T nonimmigrant status granted in the U.S. (commonly referred to as a "T visa") is not a travel document allowing re-entry to the U.S. [1] Although a T visa holder may obtain Advance Parole to re-enter the U.S. and resume T nonimmigrant status, we generally caution 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 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)(7)(ii). Additionally, any single absence of more than 90 days (or absences totaling 180 days) will break a T-1 applicant's continuous physical presence required under 8 CFR § 245.23(a)(4)(i).

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). [2]

Additional Resources:

• USCIS Policy Manual, Vol. 3, Part B, Ch. 12 - Travel
• 9 FAM 402.6-5(F)(7)
• CAST T AOS checklist
• CAST T Visa Part 2 e-learning course

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Last updated October 2024

[1] Additionally, T derivatives who consular process are typically issued single-entry visas that do not allow for re-entry.

[2] T-1 nonimmigrants must obtain advance parole prior to departing the U.S. to preserve their ability to resume T status upon return to the U.S. T derivatives may either apply for advance parole or may consular process to obtain a new T derivative visa allowing entry to the U.S. 3 USCIS-PM B.12(B). Note that T derivatives who plan to consular process may need a waiver of inadmissibility for any grounds triggered after their admission into T status. USCIS confirmed in April 2024 that a T nonimmigrant who obtains advance parole and returns to the U.S. from a trip abroad with that advance parole and before expiration of their T validity period is considered to have resumed T status after expiration of the CBP parole.