can i travel outside the u.s. while my adjustment of status is pending?

Traveling outside the United States while your adjustment of status (AOS) application is pending can be complex and carries risks. It is essential to understand the requirements and potential consequences before making travel plans. 

Understanding Adjustment of Status (AOS)

Adjustment of status is the process by which an eligible individual already in the United States applies to become a lawful permanent resident (green card holder) without having to return to their home country for visa processing.

Travel Restrictions and Advance Parole

1. Advance Parole Document

• What is Advance Parole?: An Advance Parole Document (Form I-512) is a travel document that allows individuals with a pending AOS application to re-enter the United States without abandoning their application.

• Form I-131: To apply for advance parole, you must file Form I-131, Application for Travel Document, with U.S. Citizenship and Immigration Services (USCIS).

• Approval Needed: You must receive approval for your advance parole application before departing the U.S. If you leave the U.S. without it, USCIS will consider your AOS application abandoned.

2. Eligibility for Advance Parole

• Pending AOS: You must have a pending AOS application (Form I-485).

• Not Applicable for Certain Applicants: Certain individuals, such as those in removal proceedings or who have been unlawfully present in the U.S. for a certain period, may not be eligible for advance parole.

Application Process for Advance Parole

1. File Form I-131

• Form I-131: Complete and submit Form I-131, Application for Travel Document.

• Supporting Documents: Include a copy of the receipt notice for your pending Form I-485, two passport-sized photos, and any required supporting documents.

• Filing Fee: Pay the required filing fee (check the latest fee schedule on the USCIS website).

2. Wait for Approval

• Processing Time: The processing time for advance parole can vary, but it typically takes several months. Check the USCIS website for current processing times.

• Travel Only After Approval: Do not travel until you have received your approved advance parole document.

Risks and Considerations

1. Abandonment of AOS Application

• Travel Without Advance Parole: If you leave the U.S. without an approved advance parole document, USCIS will consider your AOS application abandoned, and you may need to start the process again.

2. Re-entry Issues

• Inspection at Entry: Having advance parole does not guarantee re-entry to the U.S. You will still be subject to inspection at the port of entry, and U.S. Customs and Border Protection (CBP) officers have the authority to deny entry.

3. Changes in Immigration Status

• Legal Advice: Consider consulting with an immigration attorney before making travel plans to understand the potential risks and ensure that you comply with all requirements.

Keywords

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Conclusion

Traveling outside the U.S. while your adjustment of status application is pending is possible but requires careful planning and approval of an advance parole document. Understanding the risks and requirements is crucial to avoid abandoning your application and ensuring a smooth re-entry into the United States.

If you have any questions or need legal assistance, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.