Summer Travel Recommendations for Every Immigration Status

What You Need to Know Before Your Family Travels this Summer

Summer is almost here. Before you book anything, review this guide. The travel recommendations are very different depending on where you stand legally.

1. Undocumented Immigration Status: Summer Travel Recommendations

If you are undocumented, don't travel internationally under any circumstances. Leaving the United States will result in being barred from returning and could trigger permanent bars to future immigration benefits.

For domestic travel within the U.S., there is still a risk. Even if you have heard of other undocumented people traveling without problems, their experience may not be the same as yours. Your risk depends on your immigration history, the airport or route you use, and whether immigration enforcement officers are present.

Air travel: TSA requires travelers to present acceptable identification, and foreign passports are generally listed among acceptable IDs for domestic flights. However, having an acceptable ID does not mean there is no immigration risk. ICE presence has been reported at U.S. airports and CBP is present at all international airport airports, so airports can be high-risk spaces for undocumented travelers.

For that reason, undocumented individuals should avoid non-essential air travel, especially through major or international airports, unless they have first reviewed their specific situation with an immigration attorney.

Road travel: Driving can also carry risk. U.S. Customs and Border Protection operates immigration checkpoints in certain areas inside the United States, not only directly at the border. At these checkpoints, officers may ask questions about citizenship or immigration status.

Key tips:

• You have the right to remain silent if questioned about your immigration status.

• Do not present false documents or claim to be a U.S. citizen if you are not.

• If you have a pending immigration case, prior removal order, past immigration encounters, or any uncertainty about your record, speak with an immigration attorney before traveling anywhere.

2. DACA Recipients and Other Work Permit Holders:

Domestic travel within the U.S. is generally fine for DACA recipients and most work permit holders. Keep a copy of your current Employment Authorization Document (EAD) with you.

International travel is a different matter entirely:

• DACA does not include travel authorization. Leaving the U.S. without approved advance parole will be treated as abandonment of your DACA status and will likely bar re-entry. Do not travel internationally without first speaking to an immigration attorney.

• Adjustment of status applicants (pending I-485): Leaving the U.S. without advance parole will typically abandon your green card application. Advance parole (Form I-131) must be approved before you leave.

• Pending U visa applicants with a work permit: If you have a pending U visa and received a work permit, it does not give you permission to travel internationally. Traveling internationally may create serious risks, including being unable to come back, triggering unlawful presence bars, or complicating the pending U visa case.

3. Lawful Permanent Residents (Green Card Holders)

Your green card allows you to leave and re-enter the United States, but there are real limits to know before traveling this summer:

1. Under 6 months abroad: Generally no issue. Make sure your green card is not expired before you travel and that it won't be expired when you return.

2. 6 months to 1 year: You may face questions from CBP about whether you have abandoned your U.S. residency. Bring documentation of your ties to the U.S.: a lease, tax returns, bank statements, or pay stubs.

3. Over 1 year: Your green card may be considered abandoned. If you know you'll be outside the U.S. for more than a year, apply for a re-entry permit (Form I-131) before you leave.

4. Criminal history: Certain convictions can make a green card holder inadmissible upon return. If you have any criminal history, speak with an immigration attorney before traveling internationally.

Key tips:

• Carry your green card at all, but especially when traveling.

• Extended travel abroad can interrupt the continuous residence period required for citizenship if you're approaching eligibility.

4. U.S. Citizens: The World Is Open So Plan Ahead

U.S. citizens cannot lose their citizenship by traveling abroad, no matter how long they stay. That said, a few practical reminders:

• Passport validity: Many countries require your passport to be valid for at least 6 months beyond your travel dates. Check now because passport renewal backlogs tend to spike in summer.

• Visas: Some countries require a visa before entering. Do your research!

• Dual citizens: Some countries require you to enter and exit on their passport if you hold dual nationality. Research the specific rules for your other country of citizenship before you travel.

Key tips:

• Renew your passport at least 6 months before any international trip.

• Enroll in the Smart Traveler Enrollment Program (STEP) at step.state.gov for safety alerts abroad.

These travel recommendations for your immigration status will help you plan your vacations without risking your family. What's safe for one person can be devastating for another depending on immigration status.

If you have any uncertainty about your travel rights, consult a qualified immigration attorney before making plans. Contact our office our bilingual team is here to assist you.

This article is for informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. Please consult a licensed immigration attorney for guidance tailored to your individual situation.