The holidays are a time to rest, celebrate, and reconnect. For individuals and families with immigration matters, they can also bring unique questions: Can I travel? Will leaving the U.S. affect my case? What if a consulate closes for the holidays? This guide shares practical steps to help you navigate the season with confidence.

1) Before You Book: Know Your Current Status.  

Your options depend on where you are in the process:

• Permanent Residents (Green Card Holders): International travel is generally allowed. Keep trips reasonable and carry your valid green card and passport. If you’ve been abroad for long periods, ask us about reentry permits.

• Adjustment of Status Applicants (AOS) with a Pending Green Card: Do not leave the U.S. without Advance Parole —doing so can be treated as abandoning your application. If you have approved Advance Parole, confirm it’s valid for your full trip.

• DACA or TPS Holders: International travel typically requires Advance Parole for specific purposes. Get individualized advice before making plans.

• Nonimmigrants (F-1, H-1B, O-1, B-2, etc.): Check visa stamp validity, I-94 record, school or employer letters, and any travel signatures (for students). Some categories face heavier holiday screening—build in extra time.

• Those with Prior Unlawful Presence or Orders: Even brief trips can carry serious risks. Please speak with an attorney before traveling.

• Any misdemeanors or felonies in the past:   Traveling with any criminal history, even if it was sealed, can prevent your reentry to the U.S., lead to your detention with ICE.  Speak to an attorney before you travel to know the potential risks.

2) Documents to Pack (Create a Travel Folder)

• Passport(valid for at least 6 months beyond your return, if possible)

• Status Evidence(green card, I-797 approvals, I-20/DS-2019 with recent travel signature, EAD, Advance Parole)

• Employment/School Letter if relevant

• Copy of Pending Filings(I-485, I-130, I-765, I-131 receipts)

• Emergency Contacts(your attorney and trusted family)

• Return Itinerary & U.S. Address(sometimes requested at inspection)

Make digital backups and keep hard copies in your carry-on.

3) Holiday Calendars & Case Timelines

• USCIS, consulates, and VAC/ASC biometrics centers may operate on reduced schedules and observe multiple holidays. If you have an interview, biometrics, or medical exam near late November, late December, or early January, confirm dates and plan around closures.

• Expect mail and courier delays. If you’re waiting on an approval notice, travel document, or passport return, avoid last-minute departures.

• Filing soon? Aim to complete submissions before peak closures to start the clock sooner.

4) If Your Case Is Pending

• Advance Parole: If you need AP for international travel, apply early. Do not depart until the document is approved and in-hand.

• Work Authorization (EAD): Renew well in advance of expiration to avoid holiday processing slowdowns.

• Address Updates: If you move during the holidays, update your address promptly so notices don’t get lost.

5) Re-Entry Reality Check

At the border, CBP may ask about your trip, status, and ties to the U.S. Bring clear, organized documents and answer calmly and truthfully. If you are referred to secondary inspection, it doesn’t necessarily mean a problem—just allow extra time between connecting flights.

6) Consular Processing Travelers

• Appointment Availability: December and early January can be tight. Book as early as possible and monitor your email for changes.

• Administrative Processing Delays: Build in buffer days in case visa issuance takes longer than expected.

• Police Certificates & Civil Docs: Double-check local holiday closures where you’ll obtain documents.

7) Family Gatherings & Sensitive Topics

Holiday conversations can surface tough questions about status. Plan a short, confident response and set boundaries. If you’re sponsoring a spouse, fiancé(e), parent, or child, timing your filings around travel and school/work schedules can reduce stress.

8) Financial Gifts & “Public Charge” Worries

Private gifts from family/friends are common during the holidays. The public-charge rules can be nuanced; gifts generally aren’t the focus, but every case is different. If you’re preparing an affidavit of support or concerned about household income, ask us before making big moves.

9) When to Call a Lawyer (Right Away)

• You plan to travel internationally and don’t have clear proof of status or valid travel authorization

• You’ve had prior overstays, removals, or criminal history

• Your interview/biometrics falls during holiday travel

• Your visa category is changing (e.g., F-1 to H-1B, or tourist to student)

• You’re managing both immigration and bankruptcy issues in the same household—coordination matters

How Stuart Law Firm Supports You During the Holidays

 

From family-based immigration and green cards & adjustment of status to citizenship & naturalization, VAWA, U visas, SIJ, asylum, immigration waivers(including I-601 and I-601A), visitor visas, work permits, and consular processing, we help you plan travel, protect pending cases, and reduce surprises.

Contact Stuart Law Firm
8002 Discovery Drive, Richmond, VA 23229
Serving clients across Virginia, including Northern Virginia, Hampton Roads, and surrounding communities.