Can I Travel While My Adjustment of Status Application Is Pending?

If you’re in the process of adjusting your status to become a lawful permanent resident of the United States, you might be wondering if you can travel internationally while your application is pending. It’s a common question, and the answer isn’t always straightforward.

How Adjustment of Status Works

Adjustment of status is the process by which an eligible individual already in the United States can apply for lawful permanent resident status (also known as getting a green card) without having to return to their home country for visa processing.

Think of adjustment of status as changing lanes on a highway. You’re already on the road (in the U.S.), but you’re moving from one lane (temporary status) to another (permanent residency). The question is: can you take an exit (travel internationally) while you’re in the middle of changing lanes?

The General Rule: Avoid Travel if Possible

As a general rule, it’s best to avoid international travel while your adjustment of status application is pending. Why? Because leaving the U.S. during this time can have serious consequences for your application.

Imagine you’re playing a board game, and you’ve almost reached the finish line. Traveling while your adjustment of status is pending is like voluntarily moving your piece backward several spaces. It’s risky and could potentially set you back in the immigration process.

The Consequences of Travel Without Proper Documentation

If you leave the U.S. while your adjustment of status application is pending without the proper documentation, you may be considered to have abandoned your application. This means all the time, effort, and money you’ve invested in your application could go to waste.

But it gets worse. Not only could your adjustment of status application be considered abandoned, but you might also have trouble re-entering the U.S. This is because once you’ve filed for adjustment of status, you’ve demonstrated an intent to immigrate permanently to the U.S. This can make it difficult to re-enter on a non-immigrant visa, which typically requires you to prove that you intend to return to your home country.

The Solution: Advance Parole

Now, this doesn’t mean you’re completely trapped in the U.S. while your application is pending. There’s a document called Advance Parole that can allow you to travel internationally without abandoning your adjustment of status application.

Think of Advance Parole as a special pass. Just like how a hall pass allows a student to leave the classroom without getting in trouble, Advance Parole allows you to leave the U.S. without jeopardizing your pending application.

How to Obtain Advance Parole

To get Advance Parole, you need to file Form I-131, Application for Travel Document, with USCIS. You can file this form along with your adjustment of status application, or you can file it separately after your adjustment application is already pending.

When you file for Advance Parole, you’ll need to provide a reason for your travel. This could be for business, a family emergency, or even a planned vacation. USCIS will consider your reason for travel when deciding whether to approve your Advance Parole request.

Processing Times and Planning Ahead

It’s important to note that Advance Parole isn’t issued instantly. As of 2023, it typically takes several months for USCIS to process an Advance Parole application. This means you need to plan well in advance if you think you might need to travel while your adjustment of status is pending.

Imagine you’re planning a long road trip. You wouldn’t wait until you’re about to run out of gas to start looking for a gas station. Similarly, you shouldn’t wait until you have an urgent need to travel to apply for Advance Parole. It’s best to apply early, even if you’re not sure you’ll need it.

The Risks of Traveling with Advance Parole

Even with Advance Parole, international travel while your adjustment of status is pending isn’t without risks. Here are two things to keep in mind:

1. Advance Parole doesn’t guarantee re-entry: While Advance Parole allows you to leave the U.S. without abandoning your application, it doesn’t guarantee that you’ll be allowed back in. You’ll still need to be inspected by a Customs and Border Protection officer upon your return, and they have the authority to deny your entry if they believe you’re inadmissible for any reason.
2. Your application could be decided while you’re away: If USCIS makes a decision on your adjustment of status application while you’re out of the country, it could complicate your situation. If your application is approved, you’ll need to return quickly to complete the process. If it’s denied, you might face challenges re-entering the U.S.

Think of these risks as potholes on the road. They don’t necessarily mean you can’t or shouldn’t travel, but you need to be aware of them and navigate carefully.

Special Considerations for Applicants on Employment Visas

If you’re in the U.S. on a valid H-1B or L-1 visa, in addition to your pending adjustment of status application, you might have two options for travel:

1. Travel on Advance Parole: This is the same process we discussed earlier.
2. Travel on your valid H-1B or L-1 visa: If your visa is still valid, you may be able to use it for travel instead of Advance Parole without abandoning your application for adjustment of status.

Each option has its pros and cons. Traveling on your H-1B or L-1 visa allows you to continue working for your sponsoring employer upon return to the U.S., while re-entering on Advance Parole technically pauses your H-1B or L-1 status.

However, if you choose to travel on your H-1B or L-1 visa, make sure it’s still valid for re-entry. If your visa has expired, you’ll need to apply for a new one at a U.S. consulate abroad, which can be risky while you have a pending adjustment of status application.

Emergency Travel Situations

Life is unpredictable, and sometimes emergencies arise that require immediate travel. If you find yourself needing to travel urgently while your adjustment of status and Advance Parole applications are pending, there are a few options:

1. Expedited Processing: In some cases, USCIS may expedite the processing of your Advance Parole application if you can demonstrate an urgent need for travel.
2. Emergency Advance Parole: In truly exceptional circumstances, you may be able to obtain emergency Advance Parole directly from a USCIS field office.

These options are like the emergency exits on an airplane. They’re there if you really need them, but they’re not meant for regular use, and there’s a high bar to access them.

Proceed with Caution if Traveling With a Pending Application

Traveling while your adjustment of status application is pending is possible, but it requires careful planning and consideration. Here are the key takeaways:

1. If possible, avoid international travel while your adjustment of status application is pending.
2. If you must travel, apply for Advance Parole well in advance of your intended travel dates.
3. Even with Advance Parole, understand that there are still risks involved in international travel.
4. If you’re adjusting status while on an employment-based visa, carefully consider whether to travel on Advance Parole or your existing work visa.
5. In case of emergencies, know that there are options for expedited or emergency Advance Parole, but these are granted sparingly.

Remember, every immigration case is unique. While this guide provides a general overview, it’s always best to consult with an experienced immigration attorney before making any decisions about international travel during the adjustment of status process. They can help you understand the specific risks and considerations for your individual situation.

Your journey to permanent residency is important, and while the road may have some twists and turns, with proper planning and guidance, you can navigate it successfully. Stay informed, plan ahead, and don’t hesitate to seek professional help when you need it. Your green card may be just over the horizon!