Can you travel while waiting for a green card in Massachusetts?
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Can you travel while waiting for a green card in Massachusetts?

June 12th, 2020

Whether or not you can travel while you are waiting for your green card (Legal Permanent Resident Status) depends on a number of factors, including but not limited to what is the basis of your “green card” request. For example, someone who is waiting for their residency through an employment-based petition, who previously had an non-immigrant work visa like an H-1B, will generally be able to apply for a travel and re-entry permit (“Advanced Parole”), at the same time as their work permit and once it is issued, they can generally travel without restriction.  On the other hand, an individual who is waiting for their residency which is based on their status as an Asylee which was just granted the previous year, may have issues traveling with “Advance Parole.”

There are many other issues to be analyzed and considered, such as a person’s prior criminal record, Immigration history, the place to be traveled, the length of the trip and who will be traveling with them.  Travel to someone’s home country could negatively impact a I-601 Waiver, travel without their spouse could negatively impact a Marriage Petition, and an extended period of time traveling outside the U.S. could negatively impact an Employment Petition based upon a company’s need for the employee.

Documents Required

Generally if you are returning to the U.S. while USCIS or EOIR (Immigration Court or BIA—Board of Immigration Appeals) completes the processing of your residency petition you must have a valid unexpired passport, a “Travel Permit” (Advanced Parole Document), a certified copy of the court record for any criminal case, and a copy of any Immigration Court Notice.

All non-citizens are subject to an examination of their fingerprints, their criminal background and security checks prior to being permitted to enter the U.S.  So it is imperative that you have documentation to respond to any issues that arise.

If you leave the U.S. without an advance parole document then your Residency Petition (Form I-485) may be denied as abandoned. (See 8 CFR § 245.2(a)(2)(C)(4)(ii)(B))

Contact an Experienced Immigration Attorney Today

At FitzGerald Law Company, our legal team has extensive experience with foreign travel by individuals who have a residency petition pending with USCIS and we have a proven track record successfully helping our clients navigate the different legal options and the level of risk involved. We can help you achieve your immigration goals, whether it is to obtain a temporary visa, legal permanent residency, or to become a U.S. citizen. Immigration laws and regulations are extensive and can be confusing, so the assistance of an immigration attorney can ensure that the appropriate process is followed and can help reduce the stress and anxiety level usually associated with these processes.   We are here for you and only one phone call away. To schedule a consultation and learn more about how we can help, call (617)303-2600 today. We serve Boston, East Boston, Malden, Everett, Revere, Saugus, Lynn, Cambridge, Somerville, Quincy, Jamaica Plain, Brookline, Newton, Waltham, Framingham, Lowell, Lawrence and all of the surrounding communities in Massachusetts.

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The information contained in this Web site is general in nature and subject to change at any point in time. As such, it may not necessarily apply to all situations. Therefore, under no circumstance it should be construed as legal advice. Please ensure that you consult with an attorney regarding your specific situation before starting a legal process.

Client Reviews and Testimonials

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I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm

I really like that they speak so many languages and can help anyone!

FitzGerald Law Company recently handled my immigration case for me and everything turned out great! The staff is excellent all the way from the secretary and assistant all the way up to the attorney. My attorney was Desmond Fitzgerald himself and he was excellent.

Swarsatie R.

They have been very supportive and professional

My family and I have had an excellent experience with Desmond and his team at FitzGerald Law Company. They have been very supportive and professional, addressing our every concern. I feel fortunate to have found them and worked with them on my son's immigration case.

Yoseph A.

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Natasha A.

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Patricia M.

The service was efficient, professional and precise

I highly recommend Fitzgerald law company. The service was efficient, professional and precise. My lawyer, Juan Congote, helped me get through the green card process. I had zero problems and it was very fast. Juan was very meticulous with the documents until the very end. I really liked that!

Valerio B.

A very well organized firm, experienced and professional.

My experience was exceptionally great. A very well organized firm, experienced and professional. Customer service was excellent and the lawyer that handled my case, Desmond Fitzgerald was the best. He was very thorough and very experienced. He knows what he's talking about. All in all, I had a positive experience and I highly recommend this company, especially Desmond Fitzgerald, he's awesome.

Mike A.

They helped me with a personal injury case

Highly recommend Mr Desmond Fitzgerald and his team. They helped me with a personal injury case. He was realistic about outcomes and professional and came through for me.

Garo M.

Experienced, professional, and caring

It was a great pleasure to have Mr. FitzGerald as my attorney. He was always there when I needed him. He is experienced, professional, and caring. I would recommend his services to anyone. I greatly appreciate what he did for me and would like to take the chance to express my gratitude to his hard work. Thank you very much Mr. FitzGerald. You'r the best...

Ahmed B.

Very professional and dedicated a lot of time to my case

Very professional and dedicated a lot of time to my case...kept me in the know throughout the whole process. I definitely recommend FitzGerald Law Company to anyone looking for representation in a court case. Thank you Desmond and the entire team.

James K.

He explained things in a way that was easily understandable and things went smoothly

Mr Desmond and his team did a remarkable job in immigration for my family and I. He explained things in a way that was easily understandable and things went smoothly. Highly recommended

Gassim F.

They made the process very smooth and pleasant

Desmond and his team did a great job during my husband’s green card application. Very diligent, reliable and knowledgeable. They made the process very smooth and pleasant. Highly recommended!

Karol S.

The team is wonderful, efficient and very helpful/ professional

The best lawfirm in Massachusetts. The team is wonderful, efficient and very helpful/ professional.

Zulia O.

They make the process as simple as possible

Our experience with the FitzGerald Law Company is beyond positive. They make the process as simple as possible and are there to help and support the entire time. Everyone we've been in touch from their office was nice and helpful. We won the case and we would definitely use their services again. Thank you Juan & the team!

Anonymous for Firm

They put in a lot of time into my case all the while keeping me informed of any and all developments

A very professional and committed team...They put in a lot of time into my case all the while keeping me informed of any and all developments. I definitely recommend FitzGerald Law Company to anyone seeking legal representation. Thank you Desmond and the entire team.

Anonymous for Firm

Highly recommend their services

My husband and I reached out to FitzGerald Law Company, and we can only speak very highly of them. Very professional & reliable. I want to say big thanks to Desmond and Zrinka, who helped us throughout my immigration process. Highly recommend their services!

Anonymous for Firm

They are on top of everything

The Fitzgerald team is great and ready to help. They provide accurate information and never give a false picture of one's situation. They are on top of everything and work with you. The team are very thorough at what they do. I would highly recommend their legal services.

Anonymous for Firm

I was very happy working with them and will be happy to work with them again

The lawyer did an excellent job, it was really wonderful and inspiring to have him as a lawyer, he truly handled my case and everything went as expected. They always call or sent me an email to inform me the progress of my case, I am always feel welcomed when I meet with them. I was very happy working with them and will be happy to work with them again in the future.

Anonymous for Firm

I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer

Desmond FitzGerald and his staff handles the daunting immigration legal paperwork with the utmost professionalism but always keeping the experience personal and realistic. I always felt that that I mattered. FitzGerald & Company has many payment options and they work with you to set up a payment plan which is affordable. {para}I would definitely recommend Desmond and FitzGerald & Company to anyone looking for a professional, trustful immigration lawyer.

Anonymous for Firm