How to Travel to the USA With a Pending US Visa Application

This article was last updated and fact checked on October 11, 2024 by Mani Karthik.

So, you’re waiting on a US visa decision, but life’s moving on, and you’ve got urgent travel plans to the USA.

Can you still pack your bags and go? Well, it depends. Traveling to the USA with a pending visa application can be tricky, and it largely depends on the type of visa you’ve applied for, your current visa status, and how your travel plans fit in.

Let’s break down the essential details on what you can (and can’t) do while you’re waiting for that visa approval.

1. Understanding the Visa Type You’ve Applied For

First things first—what type of visa are you applying for? This makes all the difference. If you’re applying for a non-immigrant visa (like a tourist visa or a student visa), the rules will differ from those applying for immigrant visas (like a green card).

For instance:

• Non-immigrant visa applications (B1/B2, F-1, H-1B, etc.): You’re not technically barred from traveling while waiting, but your entry may be questioned if the immigration officer suspects you’re intending to stay longer than allowed.
• Immigrant visa applications (family-sponsored green cards, employment-based green cards, etc.): You may have to wait until your green card is approved to avoid any complications. Entering the US as a visitor while an immigrant visa is pending might raise red flags.

Pro Tip: If you’re in the middle of a green card process, trying to enter on a tourist visa can cause issues. The US government might think you’re trying to bypass the immigration process.

2. Do You Have a Valid Visa to Enter?

If you have a valid visa (B1/B2, F-1, etc.) already stamped in your passport while waiting for another visa type to be approved, you’re technically allowed to travel. However, US Customs and Border Protection (CBP) at the port of entry has the final say on whether you can enter.

At the border, you’ll have to prove that you’re coming for the reason your current visa allows, and you’re not planning to stay beyond your authorized period. CBP officers might ask tough questions if they notice you have a pending visa application that suggests long-term or permanent residency.

Pro Tip: Make sure you carry proof of your intention to return to your home country (such as a return flight, proof of employment, etc.).

3. Traveling While Waiting for a Change of Status

If you’re already in the US on one visa (let’s say an F-1 student visa) and you’ve applied for a change of status to another type of visa (H-1B or a green card), leaving the US can be risky.

Once you leave the US, your change of status application is considered abandoned. That means if you travel abroad while your application is pending, you might have to start the whole process again once you return.

However, if you’re simply renewing a visa (like an H-1B), travel may be allowed, but you should be cautious and confirm with your attorney.

Pro Tip: If you need to travel while waiting for a change of status, consult with an immigration attorney first. It’s better to be safe than sorry.

4. Advance Parole for Green Card Applicants

If you’ve applied for a green card and need to travel while your application is pending, you might be eligible for Advance Parole. This travel document allows you to leave the US and re-enter without abandoning your green card application.

Here’s what you need to know about Advance Parole:

• It’s essentially a permit that allows you to travel abroad and return while your adjustment of status is pending.
• You should apply for Advance Parole using Form I-131 before traveling.
• If you leave without it, your green card application could be considered abandoned, and you’ll need to reapply.

Pro Tip: Always carry your Advance Parole document with you when traveling, and be prepared to show it at the port of entry.

5. Entering the USA Without a Decision on Your Pending Visa

It’s important to know that US CBP officers have the final say at the border. Even if you have a valid visa, they can deny your entry if they suspect you’re not planning to follow the terms of your visa.

Here’s how to handle your entry:

• Be clear and honest: Explain why you’re visiting and how long you plan to stay.
• Show proof of ties to your home country: Bring evidence like a return ticket, proof of ongoing employment, or property ownership.
• Be prepared for additional questioning: If officers see that you have a pending visa application for permanent residency, they might be suspicious of your intentions.

Pro Tip: Always carry extra documentation that shows you have strong reasons to return to your home country.

Final Thoughts

Traveling to the USA with a pending visa application can feel like walking on thin ice—it’s possible, but you need to be cautious. Whether or not you’re allowed to enter depends on your visa type, your current visa status, and how well you prepare for your trip.

If you’re unsure about your situation, it’s always best to check with an immigration attorney or directly with the US embassy before making any travel plans.

When in doubt, remember: staying honest, well-prepared, and informed is your best bet! Safe travels!