Can I Travel With VAWA?

Key Takeaways

Advance Parole is Essential: 

International travel is possible for a VAWA beneficiary, but it is strictly contingent upon obtaining an approved Advance Parole document (Form I-131) from USCIS before leaving the United States.

Combined Case Requirement: 

International travel permission via Advance Parole (Form I-131) is typically only granted to a VAWA self-petitioner (Form I-360) who also has a pending Adjustment of Status (Form I-485) application. This combined status is the necessary basis for applying for the travel document.

Risk of Application Abandonment: 

Departing the U.S. without a valid Advance Parole permit while an Adjustment of Status (Form I-485) application is pending will result in the case being considered abandoned, leading to the automatic denial of the application and a loss of VAWA protections.

Re-entry is Not Guaranteed: 

Even with Advance Parole, re-entry is at the sole discretion of the Customs and Border Protection (CBP) officer and remains subject to review based on the individual’s full immigration history, including any criminal record or prior immigration violations.

Caution Regarding Unlawful Presence: 

Individuals who have accumulated “unlawful presence” in the U.S. must exercise extreme caution, as leaving the country could potentially trigger a 3- or 10-year re-entry ban, even if they possess Advance Parole.

Seek Specialized Legal Counsel: 

Due to the severe and complex legal consequences of a mistake, consulting with immigration lawyers specialized in VAWA cases is a critical first step to ensure that any travel plans do not jeopardize the individual’s journey toward permanent residency.

Benefits Awarded to VAWA Visa Holders

The Violence Against Women Act (VAWA) offers protection and a path to permanent residency for individuals mistreated by family members who are U.S. citizens or Lawful Permanent Residents (LPRs), without depending on the abuser. Through the VAWA program, many individuals can start their journey toward legal residency.

VAWA applicants can include beneficiaries in their petitions. Beneficiaries of a VAWA self-petition may include the victim’s child or parent, provided they meet the eligibility requirements. A citizen child over 21 can also file a petition for a parent, and immediate relatives such as spouses, parents, and unmarried children under 21 are eligible for certain immigration benefits.

The VAWA petition (Form I-360) is the formal application process for survivors seeking protection. However, wait times are long. Currently, the average time to obtain approval for Form I-360, the first step in a VAWA case, is approximately 45 months.

If you want to travel during this period you need to know your options. 

Important Note: Processing times vary frequently. The information provided here may be outdated. For the most accurate and up-to-date processing times, please visit the official USCIS website.

Is It Possible to Travel Outside the United States with a VAWA Case?

Yes, a beneficiary under VAWA can travel outside the United States once advance parole is approved, but must do so with maximum caution and always with prior legal authorization.

Many people under VAWA protection are in the process of seeking to adjust status to obtain lawful permanent residency. VAWA self-petitioners may be eligible to adjust status to lawful permanent resident if a visa is available. Leaving the country without the correct permit during this stage can be considered an abandonment of your application, putting everything you have fought to build at risk.

International travel while your adjustment of status is pending can have serious consequences if not properly authorized.

Leaving the U.S. with VAWA: What is Advance Parole?

Advance Parole is a travel permit issued by USCIS that authorizes you to re-enter the United States after temporary travel abroad while your adjustment of status case is pending [5]. Without this document, your re-entry is not guaranteed, and your residency application could be automatically canceled.

Before planning any travel, you must take the following actions to protect yourself: 

1. Carry Documents:

You should carry relevant immigration documents, such as a valid passport and receipt notices, when traveling, especially near borders or airports.

2. Apply for the permit on time: 

You must file Form I-131, Application for Travel Document. This process can take months, so it is essential not to buy tickets or make travel plans until you have the approved document in your hands. The typical processing time for Advance Parole can range from several months up to a year, and the VAWA processing time for Form I-360 is also lengthy, often taking over a year depending on your case. The procedure to obtain Advance Parole begins with filing Form I-131 with USCIS.

Important Note: Processing times vary frequently. The information provided here may be outdated. For the most accurate and up-to-date processing times, please visit the official USCIS website.

3. Understand the risks upon re-entry: 

Even if you have Advance Parole, re-entry is at the discretion of the Customs and Border Protection (CBP) officer and not guaranteed. If you have a criminal record, previous entries without inspection, or other immigration issues, you could face serious difficulties.

4. Evaluate your history of unlawful presence: 

If you have accumulated “unlawful presence” in the U.S., leaving the country, even with Advance Parole, could trigger a 3- or 10-year re-entry ban. This is a complex situation that requires expert evaluation.

5. Seek expert legal advice:

 Before making any decision, it is crucial to consult with immigration lawyers specialized in VAWA. At Alonso & Alonso, we evaluate your case confidentially to ensure that travel does not jeopardize your future. After submitting your application, you must wait for a final decision from USCIS before making any travel plans.

Restrictions to Consider

Traveling outside the United States with a VAWA case is possible, but it is not without risks. To avoid complications, it is essential to be aware of these restrictions:

• Trip duration: Absences must be brief. Long trips may cause authorities to doubt your intention to reside permanently in the U.S. Prolonged trips of more than 90–180 days can cast doubt on the intention to reside in the U.S.
• Countries to visit: Avoid traveling to countries that the United States considers high-risk, as this could complicate your inspection upon return.
• Immigration history: If you have a complex history with previous deportations or immigration violations, do not travel without the guidance of an attorney. You could face insurmountable barriers when trying to re-enter. Individuals in removal proceedings should be especially cautious, as travel could impact their ability to seek relief or return to the U.S.
• Required documents: When traveling outside the United States with a VAWA visa, it is crucial that you carry certain documents to avoid problems at customs.

Can I Leave and Return Without Advance Parole if I Have a VAWA Case?

No. Leaving the United States without Advance Parole while your adjustment of status application is pending has serious, and often permanent, consequences. Do not risk your future.

USCIS is very clear on this: if you leave the country without this permit, it is considered that you have abandoned your application for permanent residency (Green Card) [5]. You will lose the opportunity to obtain residency through this process. Abandoning your application may also affect your eligibility for certain public benefits that are available to VAWA applicants while their case is pending.

Legal Consequences of Leaving Without Permission

• Abandonment of Adjustment of Status: Your Form I-485 application will be automatically denied. You will lose the opportunity to obtain residency through this process.
• Loss of VAWA Protections: By abandoning your adjustment of status, you lose the legal shield that protects you from deportation and grants you access to benefits like a work permit.
• Inadmissibility upon re-attempting entry: If you accumulated more than 180 days of unlawful presence before leaving, a 3- or 10-year re-entry ban will be triggered. This would close the door to your legal return for a long time.
• Entry denied at the border: Even if you have a valid tourist visa, CBP officers can deny you entry if they detect that you abandoned an adjustment of status process.

In situations of humanitarian emergency, it is possible to apply for emergency Advance Parole, but this must be approved before you leave the country.

How Does Legal Counsel Protect You When Traveling with a VAWA Case?

Having the support of an immigration lawyer experienced in VAWA cases is your best defense when considering travel outside the United States. The details of the law are complex, and a single mistake can cost you your immigration status. Experienced attorneys can provide specialized legal services for VAWA applicants, offering confidential guidance to review your case and determine your eligibility for immigration relief options.

Protect Your Process, Do Not Travel Without Consulting

As we have explained, the answer to the question “Can I leave the country with a VAWA visa?” is not a simple yes or no. It is possible, but only through Advance Parole and with adequate preparation. Leaving without meeting the requirements can have devastating consequences.

Remember these action steps:

• Always consult with an experienced immigration lawyer before making plans.
• Verify that no legal impediments exist that would risk your re-entry.
• Ensure you have the approved Advance Parole document in your hands before leaving.

Following the correct procedures not only protects your current status, but also preserves your eligibility for United States citizenship in the future.

Implications for VAWA Petitions from Outside the US

If you file your application from outside the U.S., the U.S. consulate could intervene in the process. This means that your case may be subject to additional scrutiny and procedures conducted by the consular officers, who will review your eligibility and supporting documents before approving any visas or travel permits. Consular processing can sometimes result in longer wait times compared to filing within the United States, as it involves coordination between USCIS and the Department of State. It is essential to maintain communication with the consulate and promptly respond to any requests for additional evidence or interviews. Moreover, traveling to attend consular appointments or interviews requires careful planning to ensure compliance with all immigration regulations and to avoid jeopardizing your pending VAWA petition or adjustment of status application.

Do You Have Questions About Your Case? We Are Here to Help

At Alonso & Alonso, we understand that your safety and the safety of your family are paramount. Our team is ready to offer you a confidential and free case evaluation so you can know your options without compromising your security. While we do not offer advance parole services, we can offer strategic and personalized advice from our over 15 years experience in US immigration law.

Our approach is based on empathy, firmness, and a real commitment to your future. We have been helping the immigrant community achieve their papers without leaving the United States for over 15 years.

Know your options without compromising your security. Ask your question confidentially and take the first step toward securing your future in the United States.