Can You Travel While Your Green Card Application Is Pending?

ByBNW TEAM

Yes, under certain circumstances, you may be able to travel while your Green Card application is pending; however, travelling without legal authorisation might have serious immigration consequences. Specifically, applicants who have applied for Form I-485 to adjust their status are generally required to obtain Advance Parole before travelling out of the United States.
If they fail to do so, the USCIS may consider the pending adjustment application abandoned, subject to limited exceptions for certain non-immigrant statuses.

The travel rules in this context differ on the basis of your immigration history and current status. Consulting a immigration attorney Houston can help you explore your available legal options and thus avoid any complications.

What Happens If You Leave the U.S. While Form I-485 Is Pending?

If you leave the United States without first obtaining Advance Parole, USCIS may consider your adjustment of status application abandoned. Irrespective of the tenure of the trip, this rule may apply to any short- or long-duration travel plans. If you have a pending green card application, you do not have permission to travel the world, even to Mexico or Canada, and then reenter the U.S. freely.  According to your circumstances, traveling while having a pending green card application can cause serious consequences to your immigration process and also cause problems during reentry. Before leaving the U.S., consult a visa lawyer in Houston to understand the risks associated with your travel plans and, if any, the best ways to mitigate them.

What Is Advance Parole and Why Does It Matter?

Advance Parole is a travel authorization that allows an applicant to travel outside of the U.S. while their green card application is pending. With Advance Parole, the applicant can temporarily leave the country and then seek parole upon return. As per the eligibility requirements, applicants can request parole by filing Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.

However, Advance Parole must not be confused with a green card or a visa. Also, it does not guarantee admission upon return to the U.S. U.S. Customs and Border Protection (CBP) inspects and decides whether or not a traveller may be admitted or paroled. For a pending I-485 application, applicants must obtain Advance Parole to avoid complications and delays.

How to Apply for Advance Parole While Your Green Card Case Is Pending?

To apply for Advance Parole in case of a pending Form I-485, you must fill out Form I-131. It can be filed along with the Form I-485 or separately in case of a pending adjustment application. While filing I-131 with USCIS, applicants must carefully review the filing instructions and provide required evidence and documents, as well as the associated filing fees. You will receive an I-131 receipt notice, which confirms that USCIS has received your application. It must not be confused with approval of Advance Parole in any way.

Before you travel outside the country, make sure you have received the authorization to travel. You may also consult a green card lawyer in Houston to check whether or not your authorization is approved and issued.

Are There Exceptions to the Advance Parole Requirement?

For certain categories, including those qualifying for H-1B/H-4, L-1/L-2, K-3/K-4, or V non-immigrant status, an Advance Parole is not required to travel outside of United States. This application can avoid abandonment of a pending Form I-485 by meeting the applicable requirements of returning to the U.S. For Example, in the case of H-1B and L-1 visas, applicants must maintain eligibility of their status and, where required, must have a valid visa. Here, it is important to note that individual circumstances form the basis of eligibility and hence holding the status previously does not guarantee no abandonment of a pending adjustment application.

What If You Have Unlawful Presence or Other Immigration Issues?

Having an Advance Parole does not eliminate the need to maintain compliance with USCIS requirements for adjustment of application processing. Travelling internationally while having unlawful presence, prior immigration violations, removal orders, or possible grounds of inadmissibility can complicate the case further. In case you are involved in the above, the USCIS may impose additional conditions on your return to the U.S.

What Documents Should You Carry When Traveling?

If you are traveling internationally while you have a pending adjustment application, make sure you carry the following documents at all times.

  • valid passport
  • valid Advance Parole document, if applicable
  • copy of I-485 receipt notice
  • relevant immigration documents
  • other documentation supporting current status, where applicable

Make sure you fully understand the airline and country requirements and adhere to all conditions. Moreover, know that, as per your circumstances and immigration status the documentation requirements may vary.

When Should You Avoid Traveling While Your Green Card Application Is Pending?

You must avoid traveling if:

  • Advance Parole approval is pending
  • Immigration status is unclear or expired
  • History of unlawful presence
  • Prior removal or deportation
  • Inadmissibility concerns
  • Approaching an important USCIS interview or appointment

At Abbasi Immigration Law Firm, we are expert Houston Visa Lawyers with experience handling pending adjustment application cases. We help you explore options that do not jeopardize your reentry to the U.S. in case you have to travel while your green card application is pending.