Immigration Advice: Be Careful Before You Travel Outside the USA

If you are not a US citizen, but you are a Legal Permanent Resident (LPR); or on a work or investor visa, living and working in the US; or you are an asylee; or you are attending school on a student visa in the United States; or you are in the US in lawful status, and are considering taking a brief trip outside the US, before you travel consider the following:

  1. Is your LPR card expired.
  2. Is your visa expired, or are you out of status?
  3. Have you been charged with a crime?
  4. Have you been convicted of a crime; or
  5. Is your passport expired?

If your LPR card has expired, do not travel until you file an application for a new LPR card and either receive your new LPR card or have your expired LPR card extended by the US Department of Homeland Security/ United States Citizenship and Immigration Services.

If your passport is expired, do not travel until you obtain a new passport. You need a valid LPR card or a valid visa and a valid passport to be admitted to the US upon return from your overseas trip. An expired passport will result in difficulties in being admitted at the port of entry when you return to the US, in fact, you may not be admitted and returned to where you came from.

If you have been charged with a crime and you travel outside the US while the criminal charges are pending against you, upon return, the charges filed against you will be detected at your port of entry and you may not be admitted and may be detained and placed in removal proceedings.

If you have been convicted of a crime, in the US, and decide to travel outside the US, you may be inadmissible upon return to the US and you may be detained and placed into removal proceedings, remain in detention until removal proceedings are completed against you, and ultimately removed from the US permanently.

If you have any concerns about whether you may travel outside of the US and return without consequences, such as removal proceedings being initiated against you, consult a qualified immigration attorney. Do the consultation before you travel. I would be happy to consult with you if you have any US immigration law questions or questions as to the points discussed herein. Feel free to contact me for a confidential consultation.

About the Author

Oliver J. Langstadt is a Jamaican American attorney
Oliver J. Langstadt is a Jamaican American attorney admitted to practice law in the state of Florida.  He was raised in St. Mary Jamaica, near Highgate. He completed his high school education at the Priory School in Kingston, Jamaica. He attended the University of Miami School of Law and graduated with his law degree in 1985.  He has been practicing law and immigration law for over twenty-five years.   He is well-seasoned in all aspects of immigration law, including family petitions, immigrant visas, non-immigrant visas, business visas, investor visas, waivers from removal and unlawful presence, naturalization applications, and removal defense.  He may be contacted at 305 648 3909 or via e-mail, at [email protected]   He welcomes the chance to be of service regarding your US immigration cases and matters.

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