Legal Question in Immigration Law in New York

Traveling abroad and change of name

Dear Laweyers,

I would like to ask you to give me advice regarding traveling arrangements abroad.I got married to the USA citizen and changed my name. However, my only document to travel is my passport with my maiden name. All other documents , for instance Advance Parole and pending petition for permanent resident are with my new name. What should I do? Can I travel with my old passport or do I have to change it.Unfortunately, I will have to send it to my home country to do so. Moreover, it contains my traveling visa, and I-94 and I may be call to immigration at any time. Could you give me advice how can I solve the problem with my new name and travel securely, so my pending case will not be trated as abondand.

Thank you for your time and advice.

Sylwia


Asked on 5/07/09, 8:33 pm

2 Answers from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Traveling abroad and change of name

If you have to travel and cannot update your passport in the US to indicate the change of name then you might have a problem.

You mentioned your I-94 visa, that tells me that you have either a B-1 or B-2 visa, you were originally allowed a 6 months stay in the US when you entered the country, did you go over that period before you got married?

Why is it that your embassy/consulate cannot amend your passport to show your new name here in the US?

What are you going to do if immigration calls you while you are away?

How long do you plan on being out of the country?

Patricia Martin-Gibbons

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Answered on 5/11/09, 10:08 am
Tsui Yee Yee & Durkin, LLP

Re: Traveling abroad and change of name

The advance parole document is the travel document you would use if you need to travel outside the US while your adjustment application is pending. As long as you have documents proving that you are the same person (such as your marriage certificate) I do not see an issue with travel. However, you should only travel if you have not been unlawfully present in the US for 180 days or more, regardless whether or not you have advance parole. If you have further questions please feel free to contact me.

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Answered on 5/08/09, 10:45 am


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