At The Law Offices of James A. Welcome, we work with immigrants across Connecticut and the country every day who face difficult decisions about their futures. One of the most common questions we receive is: “Can I travel outside the United States while I’m undocumented or waiting on my immigration application?”

The answer is complex—and under the Trump administration’s renewed focus on strict enforcement and rapid deportation, the risks have never been greater.

Whether you are undocumented, have a pending marriage-based green card, are applying for asylum, DACA, TPS, or any other form of immigration relief, understanding how travel affects your legal status is essential. Leaving the country, even briefly, may permanently damage your chances of returning or adjusting your status.

This guide explores the legal consequences of traveling while undocumented or mid-process, why the Trump administration’s policies heighten the risks, and how seeking advice from a qualified immigration attorney could protect your future.

Current U.S. Immigration Law: Travel and Unlawful Presence

U.S. immigration law treats unlawful presence very seriously. If you are undocumented—or have stayed beyond the expiration of your visa—you may have already triggered a penalty under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).

Under this law:

• 180 days to less than one year of unlawful presence followed by departure results in a 3-year bar from reentering the U.S.
  
• One year or more of unlawful presence followed by departure triggers a 10-year bar from reentry.
  

These bars apply even if you leave voluntarily, and even if you later become eligible for a green card or visa. They also apply to applicants who are married to U.S. citizens or lawful permanent residents.

That means even a quick trip abroad to visit a sick relative or attend a family event could result in being locked out of the country for years—with no guarantee of reentry.

Advanced Parole and Special Travel Permissions

Some immigrants may be eligible for Advance Parole, which allows certain individuals with pending immigration applications to temporarily leave and return to the U.S. lawfully. This includes:

• Individuals with pending Adjustment of Status (Form I-485)
  
• Certain DACA recipients (although rarely approved now)
  
• Asylum applicants in limited situations
  

However, Advance Parole must be granted before you leave. If you travel without it, your application is likely to be considered abandoned by U.S. Citizenship and Immigration Services (USCIS).

Even with approved parole, there is no guarantee of reentry. U.S. Customs and Border Protection (CBP) retains discretion to deny your return if they find you inadmissible or believe your departure was inconsistent with immigration law.

Travel Risks for Undocumented Immigrants

One of the most important—and often misunderstood—questions we receive at The Law Offices of James A. Welcome is: “Can I travel outside the United States if I’m undocumented?”

Our answer is almost always the same: No, you should not travel abroad without speaking to a qualified immigration attorney first.

Leaving the U.S. without lawful status doesn’t just mean risking a difficult return—it often means triggering automatic penalties under federal law that could block your return for years, if not permanently.

In many cases, the decision to travel may lead to permanent separation from your family and the life you’ve built here. Below are the key risks:

1. You Will Likely Be Denied Reentry at the U.S. Border

If you leave the country while undocumented, U.S. Customs and Border Protection (CBP) can deny your return at the port of entry—even if you’ve lived in the U.S. for years or have U.S. citizen family members. Reentry is not guaranteed for undocumented individuals, and CBP has broad discretion to turn you away without further review.

2. Your Departure May Trigger a 3- or 10-Year Bar

Federal law imposes automatic reentry bars based on how long you’ve been in the U.S. unlawfully:

• 180 days to under 1 year of unlawful presence: triggers a 3-year bar
  
• 1 year or more of unlawful presence: triggers a 10-year bar 

These bars apply as soon as you leave the U.S.—even if the departure was voluntary and even if you’re married to a U.S. citizen. You may be barred from returning for years, regardless of whether you qualify for a visa or green card in the future.

3. You May Not Qualify for a Waiver of Inadmissibility

To overcome a reentry bar, you may need to apply for a waiver of inadmissibility—a legal request that asks the U.S. government to forgive your prior unlawful presence. However, these waivers are not easy to obtain. You must show that your absence would cause extreme hardship to a qualifying U.S. citizen or permanent resident spouse or parent. Under current Department of Homeland Security (DHS) policy, the standards for hardship have tightened, and approval is far from guaranteed.

4. You May Be Subject to Expedited Removal

If you are denied reentry, CBP may place you into expedited removal—a fast-track deportation process that happens without a hearing before an immigration judge. Once you’re removed under this procedure, reentry becomes even more difficult. You may face additional penalties and be labeled inadmissible for years or even permanently, depending on your history.

5. Even Domestic Travel Can Carry Risk

You don’t have to leave the country to encounter immigration enforcement. Domestic travel—especially near borders, airports, or transportation hubs—can also put undocumented individuals at risk. In recent months, interior checkpoints and ICE operations have expanded under the Trump administration, with agents making arrests at bus stations, train terminals, and airports throughout the U.S.

If you are undocumented and traveling through these areas, you may be stopped, questioned, or detained. What used to be considered routine travel within the U.S. is no longer risk-free for those without legal status.

Trump Administration’s Aggressive Immigration Enforcement

Since returning to office, President Trump has revived and expanded the use of expedited removal, which allows immigration officers to deport certain individuals without a hearing before an immigration judge. This is particularly dangerous for those who travel, as CBP agents can make split-second decisions with life-changing consequences.

Additionally, the administration has made clear that removal is a top priority regardless of circumstances. Immigration enforcement is now targeting:

• Individuals with prior orders of removal
  
• Those previously considered “low priority”
  
• Applicants with denied or abandoned immigration petitions
  
• Undocumented immigrants with no criminal history
  

This means that even those applying in good faith for green cards or waivers may be detained or denied reentry, especially if they travel during the process.

Case Example: Marriage-Based Green Card Applicant Risks Reentry

Consider the hypothetical case of Maria, an undocumented immigrant who entered the U.S. without inspection over ten years ago. After marrying a U.S. citizen, she began the process of adjusting her status through a marriage-based green card application. While waiting on her interview, Maria decided to travel to Mexico to visit her aging parents.

Because she had over one year of unlawful presence, her departure triggered a 10-year reentry bar. Despite having a valid marriage and a pending case, she was denied reentry at the border, and her application was automatically considered abandoned by USCIS. Maria is now stuck outside the country and must apply for a waiver—which may or may not be granted.

Her situation could have been avoided with legal guidance before making that decision.

Do the Benefits of Travel Outweigh the Risks?

For most undocumented individuals, the answer is no.

Unless you have an approved Advance Parole document and a solid immigration strategy in place, traveling while undocumented or while your case is pending may do more harm than good.

Even if the reason to travel is compassionate or urgent, immigration law does not currently allow exceptions for hardship, illness, or emergencies unless pre-approved.

And with DHS officials prioritizing removals and disregarding prior discretion-based policies, the consequences of one wrong move can be life-altering.

Domestic Travel Can Still Be Risky

Many immigrants believe that travel within the U.S. is safe if they avoid international borders. But under Trump-era enforcement, CBP and ICE have increased interior operations, especially in areas near major airports, border states, and regions with high undocumented populations.

Traveling by plane or through areas with checkpoints—even domestically—can result in detainment if an agent requests ID and cannot verify lawful presence.

We advise all immigrants without status or with pending applications to consult an immigration attorney before traveling anywhere that might involve contact with immigration enforcement.

Why Legal Guidance Matters Now More Than Ever

At The Law Offices of James A. Welcome, we know that immigration law is complicated, and one wrong decision can lead to serious consequences. Whether you’re adjusting status through marriage, seeking asylum, renewing DACA, or exploring other immigration relief, our experienced team will review your case, identify risks, and help you avoid costly mistakes.

Here’s what we offer:

• Risk assessment before travel
  
• Waiver eligibility reviews
  
• Case strategy for green card, TPS, asylum, and more
  
• Support in emergency travel and Advance Parole applications
  
• Representation in removal defense if needed

Having a dedicated legal team in your corner ensures you’re making informed choices. With policies shifting fast, protecting your path to lawful status means planning carefully—and not putting your future in jeopardy.

Speak to an Immigration Attorney Before Making Any Travel Plans

If you are undocumented or have a pending immigration case and are thinking about leaving the United States—even temporarily—you need to understand this: one decision can jeopardize everything you’ve worked for.

At The Law Offices of James A. Welcome, we’ve seen too many individuals make the mistake of traveling without understanding the legal consequences. Some were separated from their families for years. Others lost their chance at lawful status altogether.

Whether you’re applying for a green card, DACA, asylum, or another form of relief—or if you have no current immigration status at all—you should not travel outside the U.S. without first speaking to a qualified immigration attorney. The risks are real, and under the Trump administration’s aggressive enforcement approach, the consequences are harsher than ever.

We’re here to help you make the right call. Our team provides clear, honest legal advice backed by decades of experience serving immigrants throughout Waterbury, Danbury, Norwalk, Hartford, and Bridgeport. We’ll assess your unique situation, explain your legal options, and guide you through the safest path forward.

Call us today at (203) 753-7300 or visit www.welcomelawfirm.com to schedule a consultation.

Don’t risk your future on guesswork. Know your rights, get legal protection, and make informed decisions—before you make a move.