International travel while in immigration status or with pending applications carries risks that many applicants don't fully understand. A trip can derail months of progress.
Key Takeaways
- Some travel automatically abandons pending applications
- Unlawful presence can trigger re-entry bars
- Advance parole may be required
- CBP has discretion at the border
When Travel Is Risky
- Pending adjustment of status without advance parole
- Prior unlawful presence triggering 3/10 year bars
- Criminal history that may result in inadmissibility
- Outstanding removal orders
Before You Travel
- Check if you need advance parole
- Verify your visa stamp validity
- Calculate any unlawful presence
- Review potential admissibility issues
- Consult with an attorney if uncertain
Admissibility vs. Deportability
When you are in the US, the government must prove you are deportable. When you arrive at the airport, you must prove you are admissible. This burden shift is dangerous.
Conduct that doesn't make you deportable (like a seemingly minor admission to drug use) can make you inadmissible. If you leave, you might trigger an inadmissibility ground and be unable to return. This is why "I've been here for years without issues" is not a safe metric for travel.
Expedited Removal
CBP officers at the airport have the power to issue "Expedited Removal" orders on the spot if they believe you are lying or lack valid documents. This carries a 5-year ban. There is no judge and effectively no appeal at the airport. You usually don't get to call a lawyer until it's over.
Electronic Device Searches
CBP has broad authority to search phones and laptops at the border without a warrant. They can ask you to unlock your device. They may look for evidence of working without authorization (texts about babysitting or construction gigs) or immigrant intent (texts about "moving" permanently while on a visitor visa). We advise clients to "sanitize" their devices of sensitive data or travel with minimal data.
Advance Parole is Not a Guarantee
People call Advance Parole a "Travel Permit," but the document itself says: "Case-by-case authorization for parole." It does not guarantee re-entry. CBP at the airport can still deny you entry if they find you "inadmissible."
Risks to Screen For:
1. Prior Removal Orders: If you have an old deportation order you didn't know about, leaving the US "self-executes" the order. You cannot come back.
2. Overstays > 1 Year: If you triggered the 10-year bar, Advance Parole usually waives the entry issue (under Matter of Arrabally), but this is nuanced.
Expanded Expedited Removal
Under new rules, expedited removal (deportation without a court hearing) applies anywhere within 100 miles of the border if you cannot prove you've been here 2 years. Always carry proof of presence (lease, paystubs on phone) when traveling near borders.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowI have a Green Card, am I safe?
Generally yes, but not absolute. If you have abandoned your residence (gone 1yr+), or committed crimes, you can be treated as an "applicant for admission" upon return, meaning you lose some LPR protections.
Can they check my social media?
Yes. CBP can search your name or ask for your handles. Posts about illegal work or drug use can be used to deny entry.
Disclaimer: This article is for general information only and is not legal advice. Every case is fact-specific. For legal advice, consult a licensed attorney.