What to Know Wednesday

Traveling Abroad While Your Immigration Case Is Pending: What You Need to Know

If you have a pending U.S. immigration application, it is crucial to think twice before booking that international trip. Many individuals are surprised to learn that leaving the United States—even briefly—can put their entire case at risk if they do not have the proper travel authorization.

Here is what you need to know:

1.  Travel Can Jeopardize Your Application

If you leave the U.S. while an immigration benefit is pending (such as adjustment of status with Form I-485), your application may be considered abandoned—meaning it could be denied simply because you departed the country without permission.  This applies even if your departure is for a short trip or family emergency.

2.  When Travel May Be Allowed

Some applicants can travel abroad if they first receive a document called Advance Parole.  Advance Parole gives you permission to leave and return to the U.S. without abandoning your pending application.
Advance Parole is typically requested using Form I-131, and it must be approved before you travel.  Travel without it can result in denial of your underlying application and possible bars to reentry.

3.  Who Should Be Especially Careful

• Individuals applying for a green card (adjustment of status)
• DACA recipients with a pending renewal or application
• Anyone with a pending waiver, asylum, or other immigration relief

Even if you have a valid visa or are in valid status, traveling while a case is pending can cause complications.

4.  How to Apply for Advance Parole

You can request Advance Parole by filing Form I-131 with USCIS. You will need to provide:

• A copy of your pending application receipt notice
• A valid reason for travel (e.g., family, educational, or employment-related)
• Supporting documentation Processing times can vary, so plan ahead.  Do not leave the U.S. until Advance Parole is approved and you have the document in hand.

Stay Safe, Stay Compliant

Before making any travel plans, consult an immigration attorney to ensure your departure will not jeopardize your status or pending application.  One misstep could result in delays, denials, or even a ban on reentry.

Need help applying for Advance Parole or reviewing your travel plans? Contact us at [email protected]for guidance.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].