting to reply and submit documents for PR Card, but I have to leave Canada and return very soon Can I return to Canada with my Valid visa? or in this step I will need a PRTD ?

a prtd is the best/safest approach, but there are other methods which would require talking to one of the lawyers here – You can start that process through the link:

Hello Sir/Madam,

I have got my approval on the PR portal for inland spouse sponsor at oct 19, and have already submitted the Canada address and PR photo on the same day. While my photo and address status are still under review after 45 days. Can I go for a short trip to US and come back while I am waiting ?

If the purpose of the trip is a mandatory purpose, then you can sometimes have less issues at the border. keep in mind that entry at the border is subject to Canada Border Services Agency officer discretion.

Hi, I applied for my first PR card, and my process is under review with IRCC. I havent received a COPR. Can I travel by commercial plane at this time? I have a work permit till next year and a valid eta.

Thanks so much in advancce,

Hello do you have any days left on your existing permanent resident card?

I got my PR approval for inland application, while I was travelling to home country India. I mentioned it in the email to ircc that i was travelling to india after which they sent me PR portal credentials to upload photo and proof of address. However it has been 4 months since then and there’s no further processing(haven’t received any update or PR card). My question is, I still have valid work permit and TRV, can i enter Canada using that? Or do i need to apply for PRTD? It shows online that many people are waiting for months to get PRTD.

Hello you may want to get some background and advice about your proposed course of action, particularly the part about approaching the Canada Border Services Agency . You can start that process through the link:

Hi , I recently received the email to provide information for the PR portal. However I have a trip planned to the US for the month of February 2023. So I might not receive my PR card by then. I do have a valid work permit and TRV. Would that be sufficient for me to travel back to Canada from the US? My stay in the US is just for a week.

Hello, a valid temporary resident visa can be used to enter Canada, subject to questioning by the Canada Border Services Agency . You may also want to ensure that the program you applied for does not require you to be in Canada when going through the questions on the permanent resident portal

3 weeks back got pr portal request submit my documents and everything still no reply and i have trip coming to india. I know if i had coepr i would have applied for prtd document but what if i get my coepr near to coming date will it be still possible to travel on planned date with trv and valid work permit

since there are some missing facts here, you may want to email us to the email of [email protected]

I got my portal request submitted everything but heard nothing from IRCC not for coepr or pr card and am travelling soon i know if i had coepr i can go for PRTD document but what if i get my coepr at the near to return canada. Will i be able to use my TRV and work permit

work permits are generally not useable if they have been superceded by another document such as a Confirmation Of Permanent Residence

Hello, I have applied for PR through Express entry and it’s been 3 months since the submission of all the documents. I have a planned trip to India in the mid of Feb and will be returning mid of April. I have TRV and valid Work permit until 2024. If in case, I get my PR approved while I’m in India, would my work permit be void or would I still be allowed to come back to Canada with the TRV and Work Permit? Please advise.

Generally, with some exceptions a work permit is no longer useable if you become a permanent resident.

Hello, I have applied for my PR through Express entry and it’s under process. No decision has been given yet. But in the meantime, can I travel to other countries? If yes, what are the steps I need to follow before leaving the country and while returning?

I’d like to get one of the lawyers like Mr. Chaudhary to review your situation and then advise you.  Your question requires more background from your side such as category of Express Entry immigration filed, visa history in the past, purpose of trip,  duration of trip, and other factors. You can start that process through the link: https://chaudharylaw.com/book-an-appointment/ (selecting the ‘service’ of 170 or 500). If you have any questions about the above please let me know.

I uploaded photos and declared that I am in Canada on the PR Portal in the process to obtain ECOPR on January 10th 2023. I will be travelling to India from 10th Feb – 4th March 2023. There is a high possibility I will get by ECOPR when I am in India. Currently I am on a Open Work Permit and have a valid TRV until April 7 2023. Can I travel back to Canada on ECOPR and TRV ? Please Advice

Hello there would be some questions by the Canada Border Services Agency about your visa history and status change (e.g. when you got the ecopr amongst other questions). Since this requires additional background and some indication of the profile you may present to the Canada Border Services Agency officer, you may want to consult with one of the lawyers here. you can email me to [email protected]

Hello, that combination of an ecopr and temporary resident visa would lead to some questions by the Canada Border Services Agency at the port of entry. After confirming through questioning that you are a landed permanent resident with no admissibility issues, then the Canada Border Services Agency should allow you to enter Canada, but this is not advice as there are background questions that we’d want to pose in order to provide you with actual advice.

Hi! I got access to the PR portal yesterday and in the process of submitting my photo. I have a trip planned to the US from Feb 9 to 19. There is a chance that I’ll get my eCOPR before travelling or while I’m in the US. I have a valid work permit and TRV. Will I be able to fly back to Canada with my eCOPR and work permit/TRV?

A Canada Border Services Agency officer has the discretion to let you in to Canada, or to issue you an exclusion order, or allow you in but refer your case to an admissibility hearing.

I received my eCoPR few days back.

I’m currently waiting for my PR card processing.

While i’m waiting for my PR Card, can I travel out of Canada and return back using the existing Work Permit and Visitor Visa (valid till Aug 2024).

Your legal status may be presented as liminal to the Canada Border Services Agency officer. If you present a certain profile, the chances of being let in are higher. Your previous visa history is sometimes a factor, as well as the category under which you filed permanent resident status.

Hi.. I will be doing a soft landing in BC (got invited under BC PNP program) next month. Once I land in BC, I need to do 2-3 days domestic trip from Vancouver to Toronto and back to Vancouver.

Is it fine to make this domestic trip to ON; or I am not permitted to leave BC at all? What travel document would be required for domestic flight, as I would not have received the Canadian PR card by then. I will have my foreign passport, one time IM visa, and copies of COPR etc.

thanks a lot.

Hello, if you are well established in BC, to the satisfaction of the immigration department and/or the Canada Border Services Agency then a short trip outside of BC should not be an issue. Domestic travel typically requires a passport.

Thank you for the quick reply. Really appreciate.

Just to confirm: I would be visiting BC for the first time (basis COPR and IM1 visa received just now). After I land in Vancouver – I plan to make a quick 2-day trip to Toronto and back to Vancouver. So not sure what would count as “well established”. ? Will the domestic trip still be fine on a foreign passport only.?

I am waiting for my PR card application to be approved (it’s just the photo left that is in review with the IRCC) but it has been super delayed, I submitted this back in November and still nothing. I still have a closed work permit which was sponsored by my company, which valid until 2024 – am I good to leave Canada and re enter with this permit?

The department may in the in the process of asking your for another photograph . The Canada Border Services Agency has discretion to allow you to enter Canada on a work permit if you have demonstrated compliance with that work permit. To get confidence about this, or alternatively, to discuss the worse case scenario, You consult through the link: https://chaudharylaw.com/book-an-appointment/ (selecting the ‘service’ of 170 or 500).

I recently submitted my PR application under CEC. After that I travelled outside Canada (not to the country I originally came from) to a country for 2 weeks and am back now (I still have my work permit). Do I have to call IRCC and update my travel history with this travel info?

Hello it is safe to do so.

Assalamualaikum sir already applly for visitors VISA for Canada i didn’t received any information

hi we reached out to you on email with some general guidance.

HiI’m still waiting for my PR card and I need to go to Mexico for my sister in-law wedding. Can I travel back to canada with visitor visa while waiting for my PR card?

Hello this depends on the current document you have and the permanent resident category you applied under. You can give more details to [email protected]

Hi , I am still waiting for my PR card even ecopr didnt came yet . I want to travel to India urgently in 2 weeks for 10 days. Can I get entry back to canada with my work permit visa? I heard once you are PR your all visas are invalid. Please help.

Hello you may need a PRTD, but this carries some risks – you can reach out to us at [email protected]

My name is Ayoub Hammouche, I am 20 years old. I want to immigrate to Canada

some guidance is at: https://chaudharylaw.com/applying-for-federal-skilled-worker-heres-everything-you-need-to-know/

hello, me and my family will migrate to canada in a few days but me and my brother still have pending requirements to do before we graduate in our home country. we are planning to return home after weeks of arrival in canada, is it okay if my mom will flew back home to personally deliver our pr cards to be able to return to canada?

This has reportedly worked in some cases

I have submitted my PR application in march 2023 and I have applied for a work permit from inside Canada in December 2022 and am still waiting for the decision on my work permit. My work visa which was issued in September 2021 has expired and I need to travel back to my country. Can I apply for a visa using any document (for example AOR) from my PR application? If yes, what kind of visa am I eligible to apply for? Thank you and best regards, Amir

Hello this depends on your country of citizenship, the type of work permit, and other factors. you may want to pose this to [email protected] .

I currently have a valid work permit, Canadian visit visa and a passport. I received an invite to apply for PR under the express entry program (Last day to submit application is May 23 2023). However, I had already booked a trip to Europe in advance (Returning to Canada on May 23). Is it ok for me to submit my application and then travel outside Canada while PR is in process or would that be risky so I should consider returning a day early (May 22nd 2023) and then apply?

without more details it is safer to file this type of permanent resident case while inside of canada

I got my PR issued while I was traveling out of Canada. I came back to Canada to do the PR card process.

Can it be an issue while applying for Citizenship if one has received their PR while they were not present in Canada?

What is the processing time for citizenship?

This depends on the category of permanent resident status you filed under

I got my PR while I was on India Trip. On my PR card, it says PR since the date of 27th Jan 2021 but on that date, I was in India.

However, when I try to calculate my days for citizenship eligibility when I put this date of PR and travel date it does not allow me to proceed and says the dates need to be checked.

Anyways, my concern is will there be any problem when I apply for citizenship as there is a date of 27th Jan on which day I was in India.

A miscalulation of the days when filing for citizenship can lead to refusal or misrepresentation.

Can I Leave Canada while in the process of renewing my Pr Card.

This can be done, but make sure you comply the permanent resident obligations when you want to return to Canada or else you may lose your permanent resident status.

what do you mean the permanent residents obligations. are you just referring to living in Canada for the three years

there is a permanent resident obligation of two years physical presence in Canada within the five year period a Canadian government official asks about your amount of days in Canada.

I have applied for a PR and am waiting for it to finish processing. I gave my medical and biometrics already. I know that I can go to Canada with a visitor visa and wait there but the question that I can’t find an answer to anywhere is, when they request my passport for the visa, do I have return to my country or can I get the PR in Canada ?

This sometimes depends on the category of permanent residency filed under.

Hi, I applied for PR through Express Entry, received my invitation and submitted all the docs. Now I need to travel to Europe for 3 weeks. Am I allowed to do so? I have valid visa and work permit. What if the status of application changes right before my trip or during the trip? Does IRCC cancel the visa and work permit when granting COPR and I actually cannot get it until abroad? Please help to understand.

He IRCC and Canada Border Services Agency has discretion to cancel a work permit and temporary resident visa due to non compliance from the permit holder’s side, or mootness. An approval of permanent resident status may lead to mootness of such documents

Hello sir, i submitted my PR application under cec. I still have valid work permit. While I am outside canada on a vacation, if IRCC issues an acknowledgement asking my presence, address details for issuing COPR, can I say yes and return back to Canada on my existing work permit? Is it legally right to do?

You have to answer any questions truthfully. For the implications on your applicadtion for being outsdiet beore it is completed , you may need to consult with a lawyer such as the ones here.

It does not appear logical to use a work permit if you have been issued a Confirmation Of Permanent Residence. Legal advice would be needed however, which is something we provide

I am currently in canada on a work permit and I got a temporary resident Visa based on this. I also recently got my Permanent residence application approved and eCOPR issued. Can i travel out of canada using the valid TRV since my PR card is not ready yet

Hello it looks not suitable to present a temporary resident visa if you are a permanent resident .

I am under PNP program and already submitted PR application. My work permit expired and under renewing process, can I travel outside Canada? If yes, what document should I need to come back to Canada?

a temporary resident visa can be used to enter canada. you may need legal advice to determine the impact of leaving the province on your pnp applcation.

I received my eCOPR on May 23rd and am currently waiting for my PR card. Is it possible for me to visit the US and cross back into canada in a private vehicle (my friend will drive me back in their car), just with my eCOPR + other identification (passport, provincial ID etc).

This has worked, but if you present a certain profile to the Canada Border Services Agency , this may trigger an examination at the port of entry to determine your admissibility to Canada.

Hi, I have received an email to send more info for PR and for the PR portal (2nd IRCC Permanent Residence Confirmation Portal). They are asking me if I am in Canada currently, and if not, when I would be returning. I have applied through Québec Experience Program. I am currently abroad on vacation for 3 months. Upon my return, my work visa will still be valid. Is it a problem for me to answer that I am currently abroad with my date of reentry ? Will this have an impact (ie refusal) on my PR application ? and will I be able to return with my work visa ? Thank you

This would lead to further examination/ questioning at the poe. Please see: https://youtu.be/1SXkyKfgFN0

My PR application, filed from inside Canada, is currently in progress, and I am planning to leave Canada for a 2-month trip. I already have a valid student visa for the duration of my absence.

I am curious about what would happen when I want to return if my PR application gets approved while I am away. How much time will I have to accept the PR offer, as I am not interested in applying for a permanent resident visa and I want to use my current visa to enter Canada?

Hello assuming the permanent resident status is issued while outside of Canada, the time limit given depends often on the category under which you applied. the port of entry officer may review the type of permanent resident applicatiion you had to see if you still comply with the requirements of the permanent residency under which you filed.

Thanks for your quick response. I applied under PNP, and I am just waiting for the background verification approval. Also, my current visa and study permit are valid by the end of 2023. Does it change anything?

Assuming the provincial authoriteis and/or the federal authorities don’t take issue with your intention to reside in the province, then the risks of jeopardizing your permanent resident may not be significant.

Hello, I applied for my PR card renewal on March 20th. I have just been requested to resubmit due to an issue in my application but I am currently out of Canada, I wasn’t planning on returning until the end of the Year at which point my sister would bring my PR card to me. Can I resubmit my form from outside of Canada (they have asked for me to resend and resign the form to them but on the form it asks if I am outside of Canada which at the time I am)

THe document list/package/forms may specifically ask where you are located and you may not be able to file for a permanent resident card while outside of Canada.

I am in canada on a visit visa and my PR application got approved during my visit.

I have submitted portal declaration with photo and address. Waiting for eCopr.

However, its the end of my work vacation and i have to go back to submitting resignation and serve the notice period before i come and settle here.

I really have no option but to leave regardless i got the ecopr or not.

Is it ok if it issued while im abroad and then submit dor PRTD to come back?

Depending on your country of citizenship, you may need a prtd to return.

Thanks. Getting ecopr while abroad is ok? Will not make complications later for PR renewal or citizenship application?

Since PR status date will be within time spent out of Canada

Appreciate your help

Many letters sent prior to the E-copr asks for your location and you must be truthful about that. There is also an option to explain the situation to the Canadian issuing office if you are outside of Canada.

Need your expert advise. I am residing in Toronto. I did apply for PR a month ago (in July) while working in Canada. After 2 months (in Oct) I have plans to go to India for a vacation. If my confirmation of PR comes during my stay in India then does my current work permit allows me to enter in Canada or I have to apply for the travel document first to enter again ?

A work permit cannot be used to enter Canada if you have been officially landed as a permanent resident of Canada

What does “officially landed as a Permanent Resident” mean?

Landing after being examined by a port of entry officer or ircc officer, as opposed to possessing an ecopr

My wife and I are waiting for our PR to be approved, after that, we need to receive our first PR card. We had a trip outside of Canada planned for a long time because we were not expecting that the process was going to take as long as it is taking. We both have a valid Work Permit that expires mid-next year.

How can we do it or what do we need if the PR approval comes before or while we are in Canada? Are we able to come back after our trip using the Work Permit?

This depends on the category under which you filed for permanent resident status.

Hi there, quick question! I have been approved and completed all the steps for my PR, and am now only awaiting the card in the mail. However I had to travel urgently to my country for medical reason. Now I will be returning to Canada (I have only been away a few days).

I have a Tourist Visa that is still valid. Can I re-enter the country with my tourist visa without a PRTD? Or do I absolutely need a PRTD since I have been approved for residency but have not yet received my card?

Thank you for your time!

The answer depends on how urgent your need to return to Canada is, among other factors

Hi, I will be applying for PR via PNP nomination soon. can I return to my country and work for a year and then return while waiting for my PR application process?

Hello depending on the provincial program, this may cause delays or a refusal

I am yet to apply for my PR. I have created my profile but waiting for ITA. I want to travel to europe in March 2024. Can I travel outside canada and come back if:

1. I have not yet submitted the application for PR, I have valid PGWP until 2026 2. I have submitted the application but waiting for approval 3. I have received the approval but waiting for the PR card.

Thank you, Shrita

Its hard to respond to this because you give three differnent scenarios/legal statuses without sufficient background facts

Dear Concerned, Good Morning one of my relative already applied PR during Apr’23 and awaiting PR confirmation . He has to travel to India during Jan’24 for important work. Due to delay in PR process applied Bridge permit also to travel to India. Pl give guidance to speedup the PR process or to get the Bridge permit.

If no timely response comes and if the travel due date is approaching please let us know.

I have a US passport but have lived in Canada my entire life. I didn’t realized the PR Card renewal was such a long wait. We have a 10 day trip planned to Hawaii on Jan 21st. If my PR renewal doesn’t arrive by then (I submitted October 25th and it says 88 Days processing time).. will I have any issue flying from Vancouver to Hawaii, and coming back direct to Vancouver with an expired PR card? Our trip was expensive… and I don’t want to stress about it. I do own a business, can I request my own Urgent processing as a Canadian businesses owner if the trip is only for pleasure?

urgent processing is an option (everyone needs a vacation with family and friends at some point)

Hi, my 5-year PR is expiring this year, so I’ve applied for renewal in May this year. It is still pending as there were multiple issues on the photo upload etc. despite having taken them at a professional photographer. Can I leave the country whilst my PR renewal is pending, using that as the condition to be able to leave and enter? If no, what are the major requirements and consequences of applying for PRTD outside of the country?

you can leave but your compliance will be assessed if you require a prtd to return to canada before being allowed to return to canada

thank you. So once out of country, i would then have to apply for a prtd in order to return? Compliance is assessed on what exactly? i have been in country for enough days to maintain PR status.

Hello, Thank you for the detailed blog I am a temporary resident. I am currently on a work permit and looking to apply for PR next year. Can I travel outside of Canada after I submitted my PR application in the future while pending for results? And would I just need passport and work permit to come back?

Thanks a lot!

Some permanent resident categories of application require you to be in Canada at the time of applying and at the time of landing. Other programs for permanent resident status can be delayed or refused if you have a certain travel pattern, so it really depends on which category.

I have been a landed immigrant /permanent resident since 1975. I hold the pink slip format of pr identification. I applied for the new pr card in September 2023 and have not had any response from the authority, my wife and i are recently retired and its travel time now. My wife is Canadian. I have not left the country since 1991…any experience as to what the delay could be.

Hello your status may not be in their computer system (maybe only in their microfiche in some vault) and this may cause delays in confirming your permanent resident status.

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Can I travel outside the U.S. while my I-140 is pending?

Yes, international travel generally would have no impact on a pending (or approved) I-140. (20.Aug.2018)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here .

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Traveling with a pending Form I-751

In this article, we will cover important information about Form I-751, Petition to Remove Conditions on Residence , including what it is and when it needs to be filed. We will also address whether it’s possible to travel while an I-751 application is pending, what risks a permanent resident might face, and what documents they need to carry. By the end of this article, we hope to provide a better understanding of how to protect an immigration status while traveling with a pending I-751 application.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. The immigration process and requirements can be complex and may vary depending on individual circumstances. It is highly recommended to consult with an immigration attorney or qualified professional for personalized guidance regarding a specific situation. The decision to travel while an application is pending is ultimately the responsibility of the traveler.

What is an I-751?

Having conditional permanent resident status means that the green card that was granted is valid for only two years. Eventually, the conditional resident or two-year green card holder will need to file  Form I-751 to remove the conditions on their green card and obtain a standard 10-year green card. This form is also known as the Petition to Remove Conditions on Residence. 

Typically, individuals who receive a two-year conditional green card have been married to their US citizen or permanent resident spouse for two years or less when they applied for their green card and will need to file an I-751 to remove conditions.

When does Form I-751 Need to be Filed 

USCIS requires that Form I-751 be filed within the 90-day period leading up to the expiration of the conditional resident’s two-year green card. The processing time for an I-751 varies, but it can take months or even years in some cases. It is important to note that the processing times may change due to various factors, such as USCIS workload, the complexity of the case, and other external factors. While these timelines may seem long, USCIS does grant extensions for expired green card holders who file the I-751 on time. We will go over this in more depth later in this article. 

For more information on Form I-751, please see the following articles:

• Form I-751 & How to Prove Your Marriage is Legitimate
• What happens after submitting your I-751 – Petition to Remove Conditions?
• How to Apply to Remove the Green Card Conditions
• Calculating When to File for the Removal of Conditions

Can You Travel While Your I-751 is Pending?

When it comes to traveling with a pending I-751 application, it’s important to understand the unique circumstances surrounding the validity of a two-year green card. Typically, individuals file their I-751 petition within the 90 days before their conditional green card is set to expire. This means that during the I-751 processing period, individuals have an expired green card that cannot be used for work or travel.

To address this situation, USCIS sends an extension notice to the applicant upon receiving the I-751 application. This notice, when combined with the expired green card , serves as proof of extension and extends the validity of the green card for a period of 12-48 months, depending on the length of extension granted. This extended validity works as proof of holding Permanent Resident status and can be used for things such as traveling outside the US and continuing to work.

It’s important to note that both the extension notice and the expired green card must be presented when entering the US or seeking employment. Together, these documents serve as valid proof of Lawful Permanent Resident (LPR) status. Presenting one without the other will not be considered sufficient proof.

Additionally, applicants have the option to visit a USCIS field office and obtain an I-551 stamp in their passport as additional proof of the green card extension once they have the I-751 extension notice. While obtaining the I-551 stamp is optional, it can provide further assurance when traveling or seeking employment.

Before Departing

Before departing, permanent residents should ensure that their application is still pending and does not have any important updates pending, such as appointment scheduling, requests for evidence, approvals, and/or denials. They should also make sure that their current green card and other documents, such as their passport or any necessary visas, are up-to-date and valid. Additionally, when traveling with a green card extension, it is important to return to the US before the extension expires.

It is also important to note that traveling with a pending I-751 application can come with risks. 

The permanent resident with a pending I-751 will potentially be scheduled for both biometrics and interview appointments and will need to attend those appointments if scheduled. Also, remember to follow USCIS guidelines (discussed below, in part) to not abandon status by spending too much time outside the US or taking up residence in another country. 

Length of the Trip

A legal permanent resident is expected to live in the US. A permanent resident can travel outside the US, but there are a few things to keep in mind when doing so. The trip must be temporary, and typically, the traveler cannot remain outside the United States for more than 1 year.

Absences of more than 180 Consecutive Days

Trips of 180 days or more can invite additional questions about the nature of a trip outside the US. When returning from a trip abroad, the Customs and Border Patrol (CBP) officer may ask a traveler with a pending green card application or extended green card additional questions about their trip like:

• Where have they been outside the U.S.?
• How long were they there?
• What were they doing there?
• Why are they coming to the U.S. now?
• What ties to the U.S. did they keep while they were away?

Generally, the CBP officer asking these questions is trying to determine the reasons for the immigrant’s overseas trip and their intent to maintain the U.S. as their principal place of residence. At the port of entry after their travel abroad, they may be asked to provide evidence that the intending immigrant has continuing ties to the United States and that they intend to continue living here. For example, documentation of ongoing employment in the United States may be requested.

Absences of more than 365 Consecutive Days

A green card can become invalid for reentry if the permanent resident has been outside the United States for one year or more. Additionally, a US permanent residence may be considered abandoned for absences shorter than 1 year if the permanent resident takes up residence in another country.

Permanent residents of the US who plan on being outside the country for more than one year can apply for a reentry permit, which ensures that the resident did not intend to abandon their status. A reentry permit is obtained by filing Form I-131, Application for Travel Document, which should be filed and approved prior to leaving the US

Eligibility for US Citizenship

It’s crucial for permanent residents to be mindful of their travel duration to ensure they maintain eligibility for US citizenship. Prolonged absences may disrupt a green card holder’s continuous residence requirement and could impact their eligibility for naturalization.

Documents to Carry While Traveling with a Pending I-751

Permanent residents should carry both their expired green card and the I-797 receipt notice, which has the extension on it. In addition to these documents, permanent residents should carry other identification documents, such as their passports and driver’s licenses. It’s also a good idea to have a copy of a travel itinerary.

As a reminder, border entry requirements can change depending on current national or global circumstances, so travelers should be sure to check the CBP website before traveling outside the US so that they can be aware of any travel restrictions or special rules that may be in effect temporarily. 

It is also important to note that Green Cards serve as proof of permanent residency in the United States and do not impact an individual’s status as a passport holder for their home country. When planning travel to other countries, such as Canada for example, it is important to review the specific travel requirements based on the passport held rather than relying on the US Green Card. Each country has its own entry requirements, visa regulations, and passport validity rules that should be consulted to ensure a smooth and hassle-free travel experience. Travelers should remember to check with the relevant authorities and consulate of the country they plan to visit to stay informed about the specific travel requirements based on their passports.

It’s important to carry the required documents to avoid any complications at the border. If a permanent resident doesn’t have the necessary documents, they may be denied entry or face additional questioning. However, if they have the required documents, they can help prove their identity and immigration status, making it easier to enter the US. 

Entry into the United States is at the discretion of the Border Patrol officer. Avoiding doing things like breaking laws, lying, or failing to follow customs or entry requirements can reduce the risk of problems at the border.

Loss of Critical Documents While Abroad

If a permanent resident loses any of their documents while abroad, they should take immediate action to replace them. Contact the nearest US consulate or embassy to report the loss and apply for replacement documents. It is also a good idea to always keep high-resolution digital copies of the documents as well.

The US embassy or consulate may be able to issue a boarding foil , also known as a transportation letter or boarding letter, which is a temporary travel document issued by a US embassy or consulate to individuals who are permanent residents of the United States but have lost or do not have a valid green card. It allows them to travel back to the US and serves as proof of their immigration status. The boarding foil is typically issued in urgent or emergency situations when the individual cannot obtain a replacement green card before their planned travel. It is important to note that a boarding foil is only valid for a single entry and should be used in conjunction with other identification documents, such as a passport, to facilitate re-entry into the United States.

When a permanent resident has a pending I-751 application and plans to travel, it’s crucial to stay informed about the rules and regulations. Entry requirements can change depending on current national or global circumstances, so be sure to check the CBP website . To ensure a successful trip, make sure to carry the expired green card, the I-797 receipt notice, and other identification documents. These documents are essential for re-entering the United States.

In case any of these documents are lost, don’t panic! Contact the nearest US embassy or consulate immediately. Seeking professional advice can also help clarify any questions or concerns about the process. Having high-quality scans of all documents stored in a safe digital location can be helpful in situations such as this. 

Remember, protecting immigration status is crucial when traveling with a pending I-751 application. Taking the necessary steps can help ensure a smooth trip and prevent any issues with immigration status. We hope this article has been helpful in providing the information needed to travel with confidence. Stay informed and take the necessary steps to protect your immigration status.

We encourage you to stay informed and take the necessary steps to safeguard your immigration status while traveling. Remember, this article provides general information and is not a substitute for personalized legal advice. If you have specific questions or concerns, consult with an immigration attorney or qualified professional who can provide guidance tailored to your situation.

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Travel With Expired Green Card and Pending I-90

Can I travel abroad with an expired 10-year green card and an I-797C Notice of Action? My 10-year green card expired in August 2021, I already filed a renewal application, and just received my I-797 Notice of Action letter (application receipt confirmation) and a letter with my biometrics appointment. I have a trip planned to Germany in January 2022 and USCIS customer service told me that the processing of my application will take 6-8 months. If I do not get my new green card on time, can I travel with my expired green card and the I-797C letter? In that case, I should try to get an I-551 stamp into my passport? Thanks! — Anonymous

The rules and procedures changed in January 2021.  Prior to that date, generally speaking, it would not be in your best interest to travel outside the United States with only your expired green card and a receipt notice indicating that you filed Form I-90, Application to Replace Permanent Resident Card.  You would sometimes receive a sticker on the back of your green card at your biometrics appointment that would extend the validity of the green card for a year.  But, if you had to travel outside of the United States and you had not received the new  green card  and/or did not have the sticker on the back of your card, you would have had to make an INFOPASS appointment to visit your local district office to have an I-551 stamp placed in your passport. That stamp was temporary evidence of your lawful permanent resident status.

Effective January 12, 2021, the receipt notice language has changed.  The expiring or already expired green card, together with the Form I-797C receipt notice for the Form I-90, is sufficient proof of lawful permanent resident status for twelve months from the date on the front of the green card.  The I-551 stamp would only be needed if more than twelve months has passed since the green card expired.  These two documents would replace the need to obtain the I-551 stamp.

Unfortunately, it is impossible to predict with any amount of certainty how long it will take the United States Citizenship and Immigration Service (USCIS) to make a decision on a pending application or petition. In our law firm’s history, we have received green card renewals, where there were no legal or factual impediments, anywhere from a few months to over a year from the date the Form I-90 was filed. It is important to note that every case is different and there are a lot of factors (some of which are out of the applicant’s control) that affect how long it will take USCIS to issue a decision on the application. Once you receive the green card and before you travel, you must verify that all of the information on the new green card is accurate. On occasion, USCIS will misspell the applicant’s name or print the wrong date of birth.

Overall, it appears that your Form I-90 is on the normal processing track and that you should receive a decision soon. If you have additional questions about the I-90 application process, it would be wise for you to consult with an  experienced immigration attorney .

Michael Shane and Evan Shane , Immigration Attorneys

Last updated on 11/12/2021

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What do I do if my PR card isn’t ready before I travel?

You need a valid permanent resident (PR) card to return to Canada by commercial vehicle . You can use other documents to return to Canada by private vehicle .

If you know your PR card will expire while you’re travelling outside Canada, you should apply for a new one before you leave. You can’t have a third party mail your PR card to you while you’re outside Canada. We don’t send PR cards to non-Canadian addresses.

If your new PR card isn’t ready before you leave, you can still travel but you need a permanent resident travel document (PRTD) to return to Canada by commercial vehicle . You can only apply for a PRTD from outside Canada.

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Oregon man convicted of sexually abusing 2 teen girls he met online gets 12 1/2 years in prison

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PORTLAND, Ore. (AP) — An Oregon man who met two 15-year-old girls on Snapchat, sexually abused them while traveling through three states and finally abandoned them at a park has been sentenced to more than a decade behind bars, prosecutors said Thursday.

Albert Wayne Johnson was sentenced Wednesday to 12 1/2 years in federal prison and 10 years of supervised release, the U.S. Attorney’s Office for the District of Oregon said Thursday in a statement.

On Aug. 8, 2022, Clackamas County Sheriff’s Office deputies responded to a call reporting two minors abandoned in a park outside Portland in Boring, Oregon, according to court documents.

The girls told deputies they met Johnson on Snapchat and that he drove them from Washington through Idaho and into Oregon. Johnson sexually abused both of them at a motel in Othello, Washington, and one of them at a campground near La Grande, Oregon, according to court documents.

After arriving in Boring, Johnson left the children at a campsite in Barton Park and never returned.

Johnson, 42, was arrested at his home in La Grande on an outstanding parole violation warrant Aug. 30, 2022. Surveillance video from the motel in Othello showed him with the two girls, documents said.

That November a federal grand jury in Portland returned a three-count indictment charging him with traveling across state lines to engage in a sexual act with a minor, transporting a minor with intent to engage in criminal sexual activity and commission of a sex offense by a registered sex offender.

As part of an agreement with prosecutors, Johnson pleaded guilty this year to transporting a minor with intent to engage in criminal sexual activity.

In court filings Johnson’s attorney, Elizabeth Daily, said he did not use physical force or coercion against the girls and suggested that a sentence of just over 11 years would be sufficient.

Johnson was previously convicted of luring a minor and attempt to commit sexual abuse in 2018 and was under state supervision in August 2022, according to prosecutors. He had also violated his conditions of release by changing his address without approval and failing to complete sex offender and substance abuse treatment, they said.

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When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: June 2024

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process . If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status . This page will help you determine when to file your adjustment of status application.

When to File

Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

To use the charts:

• Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
• Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
• If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
• “U” means unauthorized; for example, numbers are not authorized for issuance.

Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

About the Visa Bulletin

DOS publishes current immigrant visa availability information in a monthly Visa Bulletin . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.

On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

• Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
• Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) . This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availability and provide needed predictability to nonimmigrant workers seeking permanent residency.

USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for noncitizens who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF) .

New Visa Bulletin Charts

The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

• Application Final Action Dates (dates when visas may finally be issued); and
• Dates for Filing Applications (earliest dates when applicants may be able to apply).

When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

Determining Visa Availability

USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

• Documentarily qualified visa applications reported by DOS;
• Pending adjustment of status applications reported by USCIS; and
• Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments)