It Is Important to Know the Answer to the Question, Can I Travel with a Visa?

Many visa holders wonder, can I travel with a visa? Those who are in the United States with legal authorization are allowed to travel under certain circumstances. Your visa is valid through a specific date. During the time that your visa is valid, you may travel about the U.S. as much as you like. However, there are some restrictions that apply if you intend to travel outside the country.

The Difference between Re-entry and New Admission

Visa holders are generally allowed to travel to Canada or Mexico for a period of time that does not exceed 30 days. This is considered re-entry, and is allowed as long as it is within a six month period following your arrival. The arrival date is noted on your original I-94 form.  Re-entry only applies when traveling to contiguous countries. If you plan to visit other countries, your return is typically considered a new admission.

You Must Be Eligible for Re-entry

If you plan to leave and return, you must be eligible for re-entry on the date of your arrival. For example, your visa cannot be expired at the time you re-enter the U.S. There are other factors to be aware of as well. If you were arrested of a crime, or have a warrant for your arrest, your eligibility to re-enter could be revoked.

Advance Parole is required for International Travel

Those who plan to travel internationally must first obtain advance parole. Advance parole is legal authorization to travel and is provided by the United States Citizenship and Immigration Services (USCIS). It is important to note that authorization must be obtained prior to departing on your trip. The failure to do so will result in the inability to re-enter the United States when you return. Apply for advance parole in plenty of time before your planned trip.

Must Prove Your Permanent Residency

Some people travel around the world quite a bit. For this reason, the USCIS wants to be certain people do not take advantage of their status to stay too long in the United States. For this reason, you should be able to prove that you continue to maintain a residence in your homeland, and intend to visit the U.S. on a temporary basis. The local authorities will review your documentation and determine your legal ability to return to the U.S. after your visit abroad.

Immigration and travel issues can be complicated. When you need help with immigration and visa issues, call the experienced lawyers at Udall Shumway PLC for guidance.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Can I Travel with a Visa, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.