If you have entered the U.S. with a temporary visa, your ultimate goal is probably to get a green card so that you can legally remain in the U.S. If that is the case, you will need to go through the adjustment of status process as this allows you to remain in the United States. However, adjustment of status and travel can be quite tricky as there are certain limitations on travel while your AOS is pending. Keep reading to find out more about the adjustment of status travel process and how you can get advance parole.
What Is Adjustment of Status (AOS)?
There are two avenues you can take when you are applying for a green card: adjustment of status or consular processing. Adjustment of status is for individuals already in the United States, while consular processing is for those who are applying from outside the U.S.
It is essential that you understand these two different types of processes and which you qualify for. Not only do they apply to different situations, they require different application forms, supporting documents, and have different processing times.
What Is Advance Parole and When Is It Required?
Generally speaking, adjustment of status and travel do not mix well, as this can send the wrong message to the USCIS. This can make you seem as though you are inconsistent or are applying for a green card for the wrong reasons. However, there are several legitimate reasons why you may need to travel outside of the United States while your AOS application is still pending.
Because of this, you can travel while your AOS is pending if you obtain advance parole. This will help you override the green card travel restrictions by obtaining special authorization to travel with certain limitations. Not only is advance parole necessary for leaving the U.S. while your application is pending, but it will ensure you can get back into the U.S. after traveling abroad.
You should apply for USCIS travel authorization even if you will be leaving the U.S. for a very short amount of time. If you fail to do this and travel without authorization, it is very likely that your case will be categorized as abandoned.
Exceptions and Emergency Travel Situations
Like most things, there are some exceptions when it comes to adjustment of status and travel requirements. For instance, if you hold a H-4, H-1, L-1, L-2, K-4, K-3, V2, or V-3 visa you do not need advance parole approval to travel. However, your visa status must be valid and maintained, and you need to have evidence that you have already filed an adjustment of status application.
There are also rare instances where you may be able to get advance parole for emergency travel situations that you did not predict would occur. Keep in mind that the processing time for form I-131 is at least six months for the majority of cases. But, you may be able to request that your case be expedited if you can prove that the situation requires urgent travel.
How to Apply for Advance Parole
It is strongly recommended that anyone applying for adjustment of status also apply for advance parole, just in case. You can file both of these forms at the same time so that you don’t run into any issues later on if you need to travel unexpectedly.
Here is a breakdown of the steps to take when applying for advance parole:
- Fill out form I-131
- Provide a copy of a government-issued identity document
- Provide two identical passport-style photos
- Provide a copy of the I-485 receipt notice if previously filed and still pending
You should also hire an immigration travel lawyer before you fill out and submit your application. An attorney can ensure you have done everything correctly and provided the necessary documentation for approval.
Having an immigration attorney on your side will also be essential for navigating any issues that may arise if you need to travel while your AOS is still pending.
What Happens If You Travel Without Permission
Anytime you are seeking a green card or visa, you need to be incredibly aware of your actions, especially regarding travel. If you do not obtain permission to travel while your AOS application is pending, this will automatically result in your case being considered abandoned, and the USCIS will deny your application. Since you will most likely still be outside of the U.S. when this happens, this also means that you will not be able to re-enter the U.S.
Although this does not necessarily mean you cannot pursue a green card in the future, it can make things more difficult. The denial will go onto your immigration history, which can make it more challenging to get a green card later on as you will be seen as more of a risk.
Hire an Immigration Attorney Today
Do you want to apply for advance parole so that you can travel outside of the U.S. while your adjustment of status case is pending? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ:
Can I leave the U.S. while my green card is pending?
Because it can take quite some time for green cards to be processed, it is possible to travel outside the U.S. while your green card is pending. However, you must obtain advance parole beforehand; otherwise, you will be abandoning your application.
How long does it take to get Advance Parole?
The processing time for advance parole can vary significantly depending on how busy the USCIS is and your individual situation. But, this generally takes at least six months or longer.
What if I have an emergency?
If you have an emergency situation and you need to leave the U.S. while your AOS is pending, you still need to obtain advance parole in most situations. If you can prove that the situation is urgent, you can request that the USCIS expedite your case so that you can get approved sooner.
