Many immigrants wonder whether they can leave the United States while waiting for their permanent residency (Green Card) to be approved. While it may seem like a simple decision, traveling during this stage can jeopardize your entire immigration process.
Traveling Without Advance Parole
If you’ve applied for Adjustment of Status (Form I-485) and leave the country without an approved Advance Parole, USCIS may consider your application abandoned. To prevent this, you must file Form I-131 before any international travel.
When Can You Travel Legally?
You may travel if:
- You have received approved Advance Parole.
- You are undergoing consular processing from your home country.
- You have a valid visa (such as F-1 or H-1B) and have not yet filed your Adjustment of Status application.
When Should You Avoid Traveling?
Avoid travel if:
- You are adjusting status without Advance Parole.
- You do not have valid immigration status.
- You are in removal proceedings or have a criminal record.
How to Apply for Advance Parole
Advance Parole is requested using Form I-131. You can justify travel for humanitarian, employment, or educational reasons. Approval can take several months, so plan ahead.
Common Mistakes to Avoid
- Buying tickets before receiving Advance Parole.
- Relying on unofficial advice.
- Leaving the U.S. with a pending application without legal counsel.
Have Questions Before Traveling?
Every case is unique. Leaving the country without proper guidance can have serious consequences. Before making any decisions, consult with an immigration attorney.
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