Entering the United States and realizing the American dream is the goal of many people who embark on a journey for a better future. However, one of the common concerns among those in the process of obtaining U.S. residency is whether they can leave the country during this period.
In this article, Jaskot Law will break down everything you need to know about whether you can leave the country while you are in the residency process, how to obtain a permit to do so legally, the possible risks, among other things. Read on to make sure you don’t miss any details.
Table of Contents
Can I leave the country if I am in the residency process?
The answer to this frequently asked question is yes, you can leave the country while you are in the U.S. residency process. However, there are some important things to consider before packing your bags:
| Legal status | Re-entry permit |
| During the residency application process, you generally maintain a legal status that allows you to remain in the United States while your application is being processed. This means that you can leave the country and return without losing your residency process. | Despite having a lawful status, it is highly recommended to obtain a Re-Entry Permit (Form I-131) before leaving the United States. This permit provides you with an additional guarantee that you will be able to return without problems. |
How do I obtain permission to leave the United States without residency?
If you intend to leave the U.S. during the residency process, there are a few steps to follow to obtain a permit and leave the U.S. legally :
Step 1: Completing Form I-131
The first step in obtaining a Re-entry Permit is to complete Form I-131. This form is used to apply for the permit, and must be completed with accurate and current information.
Step 2: Provide the required documentation
Along with the form, you must provide the required documentation. This may include proof of your legal status in the United States, your reason for traveling outside the country, and any other relevant documents.
Step 3: Pay the corresponding fee
There is a fee for the Re-entry Permit application, so be sure to pay it according to the instructions provided by the U.S. Citizenship and Immigration Services (USCIS).
Step 4: Submit your application to USCIS
Once you have completed the form, provided the documentation, and paid the fee, submit your application to the USCIS. Be sure to follow up on your application to know its status.
Step 5: Schedule an appointment for fingerprinting (if necessary)
In some cases, you may need to schedule an appointment to be fingerprinted as part of the background check process.
Step 6: Wait for approval
Once you have submitted your application, you must wait for USCIS to approve it. This can take time, so plan ahead.
The process may seem complex and everything must be presented correctly to increase the likelihood of a successful case. Our team at Jaskot Law is experienced in the process and knows the ways to ensure you get positive results.
What are the limitations when travelling during the residency process?
Although it is possible to travel with a permission to leave the United States without residency, there are some limitations and precautions you should be aware of, which are as follows:
- Duration of Absence: If you plan to be outside the United States for an extended period of time, it is advisable to consult with an immigration attorney or the USCIS to ensure that your absence does not adversely affect your residency application.
- Primary Address in the United States: Even if you travel, you must ensure that your primary address remains in the USA. This implies that you must demonstrate that you intend to reside permanently in the country.
Visas that allow leaving the country during the residency process
It is important to know the visas with which you can leave the country if you are in the residency process. Here are some of the most common visas and how long they allow you to travel outside the country:
| 1. H-1B Visa With the H-1B Visa, you are allowed to leave the U.S. without residency for short periods of time, generally up to 60 days per year. |
| 2. L-1 Visa The L-1 Visa also allows travel outside the United States for short periods of time, generally up to 60 days per year. |
| 3. F-1 Visa (Student) Students with F-1 Visa may travel outside the U.S. during school vacations and return without problems. |
Remember that the conditions and time allowed may vary depending on the individual situation and the specific visa, so it is important to consult with an immigration expert or the U.S. Embassy before planning your trip.
Risks of leaving the country while residency is in process
But, if I am in the process of residency, can I leave the country? The answer is yes, but you must keep in mind that this entails certain risks. Some of the most important are:
- Loss of Visa: Depending on your situation, you could lose your visa if you leave the country without obtaining the corresponding Re-entry Permit.
- Delays in the Process: Leaving the country could cause delays in the processing of your residency application due to your absence.
- Re-entry Problems: If you do not have a valid Re-entry Permit, you may face difficulties when attempting to re-enter the United States.
- Changes in Status: Your immigration status could change if you leave the country without the proper documents.
It is crucial to assess these risks before making the decision to leave the U.S. during the residency process, and make sure you comply with all regulations and requirements. With the advice of Jaskot Law, you can rest assured that you will be able to leave legally and without worries.
Conclusion
In conclusion, the answer to the question “can I leave the country if I am in the residency process?” is yes, as long as you follow the proper procedures and obtain a Re-entry Permit. However, you should be aware of the limitations and risks involved in traveling during the residency process.
Always seek legal guidance and advice if you have doubts about your specific situation. The specialized team of Jaskot Law knows that patience and planning are essential to ensure that your residency process runs smoothly. Do not hesitate to contact us!
Sources
Form I-131, Application for Travel Document
Frequently Asked Questions
How long does the Re-entry Permit remain valid?
Generally, a Re-entry Permit is valid for two years from the date of issuance. Be sure to check the expiration date before traveling.
What happens if my residency application is approved while I am outside the United States?
If your application for residency is approved while you are outside the U.S., you must schedule a consular interview at the U.S. embassy or consulate in your home country before you return.
Can I apply for a Re-entry Permit if I am already outside the United States?
Yes, you can file a Re-entry Permit application from outside the U.S., but you must follow the proper procedures and be prepared to wait for approval before returning.
What is the difference between a Re-entry Permit and an SB-1 Re-entry Visa?
A Re-entry Permit allows multiple entries to the U.S. during its term, while an SB-1 Re-entry Visa is for permanent residents who have been outside the U.S. for an extended period of time and wish to return. Both require an application and approval process.
