Legal Question in Immigration Law in New York

Re: Travel permission on Green card.

Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.

If your fiance has been approved for a green card, that means that his passport has been stamped with an I-551 visa, which makes him a permanent resident pending receipt of the actual "green" card, which usually takes 12 months from date of approval. If he has a I-551 visa, he should be free to travel. However, now that he has violated his probation, it may be best to wait until actual receipt of the card; he may also be under a continuing obligation to report this information to the immigration authorities.

If he has not yet been approved for permanent residency, and expects approval in 12/04, he must obtain "advance parole" (permission) to travel. More significantly, there is a higher risk that his petition will not be approved as a result of the parole violation which, presumably, he may be under an obligation to report and/or the authorities will report.

I hope this has been of some help.