Traveling abroad might not be a good idea when your green card application (Form I-485) is pending. One wrong move, and you could lose the application and have your residence clock restart.
In this blog, we explain what’s safe and what’s not.
Don’t Leave Without Advance Parole
USCIS rules are clear about this. If you leave the U.S. while your I-485 is pending without Advance Parole, USCIS may treat your application as abandoned.
This means you have to start over. You will repay the fees, and you will lose the time you have already accumulated as a resident.
What Advance Parole Is
You usually get an Advance Parole (AP) after filing Form I-131.
Advance Parole is a travel document that protects your pending I-485 application. Without it, international travel may be risky. Advance Parole allows you to leave the United States and request re-entry in accordance with green card holder rules. Therefore, if you need to travel while waiting for a decision on your green card application, be sure to carry both your Advance Parole document and your passport.
When You May Travel Without Advance Parole
There are exceptions, such as:
- You’re in H-1B or L-1 status
If you’re maintaining a valid H-1B or L-1 status and you have a valid visa stamp, you may travel and re-enter on that status.
You don’t need Advance Parole to return. You must maintain the status properly. If your visa stamp has expired, you’ll need an AP or a new visa stamp abroad.
- You switch to consular processing
This can’t really be described as travel while adjustment is pending. It’s abandoning the I-485 and finishing the green card process at a consulate.
It may come with a longer timeline, but some people choose this route when travel is unavoidable.
What Advance Parole Does
AP lets you:
- Leave the U.S. while your I-485 is pending
- Re-enter and keep your I-485 active
- Travel for personal reasons or emergencies
Emergency AP is possible, but you must document the emergency with substantial proof- and processing times could take a while, so it is better to file early.
The Risks of Traveling Without AP
A couple of things could happen, such as:
- USCIS may deny your I-485 for abandonment
This is a common outcome.
- CBP may refuse to let you back in
If you have an issue in your history, CBP could detain or deny your entry.
- Any inadmissibility issue gets magnified at the border
Small things, such as old removal orders, prior misrepresentation, or criminal issues, can blow up in your face while you are attempting to re-enter the country.
- You may end up stuck abroad
If you end up staying abroad for too long, CBP may consider it abandonment of residence. This means all your time and efforts towards securing permanent residency will go to waste.
How to Prepare Before Traveling, If You Must
Here are things you need to do.
- Confirm whether AP isrequired-
If you’re not in H-1B or L-1 status, assume AP is required.
- File Form I-131 early-
USCIS warns you not to book travel until an AP is issued.
- If relying on H-1B or L-1 to re-enter-
Check your visa stamp. If the stamp has expired, you’ll need an interview abroad, which can delay your return.
- Carry everything for CBP
At a minimum:
- Your AP document
- I-485 receipt
- I-130 or I-140 approval if applicable
- Passport
- Proof of U.S. residency, such as an employment letter, a lease, or pay stubs.
- Ifthere’san emergency
Request emergency Advance Parole- but be prepared to provide proof, such as medical letters, death certificates, or employer letters.
What Happens at the Airport When You Return
With AP, you’re usually paroled in after inspection.
But CBP can do either of these things:
- Send you to secondary inspection
- Ask questions
- Review your history
- Delay your entry
- Or in some cases, refuse parole
Ask Your Immigration Questions FREE
Most people should not travel without Advance Parole, but H-1B and L-1 holders have more flexibility. An emergency AP is an option when life happens, but the safest route is to get AP first before you travel
If you have more questions regarding your traveling as an immigrant or other immigration-related queries, visit ImmigrationQuestion.com today.
There, you can meet with 100+ lawyers who can help. You get to ask your questions FREE and get answers from licensed immigration attorneys.
Frequently Asked Questions
Can I travel while my green card application is pending?
Yes, if you have Advance Parole or you’re in a valid H-1B or L-1 status with a valid visa stamp.
What happens if I leave the U.S. without Advance Parole?
USCIS may treat your I-485 as abandoned and deny it.
How do I get Advance Parole?
File Form I-131. USCIS will issue the travel document after approval.
Does Advance Parole guarantee re-entry?
Even with an AP, CBP still has the authority to question you and deny entry in some cases.
How long does Advance Parole take?
USCIS processing varies. It can take several months, so it is best to file early.
What if I have an emergency and need to travel as soon as possible?
Request emergency Advance Parole at a USCIS office and bring solid proof.
Can traveling affect my green card interview?
Travel can delay mail delivery, scheduling, and case updates. Monitor your USCIS account closely and inform them if you have to reschedule.
What documents should I carry when returning to the U.S.?
AP document, passport, I-485 receipt, proof of your U.S. residence, and any supporting immigration receipts.
Is it safe to re-enter with AP if I have past immigration issues?
Talk to a licensed immigration attorney on the ImmigrationQuestion.com attorney directory for professional advice.
