Travel With a Pending Immigration Case: What to Know

Travel With a Pending Immigration Case

Recent reports of immigration enforcement at some U.S. airports have understandably caused concern about travel with a pending immigration case, particularly for individuals whose visas or authorized stays have expired while an immigration application remains pending.

It is important to remember that an expired visa stamp does not always mean that someone is unlawfully present in the United States. A visa is used to request entry, while the Form I-94 generally determines how long a person is authorized to remain. At the same time, a pending immigration application or valid work permit does not automatically provide lawful immigration status in every situation.

In addition, if you have a criminal charge, even if dismissed or expunged, travel may be especially risky.

Before You Travel With a Pending Immigration Case

Most clients will not experience problems when traveling domestically. However, anyone whose I-94 has expired, whose prior status has ended, or who is relying on a pending application should check with their immigration attorney before flying. A brief review can confirm their current immigration position and which documents they should carry.

Our goal is not to discourage travel, but to help clients travel confidently and with the correct documentation. If you are a client of Sumner Immigration Law, please contact our office before making travel plans if you have questions about your individual situation.

Get Experienced Help with Immigration Matters

If you are not yet a Sumner Immigration Law client and you’re looking for an experienced, empathetic, and efficient team to help you navigate the process with confidence, please contact us today and set up your initial consultation to get the process started! You can set an appointment online. You can also call us at 804-396-3412 or send us an email at info@sumnerimmigration.com. We are immigration lawyers in Richmond, VA but we serve clients throughout the U.S. and around the world. For more information on our firm visit Who We Are and What Makes Us Different! We look forward to hearing from you!

This article provides general information and is not a substitute for individualized legal advice.