My client wants to travel on their approved T visa. Can they?
The T visa is not a travel document allowing re-entry to the U.S. and for the reasons that follow, we generally advise against traveling until the T visa holder has been granted permanent residence.
Although a T visa holder may obtain Advance Parole to re-enter the U.S. and resume T nonimmigrant status, we generally recommend against travel abroad as it may require the assumption of unnecessary risk and re-entry is not guaranteed. For example, U.S. Customs and Border Protection (CBP) may hold a T nonimmigrant at a port-of-entry or may deny the entry due to unfamiliarity with the T visa or unwaived grounds of inadmissibility.
Additionally, travel outside of the U.S. may impact a T-1 nonimmigrant's ability to adjust by undermining the applicant's extreme hardship argument or breaking their continuous physical presence. Keep in mind that at the initial T visa phase, a T-1 applicant had to prove that they would suffer extreme hardship involving unusual and severe harm upon removal. At adjustment, a T-1 holder may need to re-establish extreme hardship. 8 CFR § 245.23(a)(6)(ii). Additionally, any single absence of more than 90 days will break a T-1 applicant's continuous physical presence required under 8 CFR § 245.23(a)(3).
Legal representatives should discuss these risks with T visa holders ahead of a decision to travel and should prepare clients for potential issues at re-entry before departure. Additionally, legal representatives should be sure to advise T holders that advance parole must be obtained prior to departure from the U.S. 3 USCIS-PM B.12.B.
Additional Resources:
- USCIS Policy Manual, Vol. 3, Part B, Ch. 12 - Travel
- T Visa Part 2 e-learning course