Can I Travel While I-90 Is Pending? Risks & Solutions

Yes, it might be possible to travel while your I-90 (Application to Replace Permanent Resident Card) is pending, but it comes with significant risks. Traveling outside the United States without the proper documentation could jeopardize your green card status and your ability to re-enter the country. This article breaks down the risks associated with green card application travel, available travel authorization for green card applicants, and potential solutions to help you navigate I-90 travel restrictions.

Image Source: cilawgroup.com

Fathoming the I-90 and Its Purpose

The I-90 form is used by lawful permanent residents (green card holders) to replace their green card if it has been lost, stolen, damaged, or contains incorrect information. It’s also used to renew a green card that is expiring (valid for 10 years). Filing the I-90 doesn’t automatically grant you permission to travel internationally. Your existing green card normally allows you to enter the US, but if it’s lost, stolen, or about to expire, you need other documents.

Situations Requiring Form I-90

• Lost or stolen green card
• Damaged green card
• Green card containing incorrect information
• An expiring green card
• A green card for someone who was automatically converted to permanent resident status

The Perils of International Travel While Adjusting Status

Traveling outside the U.S. while your I-90 is pending can present complications, especially if your green card is lost, stolen, or expired. The primary concern is your ability to prove your permanent resident status upon reentry.

Why Travel is Risky Without Proper Documentation

• Inability to Prove Status: Without a valid green card or appropriate travel documentation, you may not be able to demonstrate your lawful permanent resident status to Customs and Border Protection (CBP) officers.
• Potential for Delayed or Denied Entry: CBP has the authority to delay or deny your entry if they are not satisfied with your proof of status.
• Abandonment of Application (in some rare cases): Although unlikely with a pending I-90 alone, traveling without proper documentation can be construed negatively, especially if other factors are present, like prolonged absences.

Navigating I-90 Pending Outside US: What to Do

If you find yourself outside the U.S. with a pending I-90 and without your green card, you need to take immediate action.

1. Report the Loss or Theft: If your green card was lost or stolen, report it to the local police and obtain a police report. This documentation will be helpful.
2. Contact the Nearest U.S. Embassy or Consulate: The embassy or consulate can provide you with guidance and may be able to issue a transportation letter or boarding foil, which will allow you to board a flight back to the U.S. To get this, you usually need:
   • A copy of your I-90 receipt notice (Form I-797C).
   • A copy of your green card (if available).
   • A copy of your passport.
   • A police report (if your card was lost or stolen).
   • Photos.
3. Gather Evidence of Residency: Collect any documents that prove your continued ties to the U.S., such as:
   • U.S. bank statements
   • U.S. tax returns
   • Utility bills in your name
   • Proof of employment or property ownership

Exploring Advance Parole I-90: Is it an Option?

Advance Parole is generally not relevant when you already have a green card. It’s primarily for those who are in the process of applying for a green card (adjusting status). As a permanent resident, you don’t need advance parole. Your green card is your travel document. The exception is if you’ve also filed for naturalization (N-400) and need to travel, in which case you should consult with an immigration attorney.

Travel Documents While I-90 is Processed: Your Options

What can you do to travel more safely while your I-90 is pending? The answer depends on whether you are inside or outside the US.

If You Are Inside the United States

• I-797C, Notice of Action (Receipt Notice): While not a travel document, carrying your I-797C (the receipt notice for your I-90 application) can help explain your situation to CBP upon your return.
• Expired Green Card with I-797 Extension Sticker (if applicable): Sometimes USCIS will issue an extension sticker to be placed on your expired green card. This can be used for reentry, but check the expiration date.

• ADIT Stamp (I-551 Stamp): You can request an ADIT stamp (also known as an I-551 stamp) in your passport from your local USCIS field office. This temporary proof of permanent residence allows you to re-enter the U.S.

  • How to Obtain an ADIT Stamp:
    1. Call the USCIS Contact Center to schedule an InfoPass appointment.
    2. Attend your appointment with your passport, I-90 receipt notice, and any other supporting documents.
    3. If approved, a CBP officer will place the I-551 stamp in your passport.
  • Original Green Card: If your I-90 application is due to an expiring Green Card that hasn’t actually expired yet, you should travel with this card.
  • Carry a copy of the receipt: While not a travel document, a copy of your I-90 receipt notice can help explain your situation to CBP upon your return.

If You Are Outside the United States

• Report immediately to the nearest U.S. embassy or consulate. See instructions under “Navigating I-90 Pending Outside US: What to Do.”
• Transportation Letter: The embassy or consulate may issue a transportation letter that allows you to board a flight back to the US. You will need to present evidence of your permanent resident status and the reason you are without your green card.

Impact of Travel on I-90: Will it Slow Down the Process?

Generally, simply traveling while your I-90 is pending shouldn’t directly affect the processing time of your application. USCIS processes applications based on a variety of factors, and travel is usually not one of them. However, if your travel leads to issues with your reentry, or if you are asked for additional information (RFE) and are unable to respond promptly because you are traveling, that could cause delays.

I-90 Travel Restrictions: Key Considerations

While there aren’t strict “I-90 travel restrictions” in the sense of a formal ban, it’s crucial to be aware of the following:

• Validity of Your Green Card: If your green card is valid, travel is generally permissible.
• Expiration Date: If your green card is expired or about to expire, obtaining an ADIT stamp or renewing your green card before traveling is highly recommended.
• Unlawful Presence: Avoid extended absences from the U.S., as this could raise questions about your intent to maintain permanent residency. Generally, stays of more than six months outside the U.S. can trigger scrutiny from CBP.
• Criminal Record: A criminal record can complicate reentry, regardless of your green card status. Consult with an immigration attorney if you have any criminal history.

Seeking Expert Legal Counsel

Immigration law is complex and constantly evolving. If you have specific concerns about your travel plans while your I-90 is pending, consult with a qualified immigration attorney. They can assess your individual circumstances and provide tailored advice.

Table: Permissible Travel Documents for Green Card Holders

Situation	Acceptable Travel Document(s)
Valid, Unexpired Green Card	Green Card (Form I-551)
Expiring Green Card (with extension sticker)	Green Card (Form I-551) + Official USCIS Extension Sticker (if applicable)
Lost or Stolen Green Card (Inside US)	ADIT Stamp in Passport (I-551 Stamp) – requires scheduling an appointment at a local USCIS field office
Lost or Stolen Green Card (Outside US)	Transportation Letter issued by the U.S. Embassy or Consulate. You’ll need to demonstrate your permanent resident status to the U.S. Embassy/Consulate.
Pending I-90 (Traveling Within the US)	Expired Green Card (with or without receipt notice), Copy of the I-90 receipt notice
Pending I-90 (Traveling Outside the US)	Valid, unexpired Green Card, Unexpired Green Card with an extension sticker

Common Mistakes to Avoid

• Traveling with only the I-90 receipt notice: This is not a travel document and will not guarantee reentry.
• Assuming automatic approval: Do not assume that your I-90 will be approved before your planned travel date.
• Overstaying abroad: Avoid prolonged absences from the U.S., as this can jeopardize your permanent resident status.
• Ignoring the expiration date: Always check the expiration date of your green card and any extension stickers.
• Neglecting to seek legal advice: If you are unsure about your travel options, consult with an immigration attorney.

Deciphering Reentry Permit I-90: When Is It Useful?

A reentry permit (Form I-131) is not typically associated with a pending I-90 application. A reentry permit is designed for green card holders who plan to be outside the U.S. for more than one year, but less than two. It allows them to re-enter the U.S. without having to obtain a returning resident visa. If you anticipate being outside the U.S. for an extended period, separate from the I-90 application, then a reentry permit might be necessary.

FAQ: Frequently Asked Questions

Q: Can I leave the country with I-90 receipt notice only?

A: No, you cannot leave the country and expect to be readmitted with only the I-90 receipt notice. It is not a travel document.

Q: What happens if my green card expires while I am outside the U.S.?

A: Contact the nearest U.S. embassy or consulate to request assistance and potentially obtain a transportation letter for reentry. You’ll need to provide proof of your permanent resident status.

Q: How long can I stay outside the U.S. with a pending I-90?

A: While a pending I-90 itself doesn’t restrict your travel, lengthy absences (over six months) can raise concerns about your intention to maintain permanent residency.

Q: Is it better to wait until my I-90 is approved before traveling?

A: If possible, yes. Waiting until you have a valid green card or an ADIT stamp provides the safest option for reentry.

Q: Where can I get an ADIT stamp?

A: You can obtain an ADIT stamp at your local USCIS field office after scheduling an InfoPass appointment.

Q: Can I expedite my I-90 application if I have urgent travel plans?

A: You can request expedited processing by contacting USCIS and providing documentation to support your request (e.g., medical emergency, family emergency). However, approvals are discretionary and not guaranteed.

Q: Does filing an I-90 automatically extend my expiring green card?

A: No, filing an I-90 does not automatically extend your green card. USCIS may issue an extension sticker, but it’s not automatic. You should request an ADIT stamp if you need to travel.

Q: If my green card has incorrect information, can I still travel?
A: It is not recommended to travel with a Green Card containing incorrect information. Consider applying for an ADIT stamp while your I-90 is being processed, or wait until you receive the replacement card with the correct information.