Travel Permit

Important Update!

Is it safe to travel on AP/Travel Permit right now?

We do not recommend traveling currently, until we can see how the Trump administration is going to treat travel.  When Trump was president last time, he did not affect or try to cancel travel permits. And so far, we haven’t seen any direct signs that the administration plans to change this.  But, to be cautious, we recommend not traveling at least until a few months into the new administration. This will give us time to monitor the situation, and learn if there are any cases of people having trouble returning and detect any changes in travel policies. Keep eyes on our social media or our travel guidance website for updates. And if you have a family emergency and need to travel, please know that we can't eliminate risk and that you should follow the guidelines below.

Important Information

Before Traveling

Outside the U.S. With Your Travel Permit 

As lawyers, we want you to know that there is always a risk when traveling outside the U.S. with your travel permit. This risk cannot be completely eliminated, but there are steps you can take to reduce it. 

Until recently, we had not heard of anyone being unable to return to the U.S. with a travel permit issued in a VAWA case. However, we now know of an incident in Newark, NJ, where this occurred. It is important for you to be informed about these risks when traveling. 

In this incident, the individual was denied entry because they did not adequately respond to questions about their VAWA case. If you decide to travel, you may be asked questions about your case when returning to the U.S. Officials want to confirm that you understand your case and that the statements in your application are true. If it seems you do not understand your case or do not qualify, you could be denied reentry. 

Understand the Violence Against

Women’s Act (VAWA) and “Abuse”

Upon returning to the U.S., you may be questioned by officials. They may search your belongings and your phone. If you are taken to an area called “Secondary Inspection,” it means they have more questions. If this happens, ask to call your immigration lawyer and call us at (877)411-7669, a special line reserved for emergencies at the border. 

What Should You Be
Prepared to Answer?

Understand that the Violence Against Women Act relates to problems with the person mentioned in your case. These problems are termed “abuse,” even if they do not seem severe. If asked whether you have suffered “abuse,” you must confirm that you have, as this is key to your case. 

1- Know your VAWA case

Read your declaration before traveling. Be ready to affirm that what it says is true. If asked about the problems with the person in your declaration, your answers must match what you wrote. Let us know if corrections are needed in your declaration, and we will be happy to advise you. 

2- Review your declaration

Bring a valid passport that will not expire for at least six months after your return, along with your work and travel permit card (combo card) or your approved I-512 form, and copies of your receipt notices for the I-360 and I-485 forms. Also, bring a copy of your U.S. driver’s license or another U.S.-issued ID. 

3- Necessary documents

You can be questioned at any airport, especially if returning from airports in New York, New Jersey, Vermont, Massachusetts, Connecticut, or Miami.

4- Be prepared

Immigration officials want to ensure your case is legitimate and that you understand it is based on VAWA. You should be ready to affirm this and answer “yes” if asked whether you have suffered “abuse,” even if it was not physical abuse. 
Remember that there are confidentiality laws protecting your VAWA case, and we have seen no indication that your family member could be harmed by answering these questions or affirming your declaration. 

If you feel uncomfortable traveling due to these questions, we understand your concern. The decision to travel is personal, and only you can make it. If you decide to do so, please follow these precautions to minimize risks. 

Are There Other Factors That

Increase the Travel Risk?

Yes. Factors such as crimes, especially related to drugs or violence, as well as having active or prior deportation proceedings can increase risk. Additionally, a history that could lead officials to believe you are related to drug trafficking or gangs carries a higher risk. 

As always, we are here to help you. Please feel free to call us if you have any questions.