If you’ve been granted Special Immigrant Juvenile Status (SIJS), international travel is not allowed until you obtain lawful permanent residency. However, domestic travel within the United States is generally permitted.
At Odunlami Law, we help immigrant youth and their guardians navigate the complexities of SIJS, from understanding SIJS eligibility requirements to adjusting status and securing lawful permanent residency. Below, we explain the key travel restrictions and rights associated with SIJS—and how we can help you navigate the process safely.
Domestic Travel with SIJS Status
With SIJS status, you are generally allowed to travel within the United States. This means you can move from state to state without significant restrictions. However, it’s advisable to carry identification and documentation of your SIJS status when traveling, as you may be required to present them.
International Travel Restrictions for SIJS Recipients
Traveling outside the United States is not permitted for individuals with SIJS status until they obtain lawful permanent residency (a Green Card). Leaving the U.S. before securing this status may jeopardize your ability to return and could be considered abandonment of your application. Therefore, it’s crucial to remain in the United States until your immigration process is complete.
The Risks of Traveling Outside the U.S. With SIJS Status
Traveling outside the U.S. with SIJS status involves serious risks, including:
- Abandoning your SIJS application: If your SIJS petition is pending, leaving the country can be seen as abandoning your application, resulting in its denial.
- Being denied re-entry: Even if your SIJS petition has been approved, leaving the U.S. without lawful permanent residency could result in denial of re-entry upon return.
- Losing your immigration benefits: Traveling internationally without permanent resident status may force you to restart your immigration process, delaying your ability to legally reside permanently in the U.S.
Given these risks, it is best to avoid any international travel until you have a Green Card.
What Am I Allowed to Do with SIJS Status?
While you can’t travel internationally with SIJS status, there are still important rights and protections you gain, including:
- Protection from Deportation: You are recognized as needing protection due to abuse, abandonment, or neglect, which offers relief from removal proceedings.
- Eligibility to Apply for Lawful Permanent Residency: SIJS status allows you to apply for a Green Card, granting you permanent residency in the United States. Learn more about how to get a green card through SIJS.
- Access to Certain Public Benefits: Depending on your state, you may be eligible for specific public benefits and services.
It’s important to note that SIJS recipients cannot petition for immigration benefits on behalf of their parents.
What Happens After My SIJS Status Is Approved?
Once your SIJS status is approved, the next step is to apply for adjustment of status to become a lawful permanent resident (Green Card holder). This process involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. Once approved, you can live and work permanently in the United States.
If you’re unsure how to move forward, working with a trusted SIJS lawyer can help keep your case on track.
Can I Travel Outside the U.S. with a Green Card?
As a lawful permanent resident (Green Card holder), you are permitted to travel outside the United States. However, there are important considerations to keep in mind:
- Duration of Travel: Trips outside the U.S. lasting less than one year are generally permissible. However, absences longer than one year may be considered abandonment of your permanent resident status. To avoid this, it’s advisable to apply for a reentry permit before leaving the U.S. if you plan to be abroad for an extended period.
- Maintaining Residency: Frequent or prolonged trips abroad can raise questions about your intent to maintain U.S. residency. It’s essential to demonstrate continuous ties to the United States.
- Reentry Permits: If you plan to be outside the U.S. for more than one year, obtaining a reentry permit by filing Form I-131 is recommended. This permit helps facilitate your reentry into the United States.
Consult with an Immigration Lawyer at Odunlami Law
Navigating the complexities of immigration status and travel restrictions can be challenging. At Odunlami Law, we assist clients with SIJS status and related immigration matters. Our experienced team can provide personalized guidance to help you understand your rights, responsibilities, and the steps necessary to achieve your immigration goals. Contact us today for a consultation to help you make informed decisions about your travel plans and immigration status.
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