Immigration And Criminal Defense Lawyers

Can immigrants go home for a death and return to the USA?

On Behalf of | Aug 10, 2026 | Immigration Law |

When a loved one dies, many immigrants face an urgent and painful question: is it possible to leave the United States, attend the funeral or support family abroad and still return without jeopardizing immigration status? The answer depends entirely on the type of status a person currently holds and whether they have valid travel authorization.

For individuals with pending applications, travel requires special caution. Those applying for permanent residence through adjustment of status generally cannot leave the country unless they have been granted advance parole. Without it, the application may be considered abandoned.

What about emergencies?

In emergency situations, such as the death or critical illness of an immediate family member, some applicants may request expedited advance parole at a local USCIS office. The U.S. Department of State recognizes life‑or‑death emergencies as legitimate grounds for urgent travel, which can help support the request.

DACA recipients may also travel only with advance parole. Humanitarian reasons, including a death in the family, fall within the permitted categories. Travel without advance parole can lead to loss of the ability to reenter the United States.

Complications for asylees

Asylum applicants may qualify for advance parole, but returning to the home country can create complications because it may conflict with the basis of the asylum claim. Each situation is unique, and individuals often need to weigh the risks carefully before making plans.

Permanent residents typically are protected

Those who already have permanent resident status can usually travel abroad and return, provided the trip is temporary and they maintain ties to the United States. Short emergency travel is typically not a problem, although long absences or certain legal issues can affect reentry.

In all situations, travel during an emergency requires careful planning. Understanding the rules for advance parole, temporary travel and reentry can help immigrants navigate a difficult moment while protecting their future in the United States.