Can I Travel With Combo Card? Avoid Travel Delays & Problems

Yes, you can generally travel with a combo card, but it’s essential to understand the specifics, including which type of combo card you have, the conditions of your pending application, and any potential risks. This comprehensive guide will help you navigate the complexities of traveling with a combo card to avoid potential delays and problems.

Image Source: rjimmigrationlaw.com

What is a Combo Card?

A combo card is officially called the Employment Authorization Document (EAD) and Advance Parole Document. It combines the functionality of a work permit (EAD) and permission to re-enter the United States after temporary travel abroad (Advance Parole) into a single card. It is typically issued to individuals with pending applications for Adjustment of Status (Form I-485, to get a Green Card).

Different Types of Combo Cards

There are two main types of combo cards:

• Based on Pending I-485: This is the most common type, issued to individuals who have filed Form I-485 (Application to Register Permanent Residence or Adjust Status). The card allows them to work in the U.S. and travel abroad while their green card application is being processed.
• Based on Other Categories: While less frequent, combo cards can also be issued based on other immigration categories that allow for both employment authorization and advance parole. These are typically related to specific humanitarian or public interest reasons.

Why is a Combo Card Necessary?

While you are waiting for your green card, you are generally in a “pending” status. If you leave the U.S. without advance parole, U.S. Citizenship and Immigration Services (USCIS) may consider that you abandoned your I-485 application. Similarly, without an EAD, your ability to work legally may be restricted.

Advance Parole Combo Card Travel

The advance parole feature on your combo card is crucial for international travel while your I-485 is pending.

What is Advance Parole?

Advance Parole is permission granted by USCIS to certain foreign nationals to re-enter the U.S. after traveling abroad. It’s given in advance of your departure, hence the name. Without advance parole, your departure could be seen as abandoning your green card application.

Obtaining Advance Parole

You typically apply for advance parole by filing Form I-131 (Application for Travel Document). If you are applying for a combo card based on a pending I-485, the I-131 is usually included with the I-485 application package. USCIS will then issue the combo card which serves as both your EAD and Advance Parole document.

Combo Card International Travel

Traveling internationally with a combo card has certain considerations and potential pitfalls.

Planning Your Trip

Before booking any travel, verify the expiration date on your combo card. Make sure it will be valid both when you leave and when you return to the U.S. It’s also a good idea to allow ample time for your return, in case there are unforeseen delays.

Documents to Carry

When traveling with your combo card, carry the following documents:

• Your valid combo card.
• A copy of your I-485 receipt notice.
• A copy of your I-131 approval notice (if separate from the combo card approval).
• Your passport (valid for at least six months beyond your intended stay outside the U.S.).
• Any other immigration documents, such as your previous visa or I-94.

At the Port of Entry

Be prepared to present all your documents to the Customs and Border Protection (CBP) officer at the port of entry. The officer will review your documents and determine whether to admit you back into the U.S. Keep in mind that even with a valid combo card, admission is not guaranteed. The CBP officer has the final say.

Combo Card Travel Restrictions

While a combo card facilitates travel, it also comes with restrictions and potential risks.

Travel Restrictions

While there are no hard restrictions on destinations, it’s generally advisable not to travel to your country of origin while your I-485 is pending, especially if your application is based on asylum or fear of persecution in that country. Traveling there might raise questions about the validity of your asylum claim.

Potential Risks

• Denial of Re-entry: Although unlikely, CBP has the authority to deny re-entry even with a valid combo card. This can happen if they have reason to believe you are no longer eligible for adjustment of status or if you have violated any immigration laws.
• Delays: Be prepared for potential delays at the port of entry. CBP officers may need to conduct additional checks, which can take time.
• Changes in Immigration Laws: Immigration laws and policies can change rapidly. Before traveling, check for any recent updates that might affect your ability to re-enter the U.S.

Green Card Combo Card Travel

If you already have a green card, a combo card is generally not needed for travel. Your green card serves as proof of your permanent resident status and allows you to re-enter the U.S. after temporary travel abroad. However, there are scenarios where a re-entry permit might be beneficial.

Re-Entry Permit

If you plan to be outside the U.S. for more than one year but less than two, you should apply for a Re-entry Permit before you leave the U.S. A re-entry permit allows a green card holder to maintain their permanent resident status while abroad for an extended period.

Abandonment of Green Card

Spending too much time outside the U.S. (generally more than one year without a re-entry permit) can lead to the abandonment of your green card. If CBP suspects you no longer intend to live permanently in the U.S., they can revoke your green card.

I-131 Travel Document

Form I-131 is the Application for Travel Document. It is used to apply for Advance Parole, a Re-entry Permit, or a Refugee Travel Document.

Applying for I-131

When applying for Advance Parole, you must provide evidence to support your need to travel. This may include:

• Medical emergencies involving family members abroad.
• Business trips.
• Educational opportunities.
• Humanitarian reasons.

Processing Times

Processing times for Form I-131 can vary. Check the USCIS website for the most up-to-date estimates. It’s essential to apply well in advance of your planned travel date.

I-485 Pending Travel

Traveling while your I-485 is pending is generally permissible with a valid combo card, but there are critical points to consider.

Traveling Without Advance Parole

Never travel outside the U.S. while your I-485 is pending without first obtaining advance parole (i.e., a valid combo card with the Advance Parole feature). Doing so is generally considered abandonment of your I-485 application. There may be some very limited exceptions for those in H-1B or L-1 status. Consult with an immigration attorney.

What if My Advance Parole Expires While I’m Abroad?

If your advance parole document expires while you are outside the U.S., you will likely not be allowed to re-enter. You will need to contact the nearest U.S. embassy or consulate to apply for a returning resident visa, which can be a lengthy and complicated process.

EAD Travel Document

While the EAD portion of the combo card allows you to work in the U.S., it is not a travel document by itself. You need the Advance Parole feature on the combo card to travel internationally while your I-485 is pending.

Using EAD for Employment

Your EAD allows you to work legally in the U.S. for any employer. Make sure your employer has a copy of your valid EAD.

EAD Renewal

If your EAD is about to expire and your I-485 is still pending, you will need to renew your EAD. File Form I-765 (Application for Employment Authorization) well in advance of the expiration date to avoid any gaps in your work authorization.

Re-Entry Permit Combo Card

A re-entry permit is different from the Advance Parole feature on a combo card. It is specifically for green card holders who plan to be outside the U.S. for an extended period (more than one year but less than two). A re-entry permit preserves your permanent resident status while you are abroad. A combo card combines an EAD and Advance Parole. It is for those with pending adjustment of status.

Applying for a Re-Entry Permit

To apply for a re-entry permit, file Form I-131 before you leave the U.S. You must be physically present in the U.S. when you file the application.

Validity of Re-Entry Permit

A re-entry permit is typically valid for two years from the date of issuance.

Combo Card Travel After Approval

What happens after your I-485 is approved and you receive your green card?

Traveling After Green Card Approval

Once you have your green card, you no longer need a combo card for travel. Your green card serves as proof of your permanent resident status and allows you to re-enter the U.S. after temporary travel abroad.

Surrendering Your Combo Card

After your I-485 is approved, it is generally a good idea to surrender your combo card to USCIS. This helps avoid any confusion in the future.

Steps to Take Before Traveling with a Combo Card

Here’s a checklist to follow before traveling with your combo card:

1. Verify the Expiration Date: Make sure your combo card is valid for the duration of your trip.
2. Gather Necessary Documents: Collect your combo card, I-485 receipt notice, I-131 approval notice, passport, and any other relevant immigration documents.
3. Consult with an Immigration Attorney: If you have any concerns or unique circumstances, consult with an experienced immigration attorney.
4. Check for Travel Advisories: Stay informed about any travel advisories or restrictions that may affect your trip.
5. Make Copies of Your Documents: Keep copies of all your important documents in a separate location in case the originals are lost or stolen.

Seeking Legal Advice

Immigration laws can be complex and subject to change. If you have any doubts or concerns about traveling with a combo card, it’s always best to consult with an experienced immigration attorney. An attorney can assess your specific situation and provide personalized advice.

Summary

Traveling with a combo card while your I-485 is pending is generally permissible, but it’s crucial to be aware of the requirements, restrictions, and potential risks. By following the guidelines outlined in this article and seeking legal advice when necessary, you can minimize the chances of encountering problems and ensure a smooth and stress-free travel experience.

Frequently Asked Questions (FAQ)

• Q: Can I travel while my I-131 is pending?
  • A: It is not advisable to travel while your I-131 application for advance parole is pending. Leaving the U.S. before the I-131 is approved could result in the denial of your application and, more significantly, the abandonment of your I-485 application.
• Q: What happens if my advance parole is denied after I leave the U.S.?
  • A: If your advance parole is denied after you have already left the U.S., you will likely not be allowed to re-enter. You will need to consult with an immigration attorney to determine your options.
• Q: Can I use my combo card to travel to any country?
  • A: While your combo card generally allows you to travel to any country, it is not recommended to travel to your country of origin, especially if your I-485 is based on asylum or fear of persecution in that country.
• Q: How long is a combo card valid for?
  • A: The validity period of a combo card varies, but it is typically valid for one or two years. Check the expiration date on your card.
• Q: Is a combo card the same as a green card?
  • A: No, a combo card is not the same as a green card. A combo card is a temporary document that allows you to work and travel while your green card application is pending. A green card is proof of your permanent resident status.
• Q: What should I do if I lose my combo card while traveling abroad?
  • A: If you lose your combo card while traveling abroad, report the loss to the local police and the nearest U.S. embassy or consulate. You will likely need to apply for a returning resident visa to re-enter the U.S.
• Q: Can I apply for an extension of my advance parole while I am outside of the United States?
  • A: No. You cannot apply for an extension of your advance parole while outside the United States. You must be physically present in the U.S. to file Form I-131. If your advance parole document expires while you are abroad, you will generally need to obtain a returning resident visa to re-enter.

This information is for general knowledge only and does not constitute legal advice. You should always consult with an experienced immigration attorney for advice tailored to your specific situation.