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Can I travel out of US with form I-797?

Can I travel out of US with form I-797?

The I-797 form, also known as the Notice of Action, is a crucial document in the immigration process for individuals seeking to temporarily work or reside in the United States. It serves as an approval notice, indicating that a petition or application submitted to United States Citizenship and Immigration Services (USCIS) has been accepted and processed. However, when it comes to traveling outside of the US with the I-797 form, there are several factors to consider.

In general, the I-797 form alone is not sufficient to prove your eligibility for re-entry into the United States after traveling abroad. It is recommended to possess a valid visa in addition to the I-797 form, as the form itself does not grant entry or re-entry into the US. Without a visa, you may encounter difficulties re-entering the country, as the I-797 form only signifies that your petition or application was approved.

Traveling internationally with the I-797 form requires careful planning and consideration. Here are some frequently asked questions related to this topic:

1. Can I travel outside the US with just the I-797 form?

No, the I-797 form alone does not grant you permission to travel outside of the US or guarantee your re-entry. A valid visa is typically required to travel internationally.

2. Do I need a visa to travel if my I-797 form states that I have a petition approved?

Yes, even if your I-797 form indicates that your petition has been approved, a visa is still necessary for travel outside of the US. The form itself does not serve as a visa or travel document.

3. Can I apply for a visa with the I-797 form?

While the I-797 form can provide supporting evidence for your visa application, it is not a substitute for a visa. You will still need to go through the standard visa application process and meet all the requirements set by the US consulate or embassy.

4. What should I do if my visa expires while I am abroad?

If your visa expires while you are outside of the US, you will need to apply for a new visa at a US consulate or embassy before returning. The I-797 form alone is not sufficient for re-entry.

5. Can I travel to Canada or Mexico without a visa if I have a valid I-797 form?

The rules regarding visa requirements for travel to Canada or Mexico vary depending on your nationality and specific circumstances. It is recommended to consult with the consulate or embassy of the country you intend to visit to determine their visa requirements.

6. Can I use the I-797 form as a travel document?

No, the I-797 form is not considered a valid travel document. It is an approval notice for a petition or application submitted to USCIS, not a travel document.

7. Should I carry my original I-797 form while traveling abroad?

It is recommended to carry a copy of your I-797 form with you while traveling, as it may serve as supporting documentation if needed. However, it is advisable to keep the original form in a secure location to avoid the risk of loss or damage.

8. Can I travel while my application is pending with USCIS?

Traveling outside of the US while an application is still pending with USCIS can have potential implications. It is crucial to consult with an immigration attorney or contact USCIS directly to understand the impact of your travel on the processing of your application.

9. Can I re-enter the US with an expired visa and a valid I-797 form?

Re-entry into the US with an expired visa can be challenging. It is recommended to apply for a new visa before attempting to re-enter the country, even if you have a valid I-797 form.

10. Can I travel outside of the US with an I-797 form for a change of employer?

If your I-797 form is for a change of employer, it is important to consult with an immigration attorney or contact USCIS to understand the specific implications for your travel plans. The change of employer may require additional documentation or procedures.

11. What should I do if my I-797 form is lost or stolen while traveling?

If your I-797 form is lost or stolen while you are traveling, it is imperative to notify USCIS as soon as possible. They will guide you through the necessary steps to replace the lost document.

12. Can I travel to my home country and return to the US with the I-797 form?

Returning to the US with just the I-797 form as a travel document is not recommended. It is advisable to possess a valid visa and consult with the US consulate or embassy in your home country before making any travel plans.

Remember, it is crucial to consult with an immigration attorney or contact USCIS directly to obtain accurate and up-to-date information regarding traveling outside of the US with an I-797 form. Regulations and requirements can vary depending on individual circumstances and immigration status.

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